civus
Hearing video

ZBA Hearing - August 16, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 16, 20233h 50m

analysis resulted, displayed that out of the 40 barbershops, only 5% of them closed at 7 p.m.

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Additionally, our analysis showed that over 60% of the barbershops closed between 8 and 9.

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I'm proposing to open seven days a week and closing at 9 p.m. This will allow me to accept

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appointments up to 7.45 and allow 30 to 45 minutes for sanitizing and cleaning.

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um my last remarks are that you please consider everything i had to say today and everything i

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showed you i'm not asking for no special exceptions other than those that all barbershops

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have in my area please allow me to compete and operate at the same playing field as others are

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in this industry also other businesses in the area within one and a half to two blocks radius

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close at 9 p.m. or later, such as Seven Brothers Supermarket, Bally's Pizzeria,

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Adali's Corner Store, Golden Gate Chinese Restaurant, Brothers Pizzeria,

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Roosevelt Mini Market, and only two businesses I found that close at 7 or before. And those were,

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one was an animal clinic that's on Riseson Avenue and Hoagie State Breakfast Spa,

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which closes before. Thank you for your time, and if you have any questions.

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Thank you. Questions from the board?

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No, Mr. Chairman. No, Chair. Questions or comments from the virtual audience?

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I see no hands at this time, Chair. Planning Commission.

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I see no hands at this time, Chair.

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Planning Commission.

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Thank you, sir.

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Good morning, Mr. Chairman and Board Members.

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David Effecto, F-E-C-T-E-A-U with the City Planning Commission.

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

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Yes, sir, I do.

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Proceed.

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Thank you, sir.

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Mr. Chairman and Board Members, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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this property has a documented history of use as ground floor commercial with residential

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dating to at least 1960. The proposed use variance is the minimum necessary to afford

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relief to the appellant, and the City Planning Commission recommends the board grant the

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proposed use variances for personal services and multiple principal uses on the lot.

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Thank you.

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MI 2023, 001-116-100-02-West Ashdale, 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, sir.

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Number one, MI 2023-00969-1522 South 9th Street.

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Raymond Derizio is the attorney.

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Letter of opposition from Passion Square Civic Association.

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And letter of opposition from Council Member Squill.

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applicant does have a petition

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from 73

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neighbors. Mr.

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DeRizio. Chair Raymond, DeRizio

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is coming back in as a panelist now.

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Sorry, Chair.

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Am I able to exit?

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Mr. Francisco, could you

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exit? Yes.

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Thank you.

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could you state your name please and spell it for the court reporter yes good morning Mr. Chairman

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Raymond Dorizio r-a-y-m-o-n-d-d-o-r-i-z-i-o all right do you swear or affirm to tell the truth

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truth, the whole truth, and nothing but the truth? Yes. Could you identify your client and

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relationship to the property? Yes. My client is Joseph Stefano and Billy Motto. They're the

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owners of the property. I'm your attorney for the applicants. Okay. Our vice chair has just a few

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questions for you, sir. Thank you. Good afternoon, counsel. Do you agree to waive the reading of the

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refusal and stipulate to its accuracy yes thank you and you know then all the required documents

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and exhibits that are needed and required to proceed with this case five days in advance of

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this hearing i believe so yes thank you please proceed and share your screen okay thank you

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Okay, so this is 1522 South 9th Street. It's between Tasker and Dickinson, and it's also

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between two little streets, which are Cross and Greenwich. My clients recently purposed the

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property from an estate. The house, the property has been vacant for years now. It's a three-story

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property and they have the refusal to commercial space. There's two apartments, one on the third,

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one on the second. He's seeking to have the first floor, a variance for use to have an apartment on

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the first floor and not a commercial space there. Here's our appeal petition.

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We have the deed, recently purchased deed back in December of 2022. Here are the plans. Now the

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initial plans, I know there's a letter of opposition, but I'll get to that because I

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think we can parse that out. We kind of did have at least an understanding somewhat with the

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with the community but my client's initial proposal was to have two bedrooms on the first

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floor as you could see first floor bedroom a or I'm sorry bedroom one and bedroom two bedroom one

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was in the front of the property and then after our RCO meeting which there weren't any residents

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that attended that and I believe there were maybe about four or so board members but what they asked

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for us to do is, and I have some emails that I'll show later, is we would agree to your proposal if

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we would agree to your proposal if you would do one bedroom on the first floor and put trash

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you would do one bedroom on the first floor and put trash.

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compactors on the second and third floor. So my client did agree with that. And we did submit

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a day later, a proposal with bedroom one changed to an office. My client took the closet out.

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Now, I think one of the sticking points, which for whatever reason just wasn't made clear to us

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is that they didn't want that wall there for the first bedroom and believe that my client was

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doing a second bedroom which he wasn't he wants to he will um listen to the community do one

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bedroom put the trash compactors and he's fully compliant with that well he would be fully

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compliant with that so most of the community you have rsa5 there's some mixed use we're a couple

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blocks away from from pats and genos basically this is the photo of the posters in the window

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for notice of the hearing the house he took it down to the studs some of these pictures are a

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little lopsided, so I apologize, but he's doing a whole new construction on it. And the house is

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about one corner in from Cross Street. There's utilities. The basement would have utilities in

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there, washer, dryer, heating, air conditioner, et cetera. So this is a photo of the property.

