civus
Hearing video

ZBA Hearing - July 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 20, 20212h 56m

Thank you, guys.

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All righty.

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Calendar number MI-2021-000370-3409 Goodman Street.

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Attorney is Zen Jin.

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He's coming in now as a panelist.

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All righty.

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Good morning.

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Good morning.

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Please state your name and address for the record.

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Yes.

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My name is Zen Jin, Z-H-E-N, last name J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838,

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Philadelphia PA 19103 here on behalf of the applicants. Great. Mr. Jen, do you swear or

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affirm to tell the truth, the whole truth, and nothing but the truth? I do. Do you agree to

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waive the reading of the refusal and stipulate to its accuracy? I do. Also, have you emailed an

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exhibit packet with the required documents, proof of ownership, proof of tax compliance,

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a copy of the refusal or referral and plans and photos five days prior to this hearing?

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I have.

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Okay. And have you met with the RCO and do you have a letter?

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Yes, we have met with the RCO. The RCO voted in opposition. I will discuss that during my

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presentation.

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Okay. Yeah, we have that here. Yes. There is a letter of opposition from

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the Nicetown Tioga Improvement Team.

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That's correct.

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Okay. Please proceed.

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Thank you. If I may, I'm going to share with the board the information related to this case.

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What I have up in front of the board right now, it's the refusal. We have submitted copies of

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related documentation, including deed, proof of ownership, other things that are related to this

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case. I want to point out my client is a tenant under lease at the property. The property is

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owned RM1, and the application is for use at the food, beverages, and groceries with a takeout

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restaurant because they're proposing to have hot food involved with the grocery store.

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The refusal indicates that, of course, RM1 does not permit the use. I'm going to go ahead and

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address the opposition from the RCO first. So the Goodman Street business was actually

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purchased by my client, who was not aware that the zoning was not valid on the property. They

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started the business, it's been around for a while, but they started doing their portion of

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the business and found out that it is not allowed to be used because of the RM1 zoning.

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When we met with the RCO, there was maybe five attendees, and someone indicated that

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they're a neighbor and that there are illegal activities going on outside the property. However,

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I'm not aware of any evidence of such illegal activities. This was just being said that

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something was going on. Because we had the meeting and because of that feedback, I had my client

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actually go out and reach out to his surrounding neighbors to clarify what's going on and also to

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see if he can obtain a petition in support. Attached with the submission is an extensive

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petition in support. As you can see, many of the neighbors on Goodman Street, 11th Street,

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all the streets surrounding this particular store has signed in support of this application

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of this application because the grocery store beverages itself, the use itself is not new at

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because the grocery store beverages itself.

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that location. And for the most part, most of the neighbors, as you can see, there are plenty on

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Goodman Street here, are fine with the operation. I do also want to point out another point. I'm

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going to share a different document with the board, and that is the history of this property.

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The Goodman Street property, if the board can just bear with me for one second, this property has a use history, pretty extensive use history, going back quite a while, which I am going to pull up and share with the board at this point.

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So this is not a new use. This property was actually zoned for restaurant grocery back in 96 by variance.

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There's nothing in the record that tells me necessarily that it was abandoned. However, I do know that when the city reviews these applications, if there was no record on the permit for a while, the city automatically assumes that it was not used or was abandoned.

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However, that's not necessarily the case here, as far as I know, the client purchased, my client purchased what he thought was an ongoing business.

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So I'm going to go back now to the documentation relating to the case itself.

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So, again, we have multi-page petition here that is attached with the application.

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as you can see, quite a lot of the neighbors. The other point here is that there's an existing

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hardship to the condition of the property in that this is not an RM1 structured property.

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It certainly was not used since 96 in any way as a residential property. And structurally and

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internally set up, the property is completely a commercial unit on the first floor. Even if

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If the use wasn't permitted for this specific application, the owner would be forced to

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come back to the board due to the fact that it would be extensive renovations needed to

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make this into a residential property because it's been, since it was at one point a legal

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non-conforming use, it's been a commercial-type property.

