civus
Hearing video

ZBA Hearing - December 3, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Dec 3, 20257h 18m

My cousin who works with us too, he works at another place.

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so we get clients from them. Referral clients

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from them.

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But yeah, it's a

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requirement that they work or do something

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like they have to be in something. They can't just

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sit in the property all day.

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And we love this location because we

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partner with some businesses in the area, so whenever

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they need help with getting jobs, we're able to do that.

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Are there any

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other recovery

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homes?

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Do you want to be considered a recovery home or no?

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We do, but yeah, we

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do. Okay, because right now it's

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like you're not really attached to any type of referral service to get you

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those kind of clientele. But my question is,

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are there any other folks operating like that on this block or in the area

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that you know what? In this area it is. We saw one,

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I think it's called all good things that's in the area and they do the same

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thing, housing board and stuff like that.

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And was there any other near neighbors at the meeting that you were able to

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speak with?

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it was um we had the church the church across the street was a few of their members was on there

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and that's who we got a letter of support from the church right across the street

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um what about neighbors on the block um it's mainly like a lot of student housing and stuff

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like that nobody from the block attended our oco meeting except for the church community

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because they like directly across the street and they had some concerns and they are like 100

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with it they agree well the pastor was right yeah him and his church members it's not just the

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pastor all right anyone else on the board have a question questions from our attorney

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not at this time mr chair questions or comments from the the public uh you will have two minutes

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to respond representatives from the coordinating rco i see no handshake incorporated representatives

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from other rcos i see no hands chair district council member or his rep i see no hands chair

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anyone else i see no hands at this time chair planning commission

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nina solomonic the planning commission the comprehensive plan recommends no change to

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the existing residential multi-family rm1 zoning the property was formally used as a one unit rental

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and has documented prior use as single-family and two-family use.

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The proposed use will not cause detrimental impacts to the neighborhood

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beyond what normally might be expected.

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The City Planning Commission recommends that the board grant

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the requested special exception for group living, single-room residents

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in an existing semi-detached structure.

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As you can see, there was a lot of questions from the board

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and also the issues relative to the RCO.

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So what I want to do is hold the vote on this until next Wednesday

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We will vote at 9.30 a.m. after we discuss all the issues relative to this in our executive session.

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Can I mention one last thing before we go?

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This accommodation will allow us to be able to partner with programs like a vet program that we're one of house vets.

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And if we have our rental license, we'll be able to partner with these people.

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Thank you for your information.

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And I just wanted to clarify again, the board can only consider special exception relief if you are seeking a reasonable accommodation.

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we'll provide you information with how to apply for that separately should we do both either way

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you can do both okay yes you can do both at the same time you receive our answer on wednesday

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you can log on and hear the vote okay thank you okay number four mi 2024 004 752

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1923 east allegheny avenue mark fineman is the attorney

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good morning mr fineman good morning chair hi could you please state your name and spell

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for the stenographer yes good morning mark fineman f as in frank e-i-n-m-a-n first name

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is mark with a k you swear or affirm to tell the truth the whole truth and nothing but the truth

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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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I do.

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I do.

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Could you identify?

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Could you identify your client, the relationship to the property?

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Yes.

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My client is Dema, D-E-M-A, Realty, Inc., and it is the owner of the real estate.

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The sole owner of Dema Realty, Inc. is the gentleman to my right.

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His name is Hytham, H-A-Y-T-H-A-M, middle initial A, last name Ayad, A-Y-Y-A-D.

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All right. Our vice chair has a few questions for you, sir.

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Good morning. Have you submitted your documents five days in advance of this hearing?

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Yes.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Okay. Thank you. You can proceed with your case.

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Thank you very much. First and foremost, I want to thank the board and the staff for the accommodation in allowing us to be present here today.

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We've had the issues in the past with the remote hearing.

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So thank you very much for that.

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We're here today regarding the –

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Do you have your documents in front of you, or are they doing it in the back?

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They're –

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Oh, okay.

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Ian, you have it?

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All right.

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Thanks, Ian.

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They're both.

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So we submitted a list of exhibits.

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We're here today because we're trying to legalize the current use of the property.

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It was refused.

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That refusal is the Exhibit B, indicating that the refusal was dated on June the 18th of 2024.

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The proposed use is to, as I said, legalize, seeking the variance to legalize the existing use of the property.

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In 1978, I believe it was, 88, my apologies, there was a certificate of use and occupancy for the property, allowing it to be used as a doctor's office on the first floor with the one family dwelling on the second floor.

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It had been used that way for many years, and then at some point, and we're not certain of exactly when it took place, there was a sale of the property and a change of the use of the property.

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That use was, instead of a doctor's office, it became a business establishment, and that had been in place for a number of years.

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We know as far back as 2015, it was being used as what was labeled as a multi-services facility, including auto tags.

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My client purchased the property in 2019 and operated an auto tags place there from that point until the current time,

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with the second floor still being maintained as a residence.

