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Hearing video

ZBA Hearing - December 16, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 16, 20204h 39m

a matter of right accordingly we have no objection to the requested special exception

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thank you paula mi 2020 that's zero zero one five two zero two zero four two north grats street my

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vote is yes my vote is yes my vote is yes my vote is yes my vote is yes thank you all and

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merry christmas to you i won't see you next week have a happy and safe holiday thank you same to

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Merry Christmas to you.

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Calendar number 1381.

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No, that's, I'm at nine.

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That was continued.

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Alan Notkinson asked for a continuance on that.

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Am I correct?

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Yeah, he came on earlier and asked for a continuance.

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Okay.

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Calendar number 1519, 2532 South 13th Street.

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Ms. Tyra Rogers has her hand up. I will promote it to panelists right now.

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I believe Ms. Rogers is the owner.

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Ms. Rogers, you are now promoted to panelists. You may please unmute yourself.

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Okay. Good morning.

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Good morning, Ms. Rogers. Can you put your name and address on the record, please?

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and spell your last name? Yes, my name is Tyra Rogers, R-O-D-G-E-R-S, 5013 North Warnock Street,

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Philadelphia, PA, 19141. Thank you. Do you swear or affirm to tell the whole truth and nothing but

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the truth? Yes, I do. Have you emailed the exhibit packet with proof of ownership, tax compliance,

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a copy of the refusal or referral, photos and plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter yes and yes i also sent the

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letter as well okay thank you you may proceed good morning um thank you chairman and members

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of the board this application is for a special exception to add child care um services in the

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already existing um structure and business that's currently operating i'm sorry i apologize

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I apologize for the interruption. I just wanted to confirm Ms. Rogers' role with this hearing.

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I apologize for the interruption.

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I just wanted to confirm Ms. Rogers.

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Yes, I am the applicant. I'm the owner of, would be the owner of the business that's currently

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operating. Okay, thank you very kindly. Do you have any exhibits you can share with us?

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Yes, I have pictures of the current location. Do I need to press anything to share screen?

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What kind of device are you using, Ms. Rogers?

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My phone.

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So I don't think you can do it on a cell phone.

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Okay.

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It's already in existence structure.

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No changes need to be made.

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We're currently been open since October 2019 as an indoor space for families to come for classes and workshops with their children.

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So we already have a current base of customers with children that we provide services to.

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So we're hoping to offer an additional services of child care to those same families so we don't, you know, anticipate any disruption to the community, anything further than what we already offer and serve to the community other than a drop off place for children now with the child care.

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We did meet with the RTO, who was in support of our child care services, and I don't think

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it's anything else that, you know, would be opposing to the other than me showing you

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the structure of the facility.

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Ms. Rogers, is this at the intersection of 13th and Porter?

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It's at the intersection of Moyamiston and 13th Street.

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Moyamiston, okay, where it crosses up, across from the fire station, correct?

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Yes, yes.

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all right and this was is this the former bar it was a tap room there no it used to be the

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wells fargo bank oh okay all right just one that reacclimate myself thank you i know exactly what

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it is okay so currently i'm the tenant of the first floor and we have a currently have a day

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care operating on the second floor currently so it's okay thank you thank you any questions from

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the board no no anyone else would like to testify in this case if so please raise your hand

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no hint at this time mr chair thank you planning commission

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this is paula burns with the city planning commission we have no objection to the request

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of commercial daycare located within the existing commercial building thank you mi 2020-001519

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2532 south 13th street my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

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thank you carol i believe we go to number 15. calendar number 1556 56 50 pine street

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Mr. Cornwise has been promoted to panelists, Mr. Chair.

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Thank you.

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Good morning, Cornwise, on behalf of applicant Andre Wilson.

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I am Cornwise, my address is 100, I'm sorry, spelling that is C-O-R-E-N-W-I-S-E, my address

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This is 100 North 18th Street, Suite 300, Philadelphia, Pennsylvania, 19103.

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Thank you.

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

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Yes, ma'am, I do.

