civus
Hearing video

ZBA Hearing - April 22, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 22, 20267h 16m

Okay.

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all right thank you all the questions questions from our attorney hillary emerson

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um yes miss o'neill is this um is this the entire like ground floor or is it a certain unit

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on the ground floor so it's not the entire ground floor it's my understanding that there's a second

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unit i believe the second unit is over here um so your next question i'm sure is going to be what

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the unit number for this particular one is um and i will have to pull up a copy of the lease

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yeah i mean if it's not on the lease i think we just say ground floor okay just to specify

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where it is because the way the refusal is written it sounds like the whole prop the whole structure

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so i think even just saying if if it's one of two i think just saying ground floor

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is fine if there is not a specific unit number so okay

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i'm sorry was there a question pending for me oh yeah no yeah sorry i thought you were checking

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the lease oh um i don't think i have a full copy of the lease um let me stop sharing so why don't

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we use ground border yeah is that right that's yeah i think that would be all right so mi2026

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000 seven oh wait yeah we've been planning oh i'm sorry i'm sorry this is go ahead

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um if anybody in a virtual audience would like to testify for this

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If anybody in a virtual audience would like to testify for this case, can you please raise

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your hand now?

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Chair, no hands for this case.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in zoning at this location from the existing

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CMX 2.5 commercial mixed use.

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The appellant has demonstrated that the proposed use will not cause detrimental impacts beyond

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what would reasonably be expected.

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The Planning Commission recommends that the Board grant their request a special exception for eating and drinking established.

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MI 2026, 000766824, North 2nd Street, I vote yes, with proviso, ground floor only.

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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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Tanetta Graham, my vote is yes, with proviso.

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ryan mcadams my vote is yes with proviso hi i win my vote is yes with proviso

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good luck thank you thank you thank you thank you so much

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is there anyone in the uh audience whose case has not been called from the two o'clock list

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chair there's no hands all right we're going to take a five minute break

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this

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meeting of the Philadelphia Zoning Board of Adjustment. With me is our Board Vice Chair,

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Tanetta Graham. Present, Mr. Chairman. Our Board Secretary, Cheryl L. Gaston. Present,

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Mr. Chairman. Board Member Michael Johns. Present, Mr. Chairman. Board Member Ty Wynn.

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Present, Mr. Chairman. Board Member Ryan McAdams. Present, Mr. Chairman.

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also here is our attorney hillary emerson our zoning board director anne hagerty

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and our board administrator lakeisha dandy recording of this hearing will be posted on

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the zba website by participating you consent to be recorded this is an in-person meeting

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with remote capabilities whether remote or in person when you're called to speak

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you must state and spell your name and then wait to be sworn in once you're sworn in please state

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your name each and every time that you testify any person may enter their appearance to become

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an interested party three ways you can identify the case property address on your zoom webinar

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you can see you can you can see a staff member or you can call the zba appearance line by the

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close the business tomorrow call 267-270-5548 leave a message that includes your email address

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and the address of the property of the case the following guideline is for our remote attendees

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when directed you must raise your virtual hand in order to be recognized to speak

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if you're called to testify you will be prompted to join as a panelist please accept the request

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and then turn to your camera the q a is for questions about the hearing do not comment

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on the case in the q a and finally if you're participating by phone press star nine to raise

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your hand and sar sticks on you let's look at our schedule for today

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number one 615 alberger avenue mi 2023 006 038 this case is continued until august 26

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2026 at 3 30 pm chair um that continuous should be attorney moving party oh okay i'm sorry

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i don't have that all right so that alberger street is attorney moving party

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number two is attorney moving party two okay no 1447 west cayuga street mi 2025 006 623

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that case is continued till august 26 2026 at 330.

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3336 North 17th Street, which is MI 2025 006634. That case is continued until 7-8-28 at 3-30.

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7-8-20-26, I'm not sure.

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Yes, that's, yep.

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And then, let me hear.

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1108 Hawthorne Street, MI2025-00666.

