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Hearing video

ZBA Hearing - May 29, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 29, 20244h 53m

Tony's in. Please unmute yourself.

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Good morning. It seems they may be experiencing technical difficulties.

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Right. Counsel, you're an officer of the court. We'll

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gladly accept your testimony questions from questions from the board no mr chairman no chair

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um hillary you you have a few issues with this am i correct

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uh no this this one is fine mr chair thank you we don't have to list the uses or anything

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oh so well we did not yeah i was gonna yeah so i was gonna say we did not receive a list

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of uses that the RCO and the applicant apparently agreed to.

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So as it is, it's still permitting all of the CMX-3 uses.

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So if the parties agreed to limit the uses, we would need a list of those uses

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and incorporate them so that we can incorporate them into a proviso

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to clarify what is approved.

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So when we had the meeting with the RCO, the discussion was that my owner, my client would meet with the RCO to work out a list of uses on their own.

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They never actually followed up and provided a list that they are against.

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But, you know, we're certainly, my understanding is mostly restrictions for something like a bar.

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But I'm not sure how the board would want to handle that.

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But we're happy to work with whatever the board feels is best in this case.

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So, Hillary, we would prefer to have a list and then vote on it?

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The board can do it that way if they would like.

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I mean, the RCO said the board was based on an agreement.

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But Mr. Zinn is saying that there was not an agreement reached.

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So, I mean, we could give them an additional time if we wish.

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Mr. Jen, I did tell the board earlier that it would be better from an enforcement perspective to have the list of approved uses as opposed to a list of uses that they did not wish to see.

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But I don't know what you think the possibility is of trying to work through something like that, you know, within the next week or so.

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the next week or so?

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So my understanding when we met with the RCOs,

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So my understanding when we met with the RCO

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is that they have a short list of specific uses

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they really would prefer not to have.

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Because CMX3 as a general use format,

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they're okay with most of the uses.

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So I think if we were to reach out to them and get a list,

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it would be a list of uses they don't prefer.

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It'll be hard to list every single use that we could have

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because it would be quite a long list.

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Understood. Understood. Yes. And then in that sense, it may make sense to do the reverse and say approved uses except for.

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Right. So so what we'll do is let's let's work through. Let's see who's in the virtual audience.

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Let's see where the planning commission is or or where they want to vote. And then we'll hold a vote.

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And could we what do you think? Two weeks in? Yes. Two weeks should be sufficient.

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Two weeks. We'll come back in two weeks. Okay, so questions or comments from the virtual audience?

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I see no hands.

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Planning Commission, David, do you want to vote or do you want to hold it?

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Yes, sir. We'd like to put our recommendation on the record, please.

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Please, please proceed.

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Thank you, sir. Good morning, David Effecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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However, the proposed two-story commercial building is consistent with the adjacent properties as well as others in the area along this corridor, and the development is consistent with the comprehensive plan's goal to support the viable commercial nodes on both Castor and Busselton Avenues.

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However, the request for uses allowed in CMX 3 would be unusual and out of character for this area and incompatible with surrounding single-family uses and zoning.

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So the City Planning Commission recommends that the Board grant the proposed use variants for a detached structure with seven tenant spaces and accessory parking lot, but limit the uses to those allowed in CMX 1 and CMX 2.

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Thank you, David.

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it. We're going to hold this for two weeks. We will vote on this on that Wednesday, two weeks

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from now at 9.30 a.m. Thank you. That'll be June 12th, Mr. Chair, and the record will be closed

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except for information from the RCO and the applicant regarding agreed upon uses that

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um will not go into the spaces thank you counsel thank you thank you so number 11

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mi 2024 000160 5800 cobs creek parkway mary costello is the attorney um

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council person got the a supports the application at 5800 cobs creek

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and recommends approval this is a city library mary costello

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mary costello is coming back in as a panelist

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good morning good morning council good morning members of the board

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

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My name is Mary Costello, M-A-R-Y-C-O-S-T-E-L-L-O.

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

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I do.

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And just for the record, could you please state your client?

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So my client is the city of Philadelphia who owns the property at the Blanchet-Nixon Crops Creek Library and then the real project.