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Now, you're looking to the left of that, I believe, is a single family. There's no commercial

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there but to the right is a multi-unit apartment building and it takes up from where my client is

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all the way to Greenwich Street so I'm sorry that this is upside down but that's a picture of that

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large property next to my clients and then you have no other commercial space really on the block

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but for on the northeast corner is Grumpy's Tavern now this photo is looking south down

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again it's it's turned the other way but if you look at the two properties the the southwest and

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southeast corner they're multi-family units they're not commercial and that's really what

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the character is of this street it's all really multi-family uh here's a there's a picture looking

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north and again right directly across the street from my client's property multi-family units

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first floor, second floor, third floor. This is the one commercial spot on Cross Street. It's

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Grumpy's. It's a bar. I believe it has apartments. This is across the street from Grumpy's, a little

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larger picture of the southeast corner, multifamily residential. And this is, again, the southwest

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corner. I believe that's multifamily as well. And this is my clients looking from the vantage point

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of grumpy's tavern this is the side view of grumpy's across street so we did get that letter

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of opposition and we had a meeting again there weren't any members of the community there and

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you know what we talked about was look they didn't want two bedrooms and my client

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was willing to agree to that i have emails um showing here after the meeting the committee's

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in support of the first floor that's reduced to one bedroom um and the second floor units have a

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trash compactor. My client's fine with that. I think where the stumbling block hit was we sent

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in new plans. There was a wall there, take the closet out, make it an office. And that really

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wasn't made clear to us, but fine. And then we got a letter saying, well, now we don't like anything

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you're doing and we're just going to send in an opposition. But my client canvassed the

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neighborhood. And again, we notified the residents by registered mail, per the rules.

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and over 70 residents are okay with this and these are residents on 9th street cross street

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greenwich greenwich street so all around um are in support and it was my client's understanding

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that nobody really wants commercial there it's all residential and that's what basically he's

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seeking here's my client's tax clearance um but essentially you know he he does own other

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properties in the area. He's originally from the area, although he doesn't live in the neighborhood

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anymore. But, you know, my clients are responsible landlords. They haven't had any problem. And

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again, I don't necessarily think that was the issue. Sorry, that was the issue of why there

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was some opposition there. So, you know, we're looking to ask for the variance. The commercial

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unit would provide a distressed value there. It's not a corner property. And my client just

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seeking to have the one bedroom on the first floor second and third floor as proposed as it's been

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and as it's basically as he is right for and uh my client i believe is here on the zoom and i

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believe he would adopt my testimony mr stefano joseph de stefano

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mr de stefano

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do we see him in the audience yes they haven't been allowed to talk

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Okay, thank you.

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Okay, thank you.

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Good morning, Mr. Chairman.

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Good morning, Mr. Chairman.

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Hi, could you state your name, please, and spell?

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

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Joseph DiStefano, D-E-S-T-E-F-A-N-O.

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

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I do.

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Proceed, counsel.

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Thank you.

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Mr. DiStefano, you heard my testimony here today, and you saw the exhibits that we presented to the board?

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Yes.

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And are those true and correct statements and representations that were made?

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Yes.

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And would you adopt that testimony and those representations as your own?

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Yes.

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Okay, I have nothing further, Mr. Chairman.

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Questions from the board?

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No, Chair.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission.

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Thank you, sir.

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Good morning.

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David Vecto with the City Planning Commission Chair and Board Members.

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The comprehensive plan recommends a change in zoning at its location from commercial mixed use to residential single family.

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The property has a prior documented history of use as a private club, which predates the adoption of the zoning code in 1933.

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We would argue that the property is unsuitable for the broad array of activity contemplated in the commercial mixed use zoning district.

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so the zoning presents a clear hardship to the property's reuse the city planning commission

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recommends the board grant the proposed use variants from the commercial ground floor

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requirements in the zoning code thank you mi 2023 000 969 1522 south 9th street i vote yes

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proviso trash compactor second floor trash compactor third floor

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Thomas Holloman, my vote is yes with provisos.

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Ishmael Shaheen, my vote is yes with proviso.

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Thank you, counsel.

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Thank you. Have a good day.

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Number four, MI 2023-001-119-1441 West Tioga Street.

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Dawn Tancredi is the attorney.

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letter of support from

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Nicetown Tioga Improvement Team.

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Chair, we have a person

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by the name of Clementa Amazane.

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Oh, sure. Yep. Yep.

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Okay. They have been promoted to

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panelists.

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Good morning, Council.

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good morning council good morning chairman members of the board

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could you state your name please to spell for the court stenographer of course clementa amazon

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That's spelled C-L-E-M-E-N-T-A.

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Last name is A-M-A-Z-A-N.

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And I'm an attorney at Zara Wimbaum

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and I'll be presenting this project.

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Thank you.

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Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth?

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I do.

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Could you identify your client,

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the relationship to the property?

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My client is the owner of the property

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Kluber Holdings LLC.

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And I have Yosef Abraham as the representative

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for the LLC who will be adopting my testimony.

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All right.

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our vice chair has just a few questions of course good morning counselor do you agree to waive the

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reading of the refusal and stipulate to its accuracy yes i do have you emailed in all the

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required documents and exhibits that are needed and required to proceed with this case five days

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

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Can everyone see my screen?

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Yes.

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Okay, as I mentioned, I will be presenting 1441 West Tioga Street.

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This is a very straightforward project in that we are requesting the legalization of a third unit.

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During my presentation, I will go through the refusal.

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We do have a letter of support from the RCO that we met with on April 18th.

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It is a unanimous letter of support.

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I'll also go through the floor plans, photos of the property, as well as photos of the posting and interior.

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