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MI 2025-006-6733, that case is continued until 526-26 at 9.30 a.m.

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Oh, I think that's supposed to be 8.

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8, yep.

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Yes, 8.26 at 9.30.

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No, I don't think so.

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I think he, I think Ian gave me that.

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um miss miss dandy is that is that i have uh eight um so he might have got the wrong date yeah

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i'll go for it but i thought that's what he came in and told me he was yeah we yeah just

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in the because he didn't he didn't make it 3 30. yes we have 9 30 because there's so you went at

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8 26 26 at 8 30. at 9 30. 9 30. yeah all right thank you mr share case

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yep

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stay with you

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number two

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you see number seven

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seven is first

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a regular list number seven mi 2025 007 536 12 48 north front street rachel pritzker is the attorney

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This is a letter of unanimous support from South Kensington, a letter of support from

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Fishtown Kensington, and a letter of non-opposition from Council Member Young.

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and rachel pritzker should be coming back in as a panel thank you

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hi how are you we're we're uh doing great could you please state your name and spell for the

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stenographer yes rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r you swear or firm to tell the

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truth the whole truth nothing but the truth yes you identify your client in relationship to the

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property yeah so my client is james herman on behalf of uh kfn holdings llc and our

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vice chair has a few questions good evening have you submitted your documents and exhibits five

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days in advance of this hearing yes and do you waive the reading of the refusal and simply to

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its accuracy yes thank you you can share your screen and proceed with your case thank you okay

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trying to just make this bigger okay

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can you see my screen yes okay if you could make it a little larger yep

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this is 12 48 to 50 north front street

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um here's the refusal for the project um this application is just for the erection of an excess

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accessory projecting sign above the second floor windowsill with static illumination the sign is

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accessory to the existing sit-down restaurant which has been in place for many many years

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and the only um refusal that we generated was because the maximum height of the sign

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has to be lower of the roof line or the second floor windowsill whereas where we're proposing

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it is above the second floor window cell this is the application our appeal

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we did have a meeting with the art commission and we have approval

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conditional approval pending the zoning hearing for the projecting sign

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project information form tax clearance the deed for the property

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this is the aerial view of the zoning map for front street it's a corner property right on

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front and thompson streets

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aerial map as well so you can see from here

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the l goes right across french street and then west thompson street

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on the left side of the property this is the zoning posters

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some exterior

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some exterior photos as you can see this is kind of a unique um property it's the home of uh kung

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fu necktie which is a well-known sit-down existing restaurant in the fishtown neighborhood

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the outside of the building has a couple unique features with you know various roll down windows

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and the door a mural on the building in addition to sort of some ornate brickwork

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And then also has existing window conditions and the L. So based on the exterior of the property, placing the sign, which you can see here in this image right here, which is already on the property.

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So this legalizes that. Basically, there's no other location to really put it below the second story window.

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so there's some piping that runs here you have the mural as well and then you have sort of the

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existing features with the brickwork and the awnings so based on the code we'd have to kind of

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orient the sign pretty low or potentially remove some of the awning or the window work and also

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obviously cover the the mural so given sort of the uniqueness of this in addition to the l

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which kind of makes it a little bit difficult to see kind of any signage this location given

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the murals the windows the awnings and the L is kind of the only location where it has any real

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visibility for pedestrians you know going by or people in their cars and also is out of the

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you know corner of the property or off some of the other features or too low that it wouldn't

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be visible. This is just another better close-up of the sign. Not very large, not really in

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the way, but allows for a little bit more visibility of the building. Again, another

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photo here. Just from this view, as you can see, the L is pretty close to where the property

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there's not a whole ton in the right of way as well so putting it here kind of keeps it outside

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of all of that also this is just the portion of the code cmx3 can't have any illuminated signs

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and you can't have them within higher than the second story window cell we met with

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south kensington community partners which was the coordinating rco the 25th of february

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We sent out the required mailers.

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And as mentioned, they offered a letter of support, six votes in support, zero in opposition.

