civus
Hearing video

ZBA Hearing - December 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 13, 20236h 13m

uh that's fine but tiffany's not uh tiffany's uh organization is not the coordinating rco

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okay so so the question is will you come back on and testify at the same time

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myself or anybody from your organization well i'm from the council person's office

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for me i'm from the council person's office can you honor john okay fine but we're going to go

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with the case and we're going to take testimony from

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whoever's in the audience willing to testify, okay?

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The council has already asked

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to go on with the case.

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Okay, yeah, we would just object

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to that and we would ask for them to

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go back to the community so they can take an official vote.

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Okay, thanks. We're going to go on with the

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case and we'll bring that issue up to the table

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and we take testimony. Thank you

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so much, sir. Thank you.

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Is there anyone else in the audience?

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I see

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no hands, Chair.

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All right. And I also have number 11, MI 2023-002-915-1813 North Van Pelt Street.

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Jose Bardino is the listed applicant. No exhibits, first listing.

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I see no hands, sir.

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Okay. That's also the family first development. No one from there either?

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no hands mr chair thank you so mi 2023 002 915 1813 north van pelt this is the first listing

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next listing mark must be tried

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Thank you

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Number 9

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MI 2023

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002

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921

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2018

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East Ontario

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Street

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Amado

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Solis is the

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owner applicant

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We also have

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an interpreter

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interpreter please been allowed to speak

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interpreter please raise your virtual hand

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Interpreter, please raise your virtual hand.

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Almeida Salas has been allowed to speak.

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

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Mr. Solis, could you state your name and spell for the court stenographer?

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Yeah, my name is Almedo Solis Torres.

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I live in the 2018 E, Ontario Street, the first piece of Philadelphia.

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Excuse me, Chase.

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I know, I know, I'm aware.

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Do we have our interpreter up yet?

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I'm checking now.

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Is the interpreter for this case available?

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Please raise your virtual hand.

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I am sorry, everyone, but I'm not seeing any hands raised.

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Okay.

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Hillary, I think we'll have to continue this.

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Yes, Mr. Chair, we will need to continue this. Apologies to the applicant. The staff will work on a new date.

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We'll make sure we'll try to get you back in as quick as we can, and we'll make sure there's an interpreter here.

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I'm sorry. This is Tanya, Chair. Do we have a couple cases scheduled for today? I can try to get someone right away.

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We do have a couple cases, yeah.

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Okay, let me see if I can try to get somebody right away.

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All right, let's go to number two.

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MI 2023, 002-920, 429 South 16th Street.

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Letter of non-opposition from the Center City Residents Association.

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and also

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signed by approximately

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33 people

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and I believe Mr. Cook

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Mr. Cook could you state your name please

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you've already been sworn

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good afternoon Mr. Chairman Harry Cook

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for applicant

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and

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Mr. Cook could you identify your client

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in relationship to the property

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Sure. My client is RKPC LLC. And with me today is George Corrine, who is the managing member, as well as property manager, Anita Lance.

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

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Sure.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate towards accuracy?

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Yes, I do, sir.

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Have you emailed them and all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes, sir.

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Thank you. Please proceed and share your screen.

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All right. Thank you so much.

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All right. Can everyone see my screen?

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Yes, sir.

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All right. Wonderful.

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So we're here today for 429 South 16th Street.

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Everyone is aware of the refusal. It's identified as a use refusal. However, it is more akin to a

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dimensional issue. This property is a CMX-1 property. It is located in a block that is

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entirely RM-1. Caddy corner to this property is the Independence Charter School, and across the

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street is a large physical rehabilitation, and directly across the street on the 16th Street

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side is the Chabad Center. This property has two units, residential, second and third floor.

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They are currently legal with valid rental licenses. In 1968, this property was granted

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use to have a real estate office on the first floor. So we have a property that is demised

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out with three units for decades. Let me move over to here is a copy of that use real estate

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office and two family from 1968. We are seeking to change the use of that first floor commercial

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space to a residential space. It has been on the market for rent as a commercial space since

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been on the market for rent as a commercial space since 2020. We've had several showings

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and between the size of the office, between post-COVID disinterest in renting space,

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it just doesn't fit the Goldilocks zone for commercial space. In addition, folks that have

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come to look at it are put off by the fact that there's a school next door etc with that said

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many many inquiries have been made over the past several years for residential the space is vacant

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it again is at the corner of 16th and Lombard it is a beautiful property

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I'm going to go through some of the pictures just so you can see so again we're not here to discuss

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the two units above it's just about this commercial space and it's rather de minimis

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but for about 170 square feet of lot size this would be a buy right application 170 square feet

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so this is the former uh real estate office it runs the first floor and the basement

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and these are the current conditions and again it has been vacant and unletable

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i'm going to take you up to the plans of what we're proposing

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can everyone still see my screen

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so first floor as as built presently you come in

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It is an open space. You've been through the pictures. You go down to the basement. It's additional open space.