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Do you also agree to waive and stick?

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Yes.

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And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal

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referral, photos, and plans of the property five days in advance of this hearing?

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

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Yes, I emailed exhibits last week. Yes, we met with your CEO. Yes, I have a letter, but I received that Monday, so it wasn't part of my packet sent last week. I think I tried to send that Monday evening. Hopefully you got that. If not, I can share that as part of my presentation.

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Okay, Sharon would know that. You may proceed.

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okay i'm sharing my screen um and that's not what i want to share

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there we go okay uh mr chair members of the panel uh good morning this is 5650 pine street

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it's a large property on the corner of 57th street and pine and the application is for

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a four-family dwelling, multifamily, and if I go to my exhibits, this is the packet that

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This is the packet that was submitted. And in the refusal, you'll see here, this is Zone CMX 2. And sorry, here, it's Zone CMX 2. And the refusal is for the residential on the first floor, as well as for dwelling units in what's proposed on a 1,261 square foot lot.

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was submitted, and in the refusal, you'll see here.

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here's a certificate of mailing for the RCO meeting and the zoning board meeting

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attaching the notice and the refusal and here's the list received from the planning commission

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and these are the photos but they came out black and white on my exhibit so I'm going to switch

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back to the color version and uh this sorry so this is four units they are currently occupied

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they have been for several years mr wilson uh has owned this property since 2013 um there's

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no modifications proposed this is the zoning poster uh i know uh we like to see these in orange

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but uh staples uh neither staples nor office max has orange in 11 by 17 so we did what we could we

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posted that on the fence outside the property. Let me rotate this. So we're looking at this

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property, this picture properly oriented. So you see the front of this property, this is this lower

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unit, lower level we're talking about, which CMX would require to be commercial. We did meet with

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the ORCEO attending that ORCEO meeting last week on the 7th were neighbors actually on the very

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block. And they can recall this, they cannot recall this being commercial at any time.

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And also agreed that commercial at this location was not in character with the block.

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So we're asking for a variance with that refusal. This is the space that the tenants

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are occupying. Sorry, let me rotate again. So we do have four kitchens and four bathrooms.

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I try not to get too into these tenants business, just take a picture of each room.

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And when I get to the plan, I can show you the layout. But each unit does have,

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this is not a great picture of the front, but there's a stoop with the front door here.

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there's an entrance to the lower level here this is a side entrance here and in the back there is

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a driveway with an entrance to the rear unit the or the layout that we have I'll show you on the

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plans but as we're looking at this picture is there's one large unit in the bottom there's

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one large unit in the top and there's a front unit in the in what we'll call the first level

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and a rear unit on the first level so that would be four units this property is about a 3,000

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square foot property, 900 plus each floor. So there's another shot of the front. This is a

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vacant lot that Mr. Wilson has maintained for years since he's owned the property. He paid to

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stucco this wall, which was in poor shape. He fenced it and keeps the trash over here. And

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the neighbors were very happy that he maintained this and continues to do so since in the past

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it had been a mess.

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And so I'm just going back through.

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I think I hit everything there.

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So this is the RCO meeting.

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I'm sorry, RCO letter from Cobbs Creek neighbors.

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We met on a Zoom call December 7th.

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There was five people in attendance, not including the RCO members.

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uh and they didn't get any additional feedback um and they noted that this was purchased in 2013

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with four apartments uh the tenants are long-standing and they're all remaining

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in the property we talked about rents they found to be reasonable um and the uh he's taking care

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of 5648 uh and none of the neighbors on the block was opposed to uh legalizing this this uh four

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unit property and cobs creek neighbors is entering no objection to the variance being sought

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the other

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and going back to the exhibits we attached the deed and the tax record i seem so i seem to

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sometimes i'm sorry the plans i want to go through the plans um if i can zoom this up

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i think i have to

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So that's a little bit better.

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Here we have the stoop.

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So this is that middle level, I'll call it, we have the, it says here the first floor.