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The case law has been pretty clear in the Commonwealth that where there is a pre-existing

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non-conforming use, continued use, or even a reasonable expansion of such use, generally would

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be permitted by the courts. The Gross v. City of Philadelphia is one such case where the courts

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found that pre-existing non-conforming use of this nature, as long as it is not abandoned,

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would be generally permitted. And in this case, even though the community has raised the argument,

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perhaps there is some kind of nuisance activities, I do want to point out that nothing was ever

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provided to me of such. And a quick search does not seem to show that there are nuisance type

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violations shown for this property either. So as far as I'm concerned, there's no evidence of such

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activities as far as actual evidence within the record. So based on all of the foregoing,

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what we're really asking the board to do is to permit the continuation use of a use that was

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at one point approved, was somehow lost within the years from the city records as having been

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a good variance, and therefore we're trying to reinstate that use. The client, not knowing what

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is going on with the zoning aspect. Actually, what I want to do is I want to provide the lease

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to the board to review real quick. The client signed the lease for 10 years, which thinking

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that, of course, this is an ongoing business concern and he's purchasing an ongoing business

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concern. Therefore, he would be able to operate. I want to point out that he purchased the property

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in July of 2020 and signed the lease starting in August. So not long after, he discovered the

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issue and then filed an application. So this has not been a business that he's been doing for

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years illegally. He just didn't realize that he's buying a business that no longer has a

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use permit that is in the record. So based on all of the foregoing, and I understand the

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community's position of taking a non-supported position, I would ask the board's favorable

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consideration in this case. I'm happy to reshare any information the board wants to see and answer

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I'm happy to re-share any information the board wants to see and answer any additional questions.

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any additional questions.

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Thank you.

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Counselor, I saw you had quite a few names on the, I guess, those in support of a variance change.

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Were they not at the RCO meeting?

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They were not at the RCO meeting.

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Part of the problem was the RCO meeting was lightly attended.

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It was a Zoom meeting.

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um we and because of the feedback from the rco meeting is why i asked my client to reach out to

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the surrounding neighbors and actually get a petition because i felt that there there's

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probably people that knows of the store but did not actually want to attend that particular meeting

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um as you can see he did reach out and there are multiple residents within the area on the block

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in fact, that is in support. This is Sharon. I just wanted to put on the record that we also

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did receive a letter yesterday from Councilman Clark's office in opposition. Okay. All right.

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I want to go ahead. I want to see if my client is present. I don't know if the board have any

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direct questions for him. If he's present, bring him up. Okay. Mr. Alcedi, can you raise your hand

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in Zoom if you're present so you can confirm my testimony?

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me? No one hand is raised at this time. I'm sorry, if as an officer of the court, I would be

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willing to stipulate that he would verify my testimony. Okay. All right. So is the,

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has this place of business, has it been, has he been operating at all? I mean.

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He has been. When he purchased it in July of last year, he was, he, he went in and started

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operating. Once he realized that there's a problem with the permit, that is when an application was

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made. So yes, he was operating. How long was he operating for? He acquired it in July. So about

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six months. That's six months? Six months. How was business? Well, we would be here applying if

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there was no business. Naturally, he feels that he can continue to do the business, which is why

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he made the application. Now, I can't speak to the prior operator. It could have been the prior

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operator did have some issues with the neighbors. I'm only here for my client, who's the new

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operator. And as far as I know, he has not had issues with his immediate, I mean, not all

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immediate neighbors, but some neighbors must have issues. Otherwise, we would not have the

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letter in opposition that we received. Okay, give me one second here. I just had a little technical

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issue here.

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okay sorry about that i hit a hit a button and everything went dark all right you're

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you're back on the screen uh okay well uh is there anyone else that would like to speak on

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this case uh in the audience any hands raised no hands at this time okay

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board have any questions yes mr chairman all right will there be will there be a exhaust

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hood included in the plan uh let me mr holliman let me go ahead and go back to the plans

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real quick i i believe there would be um a hood system it would but i just want to make sure

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whether that was on the plants.

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Because I didn't zoom in,

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I know it's a little difficult to see the

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actual plant at the time.

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This is the electric.

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I don't see a hood system

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marked in the plants.

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Okay, thank you. What is the trash plant?

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The existing business has commercial trash pickup, and that will continue.

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They also have access to the side and rear of the property.

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They have a storage area, but there's a side area to the property where...

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storage area, but there's a side area to the property where trash can be stored.

