civus
Hearing video

ZBA Hearing - February 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 17, 20215h 2m

we have the refusal a letter in support from the community with provisals which for the most part

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we have no issue with except for one that i'll address during my presentation photographs plans

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task clearance deed and application forms with regard to the refusal itself i'm going to use

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the tabs to jump because it's easier uh the this is a cmx4 property located on north broad street

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near Ridge Avenue. The code actually supports more density in these areas. We originally came before

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the board for reduction in unit count to two family, which was itself a variance. However,

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after consulting with her new architect, my client decided to go ahead and go with three units,

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which actually is conforming to the code, but triggers a different variance in this case for

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one parking space. Now there is a hardship to meet that requirement here because this property

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has the unique situation of being towards the point of a triangle between Ridge and North Broad

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and the lot itself does not run street to street. My client's lot only covers half of

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the distance between what is North Broad and Ridge Avenue. Therefore, it is landlocked.

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In addition, there is an existing business that is also owned by my client that is operated by

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my client for many years. So to allow for an all-street parking spot is simply physically

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impossible in this case. Other than that, we have met with the RCO and discussed the case

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with their committee and with the local community, having not received any true feedback that is in

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opposition, the community's primary concern is that because of the addition of residential,

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they are concerned that trash would be managed properly. Because my client owns the restaurant

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business on the first floor, there are existing commercial pickups. She's going to utilize that

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as well to make sure the tenant's trash is picked up regularly by commercial pickup.

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One of the only things that was mentioned in the provisals we may have issue with is the 30-gallon

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trash storage within the unit. We did put in the plans internal trash storage. I just cannot be

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sure that it can fit 30 gallons because the size of the unit and the trash storage location

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may not be big enough for that purpose.

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We have marked out a trash storage section

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in the kitchen for every unit

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that will be at least 10 gallon plus to store trash.

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But I'm not sure, 30 gallons seems like a large space

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that I'm not sure tenants will want to keep

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30 gallons of trash within the unit

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when they can walk downstairs

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through my client's basement section

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to just simply drop trash in the back container where she has a dumpster for commercial pickup.

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So that's the only thing I have concern with with regard to the provisals.

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We don't have any issues with the other provisals of making sure,

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I'm sorry, let me zoom properly here. We don't have any other issues with the provisals that

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were requested for no gray black bricks. That's not a problem. Garbage disposal being in the units

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not a problem. The out of view is already out of view because the trash that her business uses is

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out of view in the back of the premises. They have a rear yard with an access alley and therefore is

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not in view of the street with any trash. So finally, the only one that we have issue with

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So finally, the only one that we have issue with is the size of the trash containment within the closet.

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is the size of the trash containment with

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That is the only thing I have concern with.

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The layout is pretty straightforward.

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The existing business has the first and basement, and three new floors will be placed on top of that.

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As an addition, each floor being its own residential unit.

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And it will be accessed through a stairway that allows access to the upper units.

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And the rear of the unit is offset from the first floor size to allow for HVAC.

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And finally, there is still an actual rear yard that is in existence along with an access

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alley from Ridge Street where normally the trash truck comes.

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they send someone up to take the dumpster back and trash back from this rear yard and that is

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how the trash is dropped off. There's also access through the basement both from the front all the

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way to the back rear and part of our discussion with the community was my client being that

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this is her building and her business she would work out something with the tenant if they have

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extra trash that is overflowing internally she can allow them access through to get easy access

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to the rear dumpster for trash placement so trash management should not be an issue here and again

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this is on north broad street and parking there's actually a parking lot across the street and

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on the street parking after business hours tend to be pretty plentiful on north broad although it

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is likely that tenants may park on Ridge Avenue as well. But we don't believe one parking

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spot variance will provide a hardship to the community in this case. So that concludes

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my presentation. I'm happy to zoom into any particular slide and answer any questions

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from the board. Thank you. Do you want to have your client

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My client should be here, Ms. Chen, Jun-Yen Chen should be present.

