civus
Hearing video

ZBA Hearing - December 3, 2025

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

it sounds like the plan you all showed us

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that shows a three-point turn and it shows a shared curb cut for in and out it sounds like you

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actually okay right that's what that's this is helpful that's what i wanted to see this

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This shows the turning radius, right? So this so when you come in, you do a three point to back into the space and then you can pull out.

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this shows the turning radius right so this so when you come in you

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That's what I want to say. I want to make sure that there was enough room around the building and the rear.

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Correct. Correct. Yeah. All right.

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Any other questions?

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Questions? Hilary, by the way, thanks for putting that up. Any questions from our attorney?

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Not at this time, Mr. Chair.

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Two-minute responses from Coordinating RCO.

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I see no hands, Chair.

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I see no hands, Chair.

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Council member or their representative?

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I see no hands, Chair.

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Anyone else?

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No, Chair.

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I see no hands at this time.

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Thank you very much.

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Planning Commission.

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Nina Solomonic with the Planning Commission.

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the comprehensive plan recommends no change to the existing commercial mixed use cmx1 zoning

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there is no space for the proposed ada van parking space in the required front yard

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furthermore the ada space proposed does not meet the icc and c accessibility standards therefore

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the city planning commission recommends that the board deny the requested variance for one

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ADA van parking space?

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Vern, do you want to respond?

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We make the space, obviously, in our plan that was approved by the streets department.

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And the IBC analysis is after zoning.

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We first have to get the front yard approval for parking, and then we would need to get

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through the IBC analysis with the board examiner.

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But that wouldn't be for here.

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Thank you.

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All right, Vern, we're going to vote on this next Wednesday at 9.30 a.m.

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Thank you very much.

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Discuss it at the executive session.

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Thank you.

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Thank you.

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Number 11, MI 2025-003-568-3445 Melville Street.

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Alexander Perry is the attorney.

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Inanimous support from Port Richmond, Home Patrol and Civic Association.

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21 votes.

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good morning mr chairman good morning could you please state your name and spell for the

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stenographer yes sir my name is alexander perry a-l-e-x-a-n-d-e-r-p-e-r-r-y

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and i'm the attorney for the petition nothing but the truth yes sir could you identify your

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client the relationship to the property our client is the owner of 3445 melville street

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represented by y'all greenberg who's here today our vice chair has a few questions for you sir

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good morning um have you submitted uh your documents uh five days in advance of this

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hearing we resubmitted them on monday after waiting for the uh rco letter okay thank you

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and do you waive the reading of the refusal and stipulate to its accuracy yes ma'am okay thank

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you you can put you with your keys thank you mr chairman if i may share my screen sure

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can you see that mr chairman you are yep thank you uh this is the refusal the refusal is for um

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So, personal service are not provided for in an I-2 zoning district.

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This is a warehouse building, and we're asking for a permission to put a personal gym.

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It's a three-staff gym that does one or two individual personal training in a 1,000-square-foot garage space.

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the application for appeal was filed once the the tenant and owner realized that they couldn't

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operate it legally there was a violation which has been cured with the city as well

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it's not making any structural changes and it does have support from the community

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here is the project information stating nothing is changing other than the use

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This is our resolution with the city over the use violation, so subject to this hearing that will be cured as well.

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Here's the deed to Port Richmond warehousing LLC and the owner's representative Eyal Greenberg is also here today.

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and we have a clear taxes of record for the property as a whole and here is a picture

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And here is a picture of the corner property.

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of the corner

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As you can see, it's a large warehouse space.

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It's underutilized currently in the neighborhood, and there are residential properties to the west of this unit.

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So it's a mixed-use neighborhood while the warehouse itself is zoned I-2.

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The actual space will be used in this back area.

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it's approximately 1,000 square feet. We have posted the property at least 30 days in advance

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and before the RCO meeting. We had 21 members attend the meeting and they asked all sorts of

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questions. The owner appeared and he did give testimony and we did get unanimous support for

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this project. Here's one more posting of the other side of the building. This is a

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picture of the the space, I'm sorry, this is a picture of the space before it was

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changed. There's no structural changes, it's making use of the existing space on

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the first floor. You can see the streets outside the windows and this is as as

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set up. Again, there was a violation. The owner and tenant didn't know this wasn't permitted,

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and that's been cured at this point. It's an open concept space. There's two trainers and

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one part-time trainer who operated about 10 to 12 hours a day, and it provides services for

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individuals in the community, the neighborhood, and a lot of middle schoolers who don't have

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access to the high school gyms yet, but are trying to do strength and speed training.

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here's our notice it went out to the direct neighbors and proof of notice

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mr chairman if if i can just provide a few details about the project this is a small gym

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it's not going to be a commercial gym it's not going to be filled with dozens or hundreds of

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individuals at a time. It's a personal training for one or two people at a time. And it does

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have the community support. We do have the tenant, the gym owner here today, if there's

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any questions. And we have Mr. Greenberg, who can adopt my testimony, if desired.

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y'all are you on on the zoom

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yes eel greenberg is coming in as a panelist okay

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mr greenberg hello

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Mr. Greenberg, could you please state your name and spell it as a stenographer?

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E-Y-A-L-G-R-E-E-N-B-E-R-G.

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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.

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Please proceed, counsel.

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Thank you.

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Mr. Greenberg, did you hear my testimony?

