civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

This matter is premature.

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this board should not be hearing this case until such time as the the developer has dealt with the

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conservancy conservancy in regard to multiple easements on that property and we have submitted

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to the board copies of those easements and i'd say this is just premature mr chairman i i really

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don't think this matter should go forward okay mr labor do you want to respond absolutely mr

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chairman and members of the board um i'm actually surprised that uh so much time has been been given

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to this discussion the department of licenses and and inspections has consistently held that

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private agreements are private agreements this zoning board of adjustment has consistently held

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that a private agreement is private agreement, not the purview of the zoning board. In full

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transparency, the developer has gone forward with the more difficult path, actually, of engaging

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with the community, engaging with the process, getting feedback. If we were to start with the

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courts and the easements, it's very likely that we would have been asked about moving forward.

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It is the right of the property owner to proceed as we have.

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And this should not even be a question at this moment in time.

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So we're going to.

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Mr. Chairman, if I could just respond one sentence, two sentences, maybe.

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They do not have a property right.

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They do not have a property right in this property because it is burdened with easements.

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They do not have a property right in this.

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Easements are not.

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Mr. Laver wants to shake his head as if I am some sort of fool.

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This is not.

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I'm telling you, these are not something that are private in nature.

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They are public in nature.

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You get an easement because the community benefits by the easement.

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they do not have a property right. I think you said that. And I think we're going to,

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listen to me, Mr. Laver, we're going to continue. Mr. McSherry, we're going to continue with this

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process. The question I have now is, Mr. Laver, how much longer will you need for your presentation?

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I would like to at least have Mr. Schenkman adopt and affirm the testimony that has been offered

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today for the record and uh i was ready to move forward with uh community members who wish to

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speak uh the council member's office etc so my my the the extent of uh of of this hearing would

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be based on uh what is said further what is asked further mr chairman um mr feyman how long will

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you need for your presentation um i i would try i will try i i noticed let me just say this

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there are a few people um including the headmaster from the cretfeld school whose testimony i i would

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give to the board and ask him to adopt and there are a few other people but i do notice that there

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There are 107 people in the audience, and I can't guarantee, Mr. Chairman, as to what

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would occur there.

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So Tanya?

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Yes, Chair.

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So we're not going to be able to do this whole thing today.

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I mean, we still have another 12, 13 cases.

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What we're going to have to do is have a resumptive hearing for this.

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Yes, Chair.

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um and uh what we'll try to do is we'll do what we've done in the past and try to have a little

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bit more time set aside for this because we just can't get through all this today

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it's just we have no we have no objection mr chairman in fact i i did speak to mr laver about

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this probably happening yes sure i can arrange for it offline and then we'll be we'll have to

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send out information. Okay. So, Mr. Laver, we just, we're not going to get through what we

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need to get through today. No, I completely understand and respect that. May I just have

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Mr. Shegman adopt and affirm the testimony from this afternoon, Mr. Chairman? Why don't we do

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that? And then if Mr. Feynman has questions, what we'll do is we'll start with that when we come

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back for the next hearing, okay? No objection to that. Okay, all right, proceed. Mr. LaVie

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Shankman, would you kindly raise your virtual hand to be acknowledged by Chairman Bergman?

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I have. Thank you. Sir, could you state your name as spelled, please, for the court stenographer?

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Yes, my name is LaVie Shankman. It's spelled L-A-V-I-S-H-E-N as in Nancy, K-M as in Mary,

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All right. Do you swear, affirm, to tell the truth, whole truth, nothing but the truth?

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I do.

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Please proceed, Mr. Labor.

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Thank you. Good afternoon, Mr. Shankman. Have you been present during the entirety of this virtual hearing?

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Yes, I have.

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And would you adopt and affirm the testimony that I've offered as your own?

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I do.

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Thank you.