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She's logged under two devices.

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Okay.

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I'm not sure, is she on the phone?

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Ms. Chen, you feel free to speak, please unmute yourself.

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Mr. Jan, can you speak up?

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Mr. Jan, just do a follow your client's first and last name.

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Yes, my client's first name is J-U-N-E-N.

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Last name is C-H-E-N.

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as an officer to court will stipulate that your client would be adopting your testimony

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with that are there any questions from the board no no anyone else i'm sorry anyone else would

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like to testify in this case please raise your hand chair we had diane moore you may unmute

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yourself miss moore and wait for the chair good afternoon miss moore please identify yourself for

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record and i'll swear you in okay diane monroe chair the 14th ward rco thank you swearing a firm

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to tell the truth the whole truth yes i did thank you please proceed okay thank you very much and

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good afternoon um mr zen you just said about the 30 gallon can um storage area as you know

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we do have a great concern about trash and last two years ago when we approved the project for

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two units um and that was part of the provisos to have a 30 gallon can that is what is customary

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um for holding trash under normal circumstances in regular everyday living so i i don't understand

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why now you have a concern about not agreeing to the 30-gallon can.

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Well, let me interject if I will.

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I understand the concern that it may not be feasible.

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And again, Diane, with all due respect, I don't know how we can enforce it,

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but I'm willing to put that in as a proviso.

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Okay, great. Thank you. Because, you know, we just have, you know, we don't have any other problems with this project. And we're willing to, you know, we understand the hardship, but we do have a hardship with trash in the community.

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Okay, great.

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Thank you, because, you know, we just have...

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So we'll make that a provisor, but also, again, you do have one advantage this property has is that the owner has the commercial property next door and they do have commercial pickup.

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exactly and we we appreciate that too and if they want to reduce we could talk later but we're

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looking at that 30 gallon can we know what the habits of people what they what they're doing

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and with the community and we see too much trash understood i mean the prior um proviso was internal

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trash storage um not a specified gallon size so that that's why i just wanted to raise that with

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the board that you know we had always agreed to some type of internal trash storage okay

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thank you thank you okay miss monroe anything else

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i think not okay uh anyone else would like to testify in this case please raise your hand

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i see no hands here thank you planning commission

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good afternoon brian lenrick city planning commission staff this property is indicated

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for commercial mixed use on the city's plan given the existing context of the block and

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the proposals consistency with our adopted district plan goal of directing increased

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density near transit locations we support the granting of the variances thank you very much

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mi 2020 that's zero zero one one zero two six seven nine north broad street my vote is yes

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with the following provisos commercial trash pickup interior trash storage accommodate a 30

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gallon container my vote is yes with proviso yes with proviso yes with proviso yes with proviso

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thank you and i believe that concludes the 9 30 list is there any unfinished business

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no chair okay i'll see the board back at the 145. okay

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board the board will have an executive session at 145. chair i thought we were going to start

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that next week oh okay i'm a little ahead of my time thank you all right by the way if i ever

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mention about we never get done past 12 o'clock again just tell me to shut up

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never cheer

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all right talk to you too goodbye okay and we'll wait to hear from fatina when she's ready

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we're all ready chair everybody's already in the room we were live already

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okay pardon me good afternoon everyone my name is frank de chico i'm the chair of the zoning board

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of adjustment i'll be participating today in today's hearing along with our vice chair miss

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Carol Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr.

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James Snell. Board Administrator, Fatina L., and our Board Attorney, Ms. Sharon Saleta, are also

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in attendance. For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we will be administering oaths

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to individual participants prior to their testimony second we'd like to advise everyone

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that this proceeding is being recorded and that by participating you acknowledge your agreement

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to be recorded and that this recording excuse me this recording will be available to the public

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on the web or otherwise for anyone participating by phone if you wish to testify you must raise

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your hand by hitting star nine and then star six to unmute yourself. I'll repeat, for anyone

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participating by phone, if you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. Finally, to enter an appearance statement, call Google

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267-270-5548 and leave your email address and the address of the property at issue. I'll repeat.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address

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and the address of the property at issue. I'd also like to remind everyone, please do not attempt

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to testify in the chat any comments should be directed to our board administrator

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ms fatina l with that i will read a list of continuance that have already

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With that, I will read a list of continuance that have already been requested.