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I did.

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And to your knowledge and information, is it true and accurate?

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Yes, it is.

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And can you adopt that testimony as if it were your own?

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Yes.

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Okay. Members of the board and Mr. Chairman, any questions?

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Sure. Questions from the board.

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What's the hours of operations, you say?

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The hours of operation are about 6.30 in the morning to approximately 6 p.m.,

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and that provides for some individuals before work being able to use the gym.

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But again, it's usually one or two people at a time.

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Okay.

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so how does this um okay so are you saying this isn't like a commercial enterprise in

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that sense or i'm sorry yes it's a commercial business but it's not a large-scale gym

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it would be as if one person uh is going to a training personal training at a time okay um and

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you have three trainers there there are two trainers it's uh uh two brothers and then there's

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a part-time trainer who has uh some private clients who make use of the space uh occasional

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okay all right is this happening in a specific condo or space because this is a rather large

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building so i'm trying to understand like exactly where in the building this is happening yes miss

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when um there is a small about 1 000 square foot garage and i can share my screen again

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yeah i think you showed the inside of it but i was trying to

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um yes it's it's approximately one-third of the ground floor

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and again there's no structural changes it is from our Google map image bear

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and again there's no structural changes it is

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with me it is this a corner of the property in the back so if I zoom in

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it's this back uh half of the property right here so you'd enter here

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yes yes ma'am through the stairwell what's that there's stairs that lead like up half of half a

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floor so yeah the the rest of the building is also used and i believe there's going to be a

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a separate zoning appeal for a third floor use, but I'm not handling that.

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Okay. Questions for our attorney?

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Just a quick clarification. Are you representing the owner in this matter or the, like the owner

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of the building or the business owner, the tenant? Yes, I represent the owner of the building.

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okay okay great and um other than this being part of the ground floor is there like a designated

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suite number unit number anything with for this space i'll direct that to mr greenberg if he can

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answer yeah there is a there's a unit number hold on i'm here with my business partner he can give

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you the unit number if that helps especially if they're going to be um if there are going to be

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multiple matters regarding this building might be helpful to specify what use is going in what

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yeah it's 100 so it's it's unit 101 sorry okay thank you very much questions from the public

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um representatives from the coordinating rco i see no handshare then is from any other rco

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i see no handshare is your council member or their representative

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of i see no hands here 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 i2 medium industrial zoning at this location the river words district planned recommendation

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12 calls to preserve industrial zoning in areas with active industrial users and to oppose zoning

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changes or variances in the lower north industrial district where this property lies. The planning

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commission recommends the board deny the requested variances for personal services use. MI 2025 003

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568 3445 Melville Street. I vote yes. Proviso. Unit 101 only. Michael Johns. My vote is yes with

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proviso. Darrell Gaston, my vote is yes, with proviso. Tanetta Graham, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso. Tywin, my vote is yes, with proviso. Thank you,

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counsel. Thank you. Number 15, MI 2025-005-166-800 South Dairian Street.

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Sean Whalen is the attorney.

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What's going on here, Sean?

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I heard.

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Yeah, I broke my hand.

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I had a full cast surgery yesterday.

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You didn't take the cast off for us to come here, did you?

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Although it's the only reason why you get to see me.

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Okay.

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I took that surgery yesterday.

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I was going to say, well, you only just take it up.

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You only wait a few days.

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Okay.

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Hillary, are we going to try to do – we'll vote separately,

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but he can make comments for both at the same time.

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So I think it might be easier actually to do them separately because the second, just so Mr. Charles, where Mr. Whalen and I have been in conversation this morning, and we do not need an amended refusal for the second one, but there will be a different proviso to address one of the changes.

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Sure, okay. Mr. Whalen, state your name, please, and spell for the sonographer.

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Certainly.

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Sean Whalen, W-H-A-L-E-N, here from Vintage Law, on behalf of the owner, 824 Catherine, LLC.

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Excuse me.

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This is the court reporter.

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Could I ask everyone to get closer to the microphone?

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Thank you.

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I feel like I'm going to be swallowing it.

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Is that better?

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Yeah.

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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, I do.

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

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Good morning.

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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, I do.

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Okay, thank you.

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And we share your screen and proceed with your case.

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Thank you.

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Thank you.

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For a point of information, there's a letter of non-opposition from Council Member Squilla

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and non-opposition from Bella Vista Neighbors Association.

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Hopefully you can see my screen.

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I do.

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Yeah, I will start by saying, based on the letters that you have that you just referenced, Chairman,

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uh this public process worked i think exactly the way city council intended it to when they passed

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this uh can you can you speak can you get closer to the mic please is that better yeah much better

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yeah much better i've never had anybody not be able to hear me before um yeah this public process

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worked exactly the way city council intended it to we attended an october 7th meeting for both

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properties at the same time uh both 800 south darien and 801 south 9th street that'll be coming

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up next and that was attended by over 70 people and i would be lying if i said there wasn't a lot

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of opposition in the room and that meeting went over three hours they that was for informational

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purposes only we then the developer or if i bush is here uh and he can adopt my testimony later

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but he then went door to door with all the concerned neighbors in the neighborhood we

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walked through all of their issues all of their concerns about a month later in november we went

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in front of a voting meeting that had over 60 people at it and received virtually unanimous

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support so i think the the process here played out exactly how city council and hopefully all of us

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