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um mr feinman when we come back we'll have you have a chance to talk uh across mr shankman okay

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so we're going to move on for a resumptive hearing we'll be in touch um we will try to get

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this as quick as we can and we'll try to find some more time that we can do it and you know

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because apparently there is a lot of people in the audience interested and i'm sorry for anybody

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that's in the audience waiting but the fact of the matter is we just have to we just can't

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get through this today okay we respect i've certainly respect thank you okay thank you

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mr chairman and members of the board thank you very much thank both you right thank you

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okay number seven mi 2024 000 151 55 20 whittaker avenue jenner bazillo is the attorney

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There's a letter of non-opposition from the 35th Ward Democratic Executive Committee.

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I'm coming back in as a panelist.

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Okay.

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All right, very great.

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All right. Very great. Hello.

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Hello?

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My counsel, how are you?

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My counsel, how are you?

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Could you just state your name?

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Great.

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Could you just state your name and spell it for the...

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Sure. It's Jennifer Bazidlo, B-A-Z-Y-D-L-O.

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Right. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you identify your client in relationship to the property?

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Sure. It is Stephen Ewan, who is the tenant, proposed tenant, of Unit 9 of the building for a milk tea shop.

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Our vice chair has just a few questions.

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Okay.

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Good afternoon, counsel. Do you agree to waver reading of the refusal or stipulate to exact consent?

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Yes, I do.

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

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I did, and I sent a few supplemental exhibits this morning.

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Understood. Please proceed and show your screen.

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Great. Let me get to the right screen here.

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All right, so I am going to try to keep this quick for you guys. I think this is pretty straightforward.

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So my name, like I said, is Jennifer Bezidlow, and I'm here on behalf of the potential

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tenant of 5520 Whitaker Avenue, Unit 9, Yomi Milk Tea, that is going to be owned and operated

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by Stephen Ewan. So we're just going to briefly walk through our exhibits here. We have the

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refusal. The only refusal is for a takeout food establishment in an I-2 zoning district.

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contract. We have a copy of the lease here. It is a five-year lease with a five-year

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option, so a really long-term lease. It's also quite lengthy, so I'm just going to

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step ahead to the end to show that it is a signed lease. You can see it's signed by

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both parties. Property taxes, trash taxes are all paid on the property. We have a letter

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of support from the 35th Democratic Executive Committee.

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We have a zoning map showing that this is an industrial area, zoned area, bordered by commercial.

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And this is furthered by, you can see the industrial area of the property here.

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And then photographs, there's our posting.

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This is the shopping center.

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We'll come back to these two, but this is the shopping center.

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it's in this right here where it says i'm sorry my my pronunciation is going to be bad but dm chow

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is the location it used to be a beauty salon uh this is the interior of the store right now

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again it used to be a beauty salon which is why there's a shower there

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uh and here's whitaker avenue that you can see is a fairly um it's not a residential street

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And then here are our plans. It's going to have an area for people to come in, a counter for

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ordering, and then in the back is the prep area and storage. So let's just go back here

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to the photos. All right, so 5520 Whitaker Avenue is this large shopping center.

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um it is uh it has many other sit down and take out restaurants in it salons a grocery store

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and other service businesses like salons i think there's an insurance agent in here

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uh but it's your typical uh auto-oriented commercial shopping center i think we can

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all agree that that's what that looks like uh unit nine itself here is a little under 1300 square

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feet. And as you can see, it's just a small part of this larger shopping center. And as I mentioned,

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it used to be a beauty salon. So the proposed use is to have a isyomi milk tea, which is going to

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be a takeout only food establishment serving coffees, teas, pastries, and other similar items,

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kind of like a coffee shop. It's going to be a coffee shop serving specialty coffees and teas.

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The hours of operation are 8 a.m. to 7 p.m., and for right now, it'll be Tuesday through Sunday.

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It is going to be a family-owned and operated business, which starts off, hopefully, if things take off,

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they'll be able to take some days off and have some more employees.

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But right now, it's going to be mostly the family members working there.

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It is a large shopping center, and there are dedicated dumpster areas with commercial trash pickup.