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So the trash would be picked out by commercial service. It would be stored. All that has been

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part of the operation of the business from before. And I do want to point out trash was not the issue

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that was raised by the community because it has been handled by this business even in the past

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without issues thank you thank you what was the nature of the issues if it wasn't trash what was

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the nature of the community loitering they were claiming that there was loitering in front of the

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property there that you know the illegal activities such as potentially drug sales were taking place

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and that the business owner did not make active efforts to stop such activity

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any color any kind of uh police uh log at all i i i don't again no one provided any evidence of

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such issues um there was no lni has not certainly has not found the newest to my knowledge at this

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location within the last year um and there's no we don't see anything from the police side and

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again, this is why when he went for a petition, I think the other neighbors are more than happy to

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sign because they're not aware of such activity. It's not the first time that neighbors have

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pointed out activities that they thought were part of a particular business that might have

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actually been a mistake from another business or across the street. In this case, what I do know

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is that we have not seen any evidence of actual nuisance activities. Does your client have all of

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his health uh licenses to operate business here i i don't know the answer to that because i don't

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have that information in front of me i do understand that in order for him to even if he

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gets zoning he would still have to get all the health department clearances in order to continue

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to operate do you know if he had them when he was operating six months ago um i don't have again i

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don't know the answer to that. I don't have the information. Sharon? Yes. Sharon, so if we were

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to approve this, I mean, then the applicant then has to take the next step going to get his health

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license? He would be required to have all necessary licenses, I believe, before getting

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a certificate of occupancy okay okay thank you uh once again any any uh hands raised anyone

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in the audience have any comments about this case

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no hands at this time if i could just make a quick point and it's i just pulled it up on google

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map so I can see the property. I didn't realize he had photos, so I apologize. But if he goes

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back to the photos, Tom, there is a hood system. I'm not sure how interested you are in that,

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but it seems to vent up above the second floor. It's visible on Google. I assume it's still

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in the property and usable. It doesn't look like it's in bad condition.

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thank you no problem thank you okay there's uh no other comments we're going to go to uh planning

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commission this is ron bednar city planning while this property is currently indicated for

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multifamily residential use in the city plan given its use history we recommend the request

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sit there and speak for you. Okay. Calendar number MI-2021-000370-3409 Goodman Street.

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My vote is yes. My vote is yes. My vote is yes. Okay. Thank you. Thank you. All right.

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Board, I'm going to go back to number five.

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Okay, I should have called number five.

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So let's go to five.

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Calendar number MI-2021-000333-3353 Emerald Street.

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This is a second listing and there's no exhibits.

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Is there anyone here on this case?

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Any hands raised for this case?

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No hands at this time.

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Okay. All right, board. My vote is to dismiss. Dismiss. Before y'all do that, Ms. Sharon, didn't you get the email stating that they asked for a continuance?

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Okay.

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All right, board.

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My vote is to...

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I am not sure that I did, but in any case, this is the second listing, no exhibits, and they really should have been here to request that.

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Mr. Snell, I could check for emails now and forward them to you if you would like to review

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those before deciding whether to dismiss. Okay, we can do that. Okay, thank you. Thank you.

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Okay, why don't we, let's move on and I'll wait until I get those emails and we'll go back to

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that case. So let's go to number seven, calendar number MI-2021-000426-3639 North 19th Street.

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Michael Lambert is the attorney.

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there's no hands at this time also not seeing him in attendance

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all right we'll uh we'll give the attorney a few minutes we'll come back to that

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okay just now if i could i could read you the email on the last case sure please be advised

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that I am respectfully requesting a continuance in this matter. The reason for this request is

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that despite multiple messages left with the RCO Harrowgate Civic Association, I have yet to

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receive a response regarding a meeting to discuss this zoning issue. So, of course, you're calling.

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Oh, we can do a must-be-heard, you know. Okay, thank you. We'll do that. We'll do a must-be-heard.

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All right, we'll give them a continuance.

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So calendar number MI-2021-000333, 3353 Emerald Street, that case will be continued.

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Okay.

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We'll slide down to number eight.

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calendar number mi-2021-000376 3871 jasper street

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is there anyone in the audience for 3871 jasper street yes melvin they're coming in now as a

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panelists. All righty. Good morning, everyone. Good morning, sir. Please state your name and

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address for the record. Yes, my name is Melvin Barbarena, and the address is 3871 Jasper Street,

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