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We also have a letter of non-opposition from the Fishtown District and a letter of non-opposition

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from Councilman Jeff Young's office.

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you also got letters of support for from some surrounding near neighbors 1300 202 north front

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street right across the street 1247 to 53 north front next door 1246 north front

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um and as mentioned have um approval from the for the led sign as well

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from the art commission pending the vote of the zoning board of adjustment here are the sign plans

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here's just a rendering of the site

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and then some more details about the actual size location dimensions of the actual sign so not a

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very large sign, not really in the way. You need to kind of match the building and we'll

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be situated where you see in this photo. If I can bring my client on, James Herman should

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to be in the audience.

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Do we see him?

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Their hand is not currently raised.

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If you're in the audience, please raise your virtual hand.

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no hands chair rachel you're an officer of the court we will take your testimony questions from

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the board yeah question so um with the second do people reside on the second floor

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um i'm not sure if people reside on the second floor

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um and i guess my question would be if they if they number one if they have any issue

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because with the sign like reflect in their windowsill as when it's lit

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um i can look that up in a second

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she does she i i asked her the first question

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rachel could you call see if you can get them online

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yep

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Thank you.

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Hey, it's Rachel. Can you get on the Zoom link for the...

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I don't know how I can connect. I don't know what to do. Somebody has to send me something

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to connect or something. No, you just have to raise your hand. Are you in the virtual

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audience you on your phone or on zoom okay um you have to just raise your hand on zoom and then

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they'll promote you not giving the option oh wait pinch out for a bigger piece you should have the

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ability to raise your hand i see auto setting i see audio settings at the bottom and it says

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cat meeting seat there's no what what name are they under what name are you under

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my name i don't know what name on the bottom left of where you're on it you should see if it's a

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name or a phone number rachel could you want i mean you're an officer of the court could you

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ask them what's on the second floor yeah so they're just asking is there any residents on

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the second floor of the building that would be bothered by the sign no the the owners live up

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there okay yeah so they have no issue with it yeah okay any other questions yeah what are the

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hours that the sign would be illuminated what are the hours that the signs usually illuminated

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seven till well it would be seven to midnight seven a.m to midnight monday no seven p.m sorry

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seven p.m to midnight monday through thursday so essentially at dusk it comes on

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and then 7 to 2 a.m on fridays and saturdays i was like what about when you're open late okay

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and does that mean that so like this summer would it be till 4 a.m when the time gets extended

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they're not pursuing that with fifa he said we're not pursuing that okay all right no

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all the questions from the board

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questions from our attorney not at this time mr chair questions or comments from the virtual

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audience no hands chair planning commission amy boyd with the planning commission the

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comprehensive plan recommends a change in zoning at this location from the existing cmx3 commercial

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mix used to cmx 2.5 the proposed sign was granted under gp 2024 00 8516 the planning commission

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recommends that the board grant the requested variance for sign high mi 2025 00 7536 12 48

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to 50 north front street i vote yes michael johns my vote is yes cheryl gaston my boot is yes

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tenetta graham my vote is yes i am mcadams my vote is yes iowen my vote is yes thank you thank you

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Thank you. Thank you. Council number 5.

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council number five

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And my 2025, 0, 0, 7, 3, 2, 5.

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850 North 2nd street, Michael Gennard is the attorney. Michael.

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Gumbed is the Gumbel is the attorney.

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There's a letter of support from Queen village.

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Neighbors Association and a letter of non opposition from Council member school.

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michael gumball please accept the promotion to become panelists

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he's coming back in as a panelist now chair

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hello i counsel how are you could you please state your name and spell it for the stenographer

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Yes, Michael Gumbel, M-I-C-H-A-E-L, last name G-U-M-B-E-L.

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You swear or affirm 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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Yes, so I am actually the owner of the property and the applicant, as well as generally practicing an attorney.

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Our vice chair has a few questions.

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Good evening. Have you submitted your documents and exhibits five days in advance of this hearing?

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I have.

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And do you waive the reason of the refusal and stick it to its accuracy?

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Yes.

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