civus
Hearing video

ZBA Hearing - August 30, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 30, 20233h 48m

And that would be a need during school hours and school days, as well as when school is not in session in the evenings, weekends or summers or vacations, correct?

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Yes, it's full time.

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It's, you know, obviously the priority is when the kids are in session.

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But to just secure our campus, our buildings, all of the things we have for the students, the fencing is truly important.

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And given the, you know, the valuable charge that you have of the children and just the attractive nuisance, I guess you could say, of having the school property, is six foot in your mind and the mind of the school insufficient to provide this needed security?

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I think there's a big difference between a six-foot fence and an eight-foot fence in just, you know, keeping people in who need to be in and anyone else out.

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In addition to, like, you know, things going over the fence, balls bouncing, kids climbing, eight feet would feel much more secure for our kids to be safe.

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Thank you very much.

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Questions from the board?

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No, Chair.

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questions or comments from the virtual audience

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i do not see any further hands mr chair planning commission thank you mr chairman and good

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afternoon david effecto with the city planning commission the comprehensive plan recommends

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no change to the residential single family zoning at this location the appellant seeks two

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variances for fence height the appellant has not shown that an economic detriment will accrue to

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the property if they are required to follow the dimensional requirements in the zoning code the

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city planning commission recommends the board deny the proposed dimensional variances for fence height

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thank you mi 2023 002 852 5600 chester avenue i vote yes oh and we do have revised we do have

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revised plans well i'm sorry revised plans one page stand by zba august 30th 2023 thank you

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Thomas Holliman, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you.

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Number 12.

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Thank you, counsel.

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Appreciate it.

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MI 2023-002-196-2301 Spruce Street.

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Alan Nockermson is the attorney.

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There's a letter of non-opposition from the Center City Residents Association.

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With an enforceable proviso of interior trash storage.

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A letter of non-opposition from Council Member

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Councilman Johnson.

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I'm back in this panel.

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Hi, Mr. Nockmson. Just for the record, state your name. You've already been sworn.

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Alan Nockmson.

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To identify your client, the relationship to this property.

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Oh, yes. My client is Cary Borish. He's the proposed tenant for this.

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All right. And our vice chair has just a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents that are needed to proceed with this case five days in advance of this hearing?

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I have.

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Thank you. Please proceed.

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Thank you. Can I share my screen?

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Please.

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Yes.

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All right, so I know it's been a long listing, so I'll keep it brief here.

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Get the...

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All right, here to present 2301 Spruce Street, we're looking to put a coffee shop on the ground floor of this property, which is at the corner of 23rd and Spruce.

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This is not a variance. This is a special exception we're seeking.

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So we have a notice of referral.

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We have a letter of non-opposition from the Center City Residence Association.

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We have a letter of non-opposition from the Center City Residence Association, along with a letter of non-opposition from the district council member.

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Quickly, we'll go through maps of the area, photographs of the property, simple floor plans showing the layout of this coffee shop or proposed coffee shop.

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Our RCO meeting notice, our application for a special exception.

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our lease showing that Mr. Borish is the tenant for this property, as well as a certificate of

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tax clearance showing that the landlord is in good standing with respect to this property.

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At the conclusion of my presentation, I'll ask Mr. Borish to virtually raise his hand,

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be sworn in, and I'll ask him a few questions about the presentation.

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Notice of referral. Again, this is a CMX1 property. This is conditionally approved. This use is

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allowed conditionally as a prepared food shop and we're here to seek the board's approval

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of same again we met with the center city residence association and we have a letter

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of non-opposition and you know the chairman mentioned about trash being stored indoors

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other than obviously in trash other than trash days and then here's our letter of non-opposition

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from Council Member Johnson as well. Maps of the area, as you can see, we are a CMX1 property

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on the corner of Spruce and 23rd Street. Again, you can see here from a Google Maps perspective,

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it's not uncommon to have a coffee shop or restaurant establishments of this sort.

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In the neighborhood, you can see throughout this map, there are different types of establishments

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stuff like this. Photographs of the property. So this is our property from Spruce Street,

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our property from 23rd Street. We plan to take hold of it and use this part of the property for

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our coffee shop. The hearing notice poster on both sides on 23rd as well as on Spruce Street.

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This is Spruce Street to the right of the property. To the left of the property, again,

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showing not out of character to have restaurant establishments in this neighborhood on the

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corners, you know, to the right of the property on South 23rd to left of the property on South

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23rd. Our plans and drawings simply walk in. You have a couple counters against the wall here and

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here's some tables. Here's a bathroom. Here's the countertop where people would be served and

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there'd be a point of sale system as well for this prepared food shop. Meaning notice we met

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With the Center of State Residence Association on June 27th at 7 p.m., more than 100 people were notified of this meeting.

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The list of addresses, proof of mailing to those addresses, or applications for special exception on Mr. Boris's behalf, along with the notice of refusal, project information form, the lease showing that Mr. Boris is the proposed tenant for this property.

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And finally, our certificate of tax credits.

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With that being said, I would ask that Cary virtually raise his hand and be sworn in.

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Hi, could you state your name, please, and spell for the court signographer?