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On our list, number two, MI 2020.

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Let me start somewhere else, excuse me.

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My understanding that MI 2020-002758, 3018 Midville Avenue, is a request for a turning moving party.

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number next uh on our list is mi2020-0007171330 vernon road is withdrawn

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mi2020-003256 1702 altar street is request for continuance that case will be continued must be

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heard. And I believe that is the last of the continuance that have been requested so far

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and withdrawals. Anyone else? Is anyone who objects to any of the cases that have been

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continued or withdrawn? Please raise your hand.

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Patina, are you there?

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Chair, we have, we have you, I'll say that again, I'm sorry.

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we have yuri yuri hi this is yuri yuri um identify yourself first and last name spell it

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please uh yuri first name is yuri y-u-r-i last name zaltzman zs in zebra a as in apple l's in

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lima zs in zebra m as in mary a as in apple n as in nc zaltzman swear and affirm to tell the

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truth the whole truth nothing but the truth. I affirm. You are here and requesting a continuance

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nature of your business. Uh 7430 State Road.

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Uh yes you're are you what I'm state your business are you asking for a continuance

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No, I'm not asking for a continuance, sir.

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Are you the attorney?

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No, I'm the client, my attorney.

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You'll have to wait.

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That's on our list.

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We'll get to your case.

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I'm only asking if anyone has a request for a continuance or withdrawal.

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Please raise your hand.

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Chair, we have Adam Labor.

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Good afternoon, Mr. Labor.

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Please identify yourself for the record.

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You're still under oath from this morning.

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Good afternoon, Mr. Chairman and members of the board.

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Adam Laver of Blank Rome. I have been in touch with Ms. Saleta, counsel for the board,

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regarding 2750 Rear Aramingo Avenue, MI 2020-001964, to request a continuance with

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attorney as moving party. Okay, without any objection, MI 2020-001964, 2750 Rear Aramingo

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Avenue, attorney moving party. Thank you. Thank you. Here we have Sean Ward.

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The Ward, your client was just on. Please identify yourself for the record. Yeah,

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Sean Ward on behalf of Uri Zalsman, 7430 State Road.

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I was trying to head him off.

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I don't know what he was doing.

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But Mr. Chairman, are you taking requests for 3.30 yet or just 2 o'clock?

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Just 2 o'clock.

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Okay.

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Very good.

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I don't think we can do that yet.

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There may be other parties.

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Thank you.

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Very good.

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Anyone else?

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Here we have Mary Jones.

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Yeah.

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Before we get to Mary, so Sean, that you'll know if you're listening,

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yours is the last case on our list so maybe at the end of the case we can address your issue

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having said that miss jones uh yes good afternoon please identify yourself you're still under oath

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from earlier this morning mary jones representing uh the office of council president daryl clark

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on the 5th Council District City Hall, room 494. I was asking for a continuance 2144 North Dairy

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Asking for continuance, 2144 North Darien Street, that's MI-2020-003230, I believe.

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industry.

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I've been in contact with the RCO.

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I don't believe there's been a meeting at this time.

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We don't have any record of it.

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Excuse me, this is Sharon Saleta.

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Rich DeMarco is the attorney, if we could call him.

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Yeah, of course, I see on our notes that there was petition of support from neighbors.

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If Mr. DeMarco is on, please address the issue that was raised by Ms. Jones from Council

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President Clark's office.

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Yeah, is this 2144 North Darien Street that we're talking about?

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Yeah, just please identify yourself first.

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Good morning.

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Hi, good afternoon.

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Richard DeMarco here.

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