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What we're proposing is first floor, kitchen, living room in front, bedroom in the rear, mudroom.

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There is an exterior, there's a rear egress going down to the basement, bedroom, front mechanical shared by all three units as it currently is now.

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And I'll take you to that room for a better kind of perspective of that basement so you can see where that separation point is.

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This is the mechanical room as it currently exists.

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That's not going to be part of the living space.

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You can see through here the area where that living area would be.

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um i have with me um as i said before the property manager if the board is interested

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in doing uh some more inquiry regarding um efforts to lease the property she can speak to that

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um or the board can take my um my testimony as an officer we'll take your word for it why don't

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you have the owner there your client sure sounds good uh i appreciate the brevity

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um george korean can you raise your virtual hand and join the meeting

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they've been allowed to speak thank you

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hello hi hi could you state your name and spell please for the court stenographer

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My name is George Corrine. My last name is spelled K-O-R-E-I-N.

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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.

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Proceed, counsel.

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Thank you. Mr. Corrine, did you hear and see my presentation to the zoning board today?

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Yes.

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Was it true and accurate to the best of your knowledge and understanding?

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Yes.

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do you accept do you adopt it as your own testimony yes thank you sir no more questions

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um mr chairman yeah mr cook i i noticed here that the center city residents association have

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non-opposition provide the applicant removes or legalizes a parking space i was i was just

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going to bring that up oh thank you there is a long-standing um curb cut and space and i'll

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show you the pictures below. Right now, there are no violations associated with this property.

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It came to our attention at the RCO meeting and your neighbor doesn't necessarily oppose

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the space being used, but asks us obviously to go and legalize it to make sure

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we get proper permits. And we are going to do that. We committed to the RCO to do that

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into the neighbor. And I don't believe there's a car in that space right now.

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And I don't believe there is a car in that space right now.

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Okay.

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So that's not, you're not doing that today?

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No, that is not part of this refusal, sir.

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Okay.

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All right.

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All right.

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Thank you.

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Thank you.

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Questions or comments from the board?

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No, Mr. Chairman.

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No, Chair.

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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 virtual audience?

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I do not see any hands, Mr. Chair.

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Planning Commission.

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Planning Commission.

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is the pun and commissioner still available

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we've all had such connectivity issues today yeah a little bit a little bit

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yeah uh good afternoon this is keith davis um i'm backing up ron um ron bedner and uh i'm not

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sure that he's he did you hear it yes i did okay um well first of all what can can you are you

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willing to vote can you vote uh i think after you swear me in i i can i can oh yeah i want to

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yeah right so state your name and spell please for the court stenography sure so my name is

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keith davis that's k-e-i-t-h-d-a-v-i-s right do you swear or affirm to tell the truth the whole

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truth and nothing but the truth yes i do please proceed keith this property is currently

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uh currently indicated for mixed use on the city plan uh in 2017 the zoning map was amended on this

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block from arm one to to rsa five the proposed use is substantially similar um in configuration

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to single-family use that is otherwise permitted in this zoning district.

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City Planning Commission has no objection to granting this minor variance.

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Thank you. MI 2023-002-920-429 South 16th Street, I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Counsel. You have your votes.

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Thank you. Have a great evening, everyone.

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We're going to go to number one.

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MI 2023-002-923-1537-39 Deal Street.

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Stephanie Boggs Magana is the attorney or Brett Feldman.

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Letter of opposition from Frankfort NAC, no reason given.

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Letter of opposition from Council Member Lozada.

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The applicant has given us eight form letters of support, one signed by an individual.

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Good afternoon. Thank you.

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Hi. Could you say your name, please, and spell for the court stenographer?

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Sure. Stephanie Magana, S-P-E-P-H-A-N-I-E, Magana, M-A-G-A-G-N-A, from the law of Claire Harrison.

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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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Could you identify your client or relationship to the property?

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Sure.

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My client is Frankford Creek Studios LLC here represented by Peter Crawford in attendance today.

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And our vice chair has just a few questions for you.

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Good evening, counsel.

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Do you agree to waive the reading of the refusal or stipulate to his accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case?

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five days in advance of this hearing yes i have thank you please proceed and share your screen

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thank you

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is my screen visible it is okay great thank you um sorry i know there's been connectivity issues

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today so i wanted to check um as mentioned the subject property here is 15 37 39 deal street

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This property is located about half a block from the L train station at Church and East

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