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um when my client became aware that their their use technically was not in compliance with what

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the zoning was they then submitted the application which resulted in the refusal and then the

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subsequent appeal bringing us here today we're seeking to legalize that use the there's photos

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showing the interior of the property on the first floor we didn't provide the

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photos on the second there's been absolutely no change and it's been

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residential the key is what's on the first floor instead of being the

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doctor's office with a reception area and multiple small exam rooms it's now

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just basically an open space with limited public access to just the front

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area that open space for the customers to come in and go to the counter to

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submit their paperwork for whether it's auto tags notary services things of that

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nature and those are the photographs that appear as exhibit e on the exhibit

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list we provide tax clearance and the

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The publication of the notice of the hearing for today, as well as previous communications

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with the RCO in the community, and we did not receive a letter from them, but I understand

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that was received by the board on a previous occasion.

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I've never seen it, but my understanding was that that had been submitted.

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Hilary, is that true?

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Not that it's true.

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Do we have that?

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Sorry, give me just one second.

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I believe we do have this one.

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Oh, actually, no, I'm sorry.

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We do not have a letter for this one.

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All we received was an email in opposition from a neighbor.

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neighbor that's it from a neighbor one neighbor and we haven't received any

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That's it.

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From a neighbor.

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One neighbor.

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And we have.

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notification otherwise I provide the tax clearance for the property as well as

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exhibit J shows the deed reflecting that demo Realty is the owner of the property

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do you have the proof of mailing for the meeting

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I'll ask your indulgence for one moment.

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Thank you.

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I believe that would be part of Exhibit A, which was the notification sent out, it would

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the big council member Driscoll's office as well as the Harrogate Civic Association.

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Okay.

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And my pardon me, that would have been on August the 6th of 2024.

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Okay.

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Do you want to have your client adopt your testimony?

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Yes.

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Was he sworn in yet?

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No.

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Sure.

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Could you turn the microphone on and have it closed here?

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Please state your name and spell it.

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Yes, it's on.

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Okay.

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State your name and spell for this stenographer.

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My name is Haytham Ayad.

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First name H-A-Y-T-H-A-M.

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Last name A-Y-Y-A-D.

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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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Please proceed, counsel.

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Thank you very much.

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You heard my presentation to the board today regarding the application for Demo Realty to change and have a variance for the legalization of the use of the property, correct?

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Yes.

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And if you were called to testify regarding the use, with what I said, is that accurate to what you would be testifying to?

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Yes.

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Would you adopt what I've said as your testimony today?

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Yes. No further questions for the board.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the public audience that you will have two minutes.

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Representatives from the coordinating RCO?

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I see no hands, Chair.

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Representatives from other affected RCOs?

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I see no hands, Chair.

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Mr. Councilmember or their representative?

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i see no hands chair anyone else i see no hands at this time planning commission

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nina solomonic with the planning commission the comprehensive plan recommends no change

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the rm1 residential multi-family zoning at this location the city changed the zoning maps in the

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neighborhood in 2017 in a community requested map change this this section of allegheny avenue has

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never been a commercial corridor although it has hosted sporadic businesses the property has a

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documented history as a ground floor doctor's office and one dwelling unit above at some point

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a prior owner converted the ground floor into a store the impact of the proposed business and

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professional office would likely be no different to the previous doctor's office the city planning

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commission recommends that the board grant the proposed use variance for a business and

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professional office mi 2024 004 752 1923 east allegheny avenue i vote yes michael johns i vote

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yes cheryl gaston my vote is yes tenetta graham my vote is yes my mcadams my vote is yes i win my

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vote is yes thank you counsel thank you very much all right have a nice day number seven mi 2025

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5-0-0-2-1-1-3-7709 ridge avenue william o'brien is the attorney this is a resumptive hearing

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is the attorney.

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This is a resumptive hearing.

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William O'Brien will be coming in as a penalist.

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Thank you.

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good morning chairman bergman uh vice chairman graham members of the board

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william bill you got to turn up your volume we can't it's hard time hearing you

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is that better um try a little bit could you get a little closer maybe or

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how's that uh a little a little better uh could you please state your name and spell for the

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stenographer yes william w-i-l-l-i-a-m o'brien o-b-r-i-e-n right do you swear or affirm to

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tell the truth the whole truth nothing but the truth i do so mr o'brien this is a resumptive

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hearing and uh we see there's several different changes you made so we're going to take an update

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from you we'll then have questions from the board public testimony and then planning will take a

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position um could you please start your presentation thank you yes this is a resumption from august

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27th if i may share my screen uh following that hearing on uh it's still kind of low see if you

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good like i don't i don't know what's wrong here it's i'm not sure where my volume is i've never

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had to raise it

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i just try to raise your voice bill i'll uh i'll raise my voice i i just got hearing aids yesterday

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day so a little disoriented but i'll get through it uh on this maybe that's what i need maybe i

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need the hearing aid if you're but go ahead yeah on the screen is the refusal who was issued after

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the last hearing on uh september 3rd

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we're not hearing at all now bill just um it's nothing i'm breaking it's breaking yeah there's

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