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Hearing video

ZBA Hearing - January 26, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 26, 20223h 58m

board, Sean Ward, on behalf of the applicant. Sean, spell your name for the court reporter to

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be sure. Yes, sir. S-H-A-W-N, last name Ward, W-A-R-D, office address 331, East Street Road,

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Trevos, PA-19053. Thank you. Our vice chair has a few questions. Hi, Mr. Ward. Do you agree to

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wait the reading of the refusal and stipulate to its accuracy? Yes, I do. Based on our notes,

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it appears that you have submitted all the required documents yes i have and that includes

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the rco letter okay you may proceed thank you very much you're quite welcome

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okay confirming that everybody can see my screen yes uh mr chairman i've submitted my typical

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exhibit packet for Knight's Properties LLC, which is the owner, as well as Global CDL School,

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which is the operator at the subject property, 8501 Hagerman Street. A1 is our notice of refusal.

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This is an application for a permit to erect a detached structure for use as educational

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facility. It's a CDL driver training school with accessory offices and the expansion of an existing

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commercial vehicle repair use. Resulted in one refusal. Ironically, the educational facility

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is not permitted in the I-2 district, and so we seek a use variance for that use today.

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A-2 is the ZBA application. A-3, the project information form. A-4, proof of ownership. A-5,

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proof of tax clearance. A-6 is a site plan. A-7, floor plan. A-8 are photographs of the subject,

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aerial views and street views. A9 is the RCO letter of support from Upper Holmesburg.

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A10 is the relevant zoning history. It was a trucking terminal zoned in 2009.

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2015, we obtained a use permit for commercial vehicle repair. Again, 2016, permit for the

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erection of a vehicle repair garage. And 2016, a permit for the installation of an underground

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storage tank accessory to the truck terminal and vehicle repair. A11 is the zoning map and A12 is

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the aerial photograph. In short, the CDL school offers class A and B courses, which include

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introductory courses, which involve classroom and video training. That's why we seek a classroom at

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the site. They offer between 25 and 50 hours of one-on-one behind-the-wheel training. The proposed

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The first school itself is 2,000 square feet in size, which comprises 0.0045% of the total site and includes a 670 square foot classroom, study carols, and a student breakfast, lunch, study lounge.

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So very quickly, we have our refusal, our application of appeal.

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we have our piff my transmittal letter to the board copy of the deed nice properties is the

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owner and the property is 8501 heggerman street proof of tax clearance through 2021 2022 not

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being due yet here is a site plan the property is bounded by blakehenson street to the south

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Hegerman Street to the west, board is another property to the north and I-95 and the railroad

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would be to the east. The building in question is approximately 13,000 square feet, 3,300 feet of

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which is a truck repair garage adjacent or next to the existing truck repair garage.

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the existing truck repair garage the cdl school is located in the middle

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The CDL school is located in the middle.

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2 000 square feet and then we have some accessory offices for the ongoing businesses at the site

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with regard to the classroom itself or the building it would be four bay truck repair

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garage to the left the office space to the right and then in the center

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you have the classroom the classroom itself 670 square feet for 23 persons we have some study

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carols including a handicap accessible one and then we have the student lounge where they can

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study rest we have a small breakfast kitchenette proposed with a refrigerator sink and so they can

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have lunch, and we have two laboratories. The site, as you can see, is a large industrial

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complex located between the railroad tracks and Hagerman Street, Lake Houston Street to the south.

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Again, an overhead aerial view. This is the existing garage, another block building used

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for storage. The proposed structure would go in between those two buildings.

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And then you have, you know, a view of the entry from Hagerman Street,

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a view looking down Hagerman Street to the left and Blankiston Street to the right.

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This is the letter of support from

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Upper Homsburg. As you can see, it was 26 in favor, one opposed.

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by the way we did we do have a proposed community benefits agreement pending the decision of the

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board if the board is of the mind to grant the variance the applicant and upper homesburg would

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enter into that agreement and then we have our zoning history as previously mentioned

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copy of the zoning map as you can see it's located in an i2 industrial district

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And then one final photograph showing it's below the Academy Road interchange on 95 along Tarsdale, coming down Tarsdale Avenue.

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So that is basically the sum and substance of the application.

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I asked my applicant, Karj Singh Sandhu, to raise his hand as well as our architect, John Teets, in case the board has any questions regarding the plans.

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but I believe Mr. Kharj could verify and adopt my testimony.

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Could you state your name and spell, please, for the court reporter?

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Yes. My name is Kharj Singh Sandhu, K-A-R-J.

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My name is Singh, S-I-N-G-H, and last name Sandhu, S-A-N-D-H-U.

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do you swear or affirm to tell the truth the whole truth and nothing but the truth sir

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yes proceed thank you cards you've heard my representations to the board today

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yes are they true and correct to the best of your knowledge information and belief

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yes and do you adopt them as your own testimony yes thank you questions from the virtual audience

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i'm sorry questions from the board no mr no mr chairman no no mr chairman questions from the

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virtual audience i see no handshare planning commission thank you mr chairman members of

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the board david facto city planning commission the comprehensive plan recommends no change to

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the medium industrial zoning at this location we'll note for the board the educational facilities

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typically refer to elementary, primary, and high schools, which for obvious reasons don't belong

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in areas with large trucks loading or unloading products. However, a commercial driving school

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which trains students to drive large trucks that are used to serve industrial facilities

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is compatible with the intent of the industrial two zoning district. And so the city planning

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commission recommends the board grant the use variants for the truck driving school.