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So there will be commercial trash pickup.

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it won't be a big deal. Honestly, in the scale of the shopping center, the waste this

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is going to generate is relatively small. And like I said, there was a commercial business

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in there before. So let me just get to the zoning map again.

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So let me just get to the zoning map again. So you can see here that we are in a industrial zoned

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area but when we looked at the overhead and you can see this again when you look at the overhead

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we have a a fairly high intensity uses. We have some manufacturing, we have trucking yards,

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We have some more warehouse type spaces.

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We aren't in the middle of a residential neighborhood.

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But so, yeah.

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And so in an I-2 zoning district, uses that are allowed by Rider Medium Industrial, which

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is light to moderate, which have light to moderate impact on the community and allow

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uses that may generate noise, odor, vibration, after hours activities and traffic impact

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well beyond the property line. Our proposed use for a takeout restaurant coffee shop here

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is significantly less intense than what would be allowed by right here

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and has almost no impact. I can't actually see how this impacts any residential property

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just because they're simply not that close by. This is the address notification list.

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All of these, when I look them up, are all commercial or industrial properties.

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there's no impact at residential properties. So as I was mentioning, this property is clearly

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a shopping center, strip mall, auto-oriented commercial. And if we were going to zone this

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property, how it's being used, it's a CA2 commercial, auto-oriented commercial,

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where this would be a buy-right use.

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So this is exactly where we would expect a takeout restaurant to be

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in this honestly pretty thriving commercial center right here.

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So I just wanted to go to the previous, this portion of the shopping center,

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so this side of the shopping center was approved in 2005

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to be constructed with numerous commercial uses.

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um so this while each in since it's zoned industrial the new uses require zoning variances

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uh it has been this spot has been used in some sort of commercial capacity and not an industrial

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capacity for almost 20 years um and and our proposed use keeps in line with the spirit of

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this previous approval um obviously we have a shopping center like i said uh and as a shopping

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center this is not an appropriate space for an industrial use to go into if we look in there

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1300 square feet this is not a place where we're going to be manufacturing things distributing

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things it's a commercial space so it would really be a hardship to use it for um

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to not to get the approval for a commercial business at a commercial space uh let's go to

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we didn't have a site visit with the 35th democratic executive committee they came out

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to the proposed location, took a tour, talked with me and my clients, and they are in non-opposition

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and say that the RCO feels that the establishment would be a positive addition to the neighborhood

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and have no concerns about the impact of it. So in the light of trying to summarize really

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quickly here, we have a takeout coffee shop that's not going to have any negative impact

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on any residential properties or any of the surrounding communities. The RCO is in support

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and believes it'll be a good addition to the neighborhood and it'll be a wonderful small

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business family business as an addition to the striving commercial space. So if I could have

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Steven come on and adopt my question, that would be great. Steven?

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they've been allowed to speak i could you please hi could you say your name

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yes could you state your name and spell for the court stenographer

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uh yes my name is steven winn s-t-e-v-e-n last name is h-u-y-n-h right do you swear or firm

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tell the truth the whole truth nothing but the truth i swear please proceed counsel

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All right, Steve, but I just have a few questions. Did you hear my testimony here today and believe it to be truthful and accurate?

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Yes, ma'am, I did.

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And would you adopt it as your own?

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I do.

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Great. Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Questions from our attorney, Ryan McSherry?

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No, Mr. Chairman.

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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

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i do not see any further hands mr chair

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the existing i2 industrial use at this location

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we feel the applicant has a demonstrated hardship accordingly the planning commission recommends

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the board grant the variance thank you mi 2024 000 151 55 20 55 20 whitaker avenue i vote yes

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with proviso use limited to unit number nine thomas holloman my boot is yes with proviso

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James Snell, my vote is yes with Proviso

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Ishmael Shahid, my vote is yes with Proviso

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Thank you so much

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Number 8, MI 2024-000227

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1000-1018 West Sedgley

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