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Yes, sir.

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My name is Cary Borish, C-A-R-Y Borish, B-O-R-I-S-H.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do. Proceed, counsel.

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Perry, you heard everything I had to state today about your zoning.

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I did.

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And is it true and correct?

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Yes, it is.

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And do you adopt this as your own testimony?

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I do.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Mr. Chair, I have Wade Albert with their hand raised.

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i have allowed them to speak at this time okay hi could you state your name please and spell for

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the court stenographer or wade albert w-a-d-e last name is a-l-b-e-r-t do you swear a firm

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to tell the truth the whole truth nothing but the truth i do are you a neighbor uh i'm counsel for

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the the center city residents association great thank you mr albert proceed i will keep this

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short and sweet. The letter that CCRA sent does not oppose this request. It has a number of

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provisos. I believe that, Mr. Chairman, you said that the trash provisos are enforceable,

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so we would respectfully ask that the enforceable provisos or proviso be included in the license if

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the ZBA is inclined to grant this request. Thank you. Thank you for taking the time to call us.

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We appreciate it. Is there anyone else in the virtual audience?

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i do not see any further hands mr chair any commission thank you chair bergman and good

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I do not see any further hands Mr. Chair

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any commission

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afternoon david effecto with the city planning commission the comprehensive plan recommends no

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change to the commercial mixed use zoning at this location the appellant has shown the proposed sit

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down restaurant will have no detrimental impacts to the neighborhood beyond what might be expected

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the city planning commission recommends the board grant the proposed special exception

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price sit down restaurant thank you um just just i believe our application is for prepared food shop

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i just want to make sure the record's clear on that i think that's our refusal so or a referral

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says the referrals are prepared food shop yeah okay um number 12 mi 2023 002196 2301 spruce

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street i vote yes um proviso interior trash storage thomas holliman my vote is yes with

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proviso james now my vote is yes with proviso ishmael shahi my vote is yes with proviso

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thank you council thank you have a great day is there anyone in the virtual audience whose

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2 p.m. case has not been called?

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Mr. Chair,

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I have a Renee Adams with her hand raised.

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Do I allow them to speak?

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Sure.

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Renee Adams,

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please unmute.

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Excuse me, Mr. Chair.

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This is Hillary. Both of the hands

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that are raised are for cases on the

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3.30 p.m. list.

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Okay, so here's what we're going to do.

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We're going to take a five-minute break, and then we're going to come back to do the 3.30 list, okay?

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Five minutes, and we'll be right back, everybody.

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Thank you, Chair.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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3, 2, 3, 6, and 8.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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I'm sorry, Mr. Kelly, are you back?

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Yes, I am.

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We look good.

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Lakeisha, to go?

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Yes, Chair.

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Okay, thank you.

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Good afternoon.

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My name is Bill Bergman, and I will be chairing this 330 CBA hearing.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our board member, Thomas Holliman, he's here, and our board member, James Snell.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunken.

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Here's our virtual format.

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Be advised that proceedings are being recorded.

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Video will be available by contacting Tanya Sunken at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone and you wish to testify, press star 9, raise your hand, and star 6 to unmute.

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To enter appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our executive director, Tanya Sunken.

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Let's look at our schedule.

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Number two, MI 2022-003-671-1825 South 22nd Street.

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Renee Adams is the owner.

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This case has not been posted with the zoning posters and will be continued.

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Hillary, do we have to bring Renee on?

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ms adams is here um i have advised her that she needs to contact the zoning office with

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questions but we can bring her on briefly um if you like ms adams

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yes hi hi could you could you fine thank you could you state your name and spell for the

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course stenographer renee r-e-n-e-e last name is adams a-d-a-m-s right do you swear we're

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affirmed to tell the truth the whole truth nothing but the truth yes miss adams your case is going to

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have to be continued because we don't have everything we needed for the project okay

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OK, so what we want you to do is get a hold of our office.

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so what we want you to do is get a hold of our office you'll be notified when the

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You'll be notified when the next listing is and we'll make sure they'll give you the right information for you to have everything you need.

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OK. OK. Can I just say something? Sure. I've been trying to call that number.

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Would it be possible if I can go to a Friday morning to try to pick up the necessary form?

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This is the third time for maybe one or two forms that I'm missing.

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And so what I want you to do is to call. I don't want you to go there in person.

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You can also e-mail us and we will put the e-mail in the chat.

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Okay. Look at the chat room and the e-mail will be there for you to e-mail. Okay.

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Thank you very much for coming in.

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Number three, MI 2022-006-734-2402 Spruce Street, that case is continued.

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Number six, MI-2022-003-757-2024-28-North-22nd Street, cases continued, attorney moving party.

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And number eight, MI-2022-000-397-2005 South 4th Street, per Council Member Squill's office, this case will be continued.

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This is Mr. Anastasio in the audience.

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Mr. Chair, this is Hillary.

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Yep, I see Mr. Anastasio.

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He's going to clarify.

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They advised us of the continuance, but we have not received the formal request.

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Okay, all right, I'll get Mr. Anastasio in.

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Mr. Anastasio, just state your name for the record.

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You've already been sworn.

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