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Thank you. MI-2021-002575-8501 Hegerman Street, I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Mr. Ward.

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Thank you very much.

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Is there any...

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Madam vice chair, I believe Mr. Bergman fell out.

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Okay.

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And I think that completes the two o'clock hearing.

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So, we'll take a five-minute break.

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So we'll take a five minute break.

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Carol, can you hear me?

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Okay.

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Can you hear me?

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Yes.

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Bill, do you want to come back?

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Everybody will come back.

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No, we're good.

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We're good.

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No, I don't think there's anybody waiting.

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We're fine.

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We'll come back at 3.30.

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Okay.

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But could we ask the question just to ensure?

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i thought i asked it but i guess i is there anybody waiting or anyone waiting

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from the two o'clock meeting

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i see no hands chair thank you see everybody at 3 30. thank you chair thank you

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Thank you.

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ready to go tanya yes sir we're all ready good afternoon my name is bill bergman and i will be

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chairing this eba hearing this afternoon with me is carol tenary our vice chair present

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ismail shaheed our board secretary here mr chair thomas hallman our board member

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present mr chairman and james snell our board member

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he's he's he's muted jim's muted okay also what this is our board administrator tanya sunk it

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and our board

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okay okay before we begin let me go over our virtual format be advised the proceedings are

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being recorded by participating you acknowledge your agreement to be recorded

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A video will be available by contacting our Board Administrator, Tanya Sunkett, at tanyasunkett.phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before they testify.

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Three, if you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548. Leave your email and the address of

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the property you have in question. And lastly, please note the question answer box on the screen

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is not for comments. If you have any comments at all, please contact Tanya Sunk at our board

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administrator. Is there anyone in the virtual audience that has a continuance today or wants

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to request a continuance? Chair, we have Sloan folks. Okay. Sloan? Good afternoon, Chairman

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Bergman. Sloan folks. Yep. Office of Councilman Maria Cayona Sanchez, 7th District,

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508 city hall you have been sworn before sir yes sir i am uh on regarding the case regard

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two zero dash slain slain just slain start again you're slone you're breaking up

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I apologize.

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No, it's okay.

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Regarding case number MI2020-0032651224 Herbert Street, we are requesting a continuance and or dismissal of the case.

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This is the second time that the applicant has come before the ZBA board.

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They have not met with the RCO.

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We have not heard from the applicants at all.

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And we are in great anticipation of either meeting with the RCO or having the case dismissed.

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Well, that's the number two case.

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I will call that.

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And I will take everything you said just in the consideration when I call the case.

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Thank you, sir.

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Thank you very much.

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Any other requests for continuances?

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Chair, we have Lamont Rodgers.

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Sure. I'm going to have to promote them to panelists. It's not giving me

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Sure.

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I'm going to have to promote him to panelists.

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It's not giving me another option.

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another option. Okay. Thank you.

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Hi, Mr. Rogers. State your name and spell it for the court reporter, please.

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Please unmute yourself, sir.

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My name is Lamont Rogers. L-A-M-O-N-T

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R-O-G-E-R-S

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Thank you. Do you swear or firm 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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You have a case

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on 2200 North

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58th Street, sir? Yes.

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What would you like to tell us?

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I purchased

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the property. No, no, sir,

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sir. This is for, do you want to

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continue your case?

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I want to have it today.

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I'm sorry.

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When I get to you, we're going to call the list.

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Okay, I'm sorry.

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No, no, no, you don't have to be sorry.

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You're number three.

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So after we go through some add-ons, I'll get to you.

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Chair, could we, if you don't mind, this is Tanya the administrator.

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Can we dismiss this a little more?

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Because we don't have exhibits.

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Okay, then we have to dismiss it.

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Yeah, we're going to do, yes, right.

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So.

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Sure, sure.

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I mean, but I called.

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I'll just tell him that we're dismissing.

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that's okay right carol do you want to do the adwin please okay i will do the adwin excuse me

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here we have one more hand up with the galaxy okay

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um i'm george gordon could you state your name and spell for the court reporter george g-e-o-r-g-e

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gordon g-o-r-d-o-n right you swear a firm to tell the truth the whole truth and nothing but

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the truth i do proceed sir this is for continuances tell me if you have a continue

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oh i'm sorry i'm not no i'm sorry i i came on too late to understand that okay continuance

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all right thank you sir mr chair i think i need uh mr snell

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Jim, are you...

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That's right.

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Jim, unmute yourself, please.

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I'm sorry, Bill.

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You froze up.

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You're good.

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Okay, Jim.

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Okay, the add-on.

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Calendar number MI-2021-003342-5028-34,

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Frankfurt Avenue.

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This appeal was last heard on December 22nd

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and held for receipt of an RCO letter and a written response from the applicant's attorney.

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We have received a letter from Frankford Neighborhood Advisor Committee

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stating non-opposition to the proposed takeout restaurant

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with a requested proviso requiring that a traffic study be completed

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two years after the establishment opens.

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We have also received a letter from applicant's attorney saying, in quotes,

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the applicant does not believe that a traffic study is necessary because the Philadelphia

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Streets Department has already reviewed the application and determined no need for one.

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On this case, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thank you very much. Thank you. We're now going to go to add on number two that we have.

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