civus
Hearing video

ZBA Hearing - August 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 14, 20242h 43m

I'm sorry, board member Cheryl.

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I'm sorry.

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Go ahead.

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Question.

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You said what were the hours that were going to be for the offices?

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8 a.m. to 10 p.m.

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And that was Monday through Saturday?

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Yes.

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Okay.

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And so you did meet with the community and they approved that?

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Yes, they did.

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Okay. So the CDC is connected with the church use and will the church be using this as office space or am I?

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Actually, the CDC is not necessarily connected to the church. They are a separate entity. Of course, some members of the CDC belong to the church, but the CDC is not an entity of Mount Sinai Church.

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okay so then the office spaces will be used for whom zoning meetings okay uh information on

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meetings uh for affairs that the cdc would put on like uh first-time homebuyers seminars

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and things of that sort okay all right uh thank you and i think i had one more question but i

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can't think of it now thank you any other questions from the board yeah one one comment as i normally

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do uh you go to the layout for this the units second the third floor units

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you'd like it goes to the second third floor units so if you go to those units that's barely

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a living space for the kitchen and living area i know that's not a zoning issue so i'm concerned

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that you created a two-bedroom unit that probably is better as a one-bedroom unit. I know we can't

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dictate number of bedrooms, but that's a concern. Well taken. All right. Yes.

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Other questions? I'd also like to add these apartments are offered at a reduced rate to

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members of the community and members of the church yeah i just i understand the idea of

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affordability and the reduced rate but units have to be livable you know a living room should be a

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living room you know there should be a place where folks can eat i don't i don't see in there where

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you can have a tv or a couch or something and for a two-bedroom you know so i understand your

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concern. Got it. Yeah. Thank you. Questions from our attorney, Hillary Emerson.

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No questions, Mr. Chair, but I did just want to comment. I was able to locate a copy of the

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amended refusal. The date is 7-25-24, and it does change the description for a business and

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professional office on the first floor with two family household living on the second and third

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on the first floor with two-family household living on the second and third floors.

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floors.

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There are additional refusals. The initial refusal only had a refusal for the business professional

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office. There is now additional refusals for the two-family household living as well as multiple

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principal uses on a lot. So again, that was issued 7-25-24.

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Questions or comments from the virtual audience?

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Yes, Chair, we have Craig with a hand raised, and they have been allowed to speak.

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Good morning, Craig. You've already been sworn, sir.

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Just state your name for the record.

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Craig Melodosian.

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I personally wanted to speak in support of this project.

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I have a prior history with the use of these buildings, with a four-year grant program involving a mixed use between Mount Zion and the Amachi program.

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We regularly had meetings in the commercial space.

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These buildings, in my opinion, are integral to maintaining the integrity of the Mount Zion campus.

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They were in a challenge situation at the time.

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This would stabilize them, make them useful.

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They do sit adjacent to the SEPTA portal,

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so that, or rather the SEPTA maintenance unit.

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So that does bring some challenges to getting buildings like that used in the

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area.

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The fact that the church can use them directly across the street from a

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major health center.

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I just think this is a wonderful reuse of these RSA five properties.

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Thank you, Craig.

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Anyone else in a virtual audience?

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i see no hands planning commission

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good morning dan powers with the city planning commission the comprehensive plan recommends

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changing zoning at this location from rsa 5 to rm1 the proposed use does not conflict with the

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purpose and spirit of the zoning code the city planning commission recommends that the board

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grant the variance for offices and residences at this location.

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Thank you. MI 2023-006-304-5003 Woodland Avenue. I vote yes. Proviso. Amender refusal dated 7-25-24.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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my vote is yes with proviso

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Tanetta Graham

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my vote is yes with proviso

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Ishmael Shaheed

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my vote is yes with proviso

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thank you counsel

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thank you very much commissioners have a good day

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is there anyone in the virtual audience whose case has not been called

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here we have Jerry Sanders with their hand raised

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once again they have been allowed to speak

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mr sanders your case is over and it's approved i just wanted to thank you all thank you very much

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oh thank you mr sanders we appreciate it um anyone else in the virtual audience this case

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has not been called i see no hands thank you everyone see everyone at two o'clock thank you

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very much okay

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good afternoon everyone my name is bill bergman and i will be chairing this afternoon's meeting

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with us is our vice chair ismail shaheed president mr chairman our board member

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cheryl l gaston president mr chairman our board member kinetta graham president mr chairman our

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board member michael johns and i believe ty it when our other board members should be on very

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shortly let's take take a look at our schedule for this afternoon oh wait a minute i'm sorry

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here's our virtual format the proceedings are being recorded with your participation

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agreed to be recorded a video will be available by contacting kathleengrady at phila.gov

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For our court sonographer and attorneys, we ask witnesses and attorneys to identify themselves.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter or appear on a statement, call 267-270-5548.

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

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And finally, the question box on the screen is not for testimony.

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Any questions, please contact Kathleen Grady.

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Any questions, please contact Kathleen Grady.

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Here's our regular list and our continuances.

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Number one, MI-2022-007-295-5737 Elmwood Avenue.

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That case is continued.

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Is Mr. Anastasio in the audience?

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Good afternoon, Chair. This is Nadia, and I'll be your co-host, and Mr. Anastasio has been allowed to speak.

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Anastasio, could you please state your name and spell it for the court stenographer?

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Good afternoon, Mr. Chair. Vern Anastasio, A-N-A-S-T-A-S-I-O.

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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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Yes, sir.

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Could you give the update on your first case there?

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Helmwood?

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Yes.