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enter here and we have stairs here we enter this unit and you have a large unit here

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there's a rear unit on the first I'm sorry rear entrance on the first floor with steps from the

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rear of the property entering the unit on the first floor in the rear and downstairs we have

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an entrance here as well as an entrance here on the side off of 57th street and to get to the top

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unit we're up the stairs here coming up here entering the unit where we have the kitchen

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here and the bathroom here so that's the layout as per those plans and here's the deed and the tax

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i wasn't able to get a tax compliance because when it told me technical difficulties but we see

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if you can see here let me just make sure i get it here mr wilson is under agreement here

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uh for for some um unpaid balances we have agreement agreement agreement so while i don't

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have the tax compliance we can truly attempt to get that if if the board uh sees fit um i wanted

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to show that he is under agreement with the revenue department to uh to pay any uh past

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taxes which are minimal at least i didn't see these two years and uh 2020 which is late but

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common this year with a lot of applicants and the project information form as well as the appeal

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we filed I believe yeah so with that we are seeking a variance for four dwelling units

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and ask for the approval of the board thank you is your client client available he is and

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And if he can raise his hand, I can have him comment on my testimony.

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His name is Andre Wilson.

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Andre, raise your hand if you're able to hit the button that says raise your hand.

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You can be recognized.

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are we seeing anybody

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mr wise i don't see anyone sir i'm sorry okay mr wise as an officer of court will

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stipulate that your client would be adopting your testimony yes any questions from the board

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no anyone else like to testify in this case please raise your hand

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no further hand at this time mr chair thank you planning commission

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chairman and members of the board this property is recommended for commercial use on the

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comprehensive plan based on the long-standing use of four units at this location that was

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documented by the neighbors we have no objection to the granting of the variance i'm also paula

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burns rumble burns rumble burns okay mi 2020 that's zero zero one five five six five six five

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zero pine street my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

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thank you i believe that concludes the 9 30 session it sure does congratulations thank you

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Thank you. And Tanya, we'll give you a few minutes. You'll let us know when you're ready.

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And confessor, you're going to handle everything.

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Professor, do you have a script?

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You got it? Okay.

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I'll take care of you. No problem. We're good to go.

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Thank you. Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our board secretary, Mr. Confessor Plaza, and the board members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator, Ms. Tanya Sunken, and board attorney, Ms. Sharon Saleta, are also in attendance.

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for those of you who haven't yet participated in one of our virtual hearings i'll go through

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some of the basics of what you can expect first we will be administering oaths to

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First, we will be administering oaths to individual participants prior to the hearing.

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individual participants prior to the hearing.

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Second, we'll like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by

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hitting star nine and then star six to unmute yourself. Repeat, for anyone participating by

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phone. If you wish to testify, you must raise your hand by hitting star nine and then star six to

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unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548 and leave

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your email address and the address of the property at issue. I'll repeat, to enter an appearance

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statement, call Google 267-270-5548 and leave your email address and the address of the property

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at issue. Before Mr. Confessor calls our first case, I'd like to announce the following

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continuances. Number two on our list of MI 2020-002518. 1701 Federal Street is withdrawn.

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MI 2020-002279-516 North 4th Street. This case will be continued to February the 10th at 2 o'clock

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p.m. Before I go any further, I just want to ask Sharon, did we ever receive exhibits

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for 2209

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South 63rd.

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We did not

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and this is the third listing.

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Okay, so

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we continue with

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must be heard, Tanya?

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Or dismiss it?

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Could we check to see

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if anyone is here for it?

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Is there anyone here for

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MI 2020-000540

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2209

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South 63rd Street I see no hands chair thank you no hands are up it's already

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been continued three times whatever you wish I say dismiss would be the first

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one we've done in a long time okay dismiss let me just read into the record

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again folks to mi 2020-000540 2209 south 63rd street my vote is to dismiss

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dismiss dismiss dismiss you um

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on the frankfurt avenue sharon you did send me something what was that

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correction

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i'm sorry i was muted um if if you could delay that until say 3 30 i'm still working on the

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