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This was a request made by Council Member Kenyatta Johnson's office and the RCO.

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It was a joint request made by them, and they are working with me and my client on reaching a community benefits agreement.

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Thank you very much, Mr. Anastasia.

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We appreciate it.

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Yes, sir.

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So, number two, MI2023, 002-778-2848 North 26th Street.

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Zen Jin is the attorney.

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I believe there's a request for a continuance.

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Counsel?

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Yes, good afternoon.

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Good afternoon, counsel.

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Could you please state your name and spell for the court sonographer?

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Yes, my name is Zen Jin, Z-H-E-N, last name J-I-N.

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I understand you want a continuance.

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could you please give us an update? Yes. So this property was before the board a few times

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as a pro se with the prior owner. The property has since transferred hands and I was retained

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by the new owner to continue the application. We just met with Suampudo, in fact, two days ago.

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Right. And this is a joint request. There's going to be one more meeting. And I believe that would

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then finalize their requests and requirements for us to be able to move forward to a final

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hearing. So we would ask for one more continuance of this matter. Thank you very much, sir. So MI

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2023-002-778-2848 North 26th Street, cases continue and mark must be heard. Thank you.

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Number three, MI2023-003-244-5558 Crousen Street.

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Charbone Anderson is the listed owner.

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Andrew Menuh is the listed applicant.

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This is a request for contingence.

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Could either one, is the applicant available?

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Yes.

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Or the owner.

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They have been allowed to speak.

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Yes, I'm available.

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

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Charbonne Anderson, first name C-H-A-R-B-O-N-E, last name A-N-D-E-R-S-O-N.

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

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Yes.

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I understand you want a continuance.

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I wasn't aware of a continuance today.

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I know we had a continuance before, but I was ready to go today.

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You were ready to go today?

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Yeah.

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um chair we also have andrew menio with their hand raised yes i believe that's the architect

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for the project yes he's the architect miss anderson we have a request for continuance from

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july which is after the last time this case was heard so we thought that applied to this listing

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no um i do not well i have to see if we have exhibits but i'm not sure if we have

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the required exhibits move forward i can i can look into that mr chair but all right why don't

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we understood this was a request for continuance based on an email that was sent last month yep

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yep so why don't we look at that and i'll i'll get back to that in a few minutes okay okay

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Number nine, MI 2024-003-186-226 Mannheim Street.

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That case is continued.

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Number 10, MI 2024-003-187-222 Mannheim Street.

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That case is continued.

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and number 11, MI 2024-003-278-5336 Ridge Avenue.

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5336 Ridge Avenue, that case is continued attorney moving party.

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That case is continued attorney moving party.

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Number 13, MI 2024, 003-335, 621-25 Reed Street, that case is continued.

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Are there any other requests for continuance?

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Chair, we have Oleg Sokolov with their hand raised, and they have been allowed to speak.

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Council, could you please state your name and spell for the court stenographer?

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Good afternoon, Chair. Oleg Sokolov, O-L-E-G-S-O-K-O-L-O-V.

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

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I do, Chair.

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I understand your case's number is on 16th Street, 3612 North 16th?

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Yeah, that's correct. 2024-003857.

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You're right. This is the first listing.

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Yes, sir.

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Could you give us an update where you stand with this?

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Sure. We unfortunately were unable to put the notice posters up in time, so we didn't submit an exhibit packet, and we're also considering making some alterations to our proposal and going back before the RCO again, so we're requesting one more, one continuance here.

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Thank you. MI 2024, 003, 002, 3612 North 16th Street. Cases continue. Mark, must be heard.

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Thank you, sir.

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Sure. Thank you. And number six. MI 2024, 002, 013, 1709 Federal Street. This case has been withdrawn.

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on. We're going to go to our add-on list. Number one, MI 2024, 000767, 1425 Marlborough

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Street. My vote

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no.

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Michael Johns, my

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vote is no.

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Cheryl Gaston, my vote is

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no.

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Tanetta Graham, my vote is no.

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Ayewen, my vote is no.

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Ishmael Shaheed, my vote

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is no.

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We're going to go to our regular list.

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We're going to go to number four.

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Um, Tanetta Graham will, will recuse herself for this case. So it's MI 2023 006 962 3214 West Montgomery Avenue. Henry Clinton is the attorney. There's a letter of unanimous support from Strawberry Mansion CDC, and also a letter of non-opposition from Council Member Young.

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Mr. Clinton.

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good afternoon mr chairman members of the board

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mr clinton could you just state your name and spell for the court stenographer

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sure henry clinton h-n-r-y clinton c-l-i-n-t-o-n do you swear or affirm to tell the truth the

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truth nothing but the truth i do could you identify your client in a relationship to this

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property sure my client is an llc but the principals uh one or all of them are on the

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call right now moses williams joseph williams and or diana lewis okay our vice chair has a few

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questions good afternoon counselor do you agree to waive the reading of the refusal or stipulate

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to its accuracy i do have you emailed in all the required documents and exhibits that is needed to

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proceed with this case five days in advance of this hearing we have thank you uh mr clinton

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Please proceed with your screen. Thank you, Mr. Sheehan.

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That is all, Mr. Chairman. It is. It's fine. Thank you. Again, good afternoon. On behalf of Diamond Park Development Corporation and their principals, Moses and Joseph Williams, as well as Deanna Lewis, we're asking for the legalization of a three-family dwelling, which has been a three-family dwelling and at times a four-family dwelling since 1989.

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These are my table of contents, A1 through A10, as well as the zoning history of the subject property, indicating multifamily use since 1941.

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