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okay our vice chair has just a few questions for you sure good morning council do you agree

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to waive the written of the refusal or stipulate to its accuracy i do have you emailed in all the

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

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advance of this hearing? I have. Thank you, counsel. Please proceed and share your screen.

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Members of the board, what you're looking at right now is the front of the Blanche A. Nixon

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Cobb's Creek Library. Our proposal would be to erect a small area of eight-foot fencing.

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You can see from this second view on the plans here, this is the area, these are the two areas of the property outlined in red where that fencing would be.

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And the fencing would be surrounding a shed at this portion of the property and HVAC equipment at this portion of the property.

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I also have renderings here so that you can see a different view.

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This is a rendering of what the project will look like once the renovations have been completed.

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this is a rendering of what the project will look like once the renovations have been completed and

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you can see to the right here this is where the shed would be and this is where the fence

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would be erected around that shed and then in the next view of the property this is the back

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of the cobs creek library you actually cannot see the fence itself it is behind this tree that is

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going that will remain on the property so it won't be as easily seen um in this view you can

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see sort of in the bottom corner this is what the project looked like before it started um this is

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the north facade of the property this is where the i believe the shed would be um and you can

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see that the construction has already started in that area but essentially if i can bring you back

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to the original plans this this is where the where that small fence um would be and the erection of

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the eight foot fence as part of this project the primary primary purpose is safety um we need this

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we're hoping that this property before the renovations began was used by the public we're

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hoping that use will only increase on once these renovations have completed and we would like to

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be able to protect the HVAC equipment, and we would like to be able to have fencing around the

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shed area so that that fence, which contains equipment that we wouldn't want the public

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to access either, would be protected as well. And we, I do have Troy Hannigan here, and I'd like to

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call Troy Hannigan to adopt my testimony. Sure. Mr. Hannigan.

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troy hannigan if you're in our audience please raise your virtual hand

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they have been allowed to speak good morning could you please state your name is spelled

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for the court stenographer yes good morning my name is troy hannigan t-r-o-y h-a-n-n-i-g-a-n

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you swear or affirm to tell the truth the whole truth is nothing but the truth

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i do please proceed counsel troy have you heard my testimony here today

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yes and do you adopt that testimony as your own yes thank you questions or comments from the board

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no chair no chair no mr chairman questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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i see no hands planning commission thank you chair bergman and good morning david effecto

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with the city planning commission chairman and board members the comprehensive plan recommends

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no change to the special purpose open space zoning at this location the city is proposing

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to build an eight foot tall fence at two locations on the property to protect utilities

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from being vandalized the remainder of the site will remain unfenced and open to the public

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So the City Planning Commission recommends that the board grant a proposed height variance for the proposed fences.

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Thank you. MI 2024-000-160-5800-Cobbs Creek Parkway, I vote 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 Shahid, my vote is yes.

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Thank you, counsel.

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Thank you, members of the board.

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Number 13, MI 2024, 000238, 5813 Rising Sun Avenue.

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Zen Jin is the attorney.

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There's a letter of unanimous non-opposition from the Long Crest community.

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Good morning, counsel.

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You've already been sworn.

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Can you just state your name for the record?

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Yes, my name is Zen Jin, Z-H-E-N.

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last name J-I-N. Right. And could you identify your client, the relationship to the property?

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Yes. My client is Ms. I may have to spell the name. It's hard to pronounce. The first name is

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T-H-Y-L-A-Y-C-H-H-O-R-N, last name Sack, T-H-A-C-H. Thank you. She's the owner.

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Thank you. Our vice chair has a few questions.

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

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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 five days in advance of this hearing?

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I did.

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Thank you, counsel. Please proceed and share your screen.

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Thank you. I'm going to share with the board the documents previously submitted in support of this application.

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I do want to make one quick correction.

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This is a referral, not a refusal, but we do stipulate to its accuracy.

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So this is an application for use of a location.

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This is an application for use of a location at 5313 Rising Sun Avenue, which is Zone CMX1.

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We are proposing a prepared food shop, essentially a smoothie shop at this location.

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My client has experience operating the smoothie shop in the past.

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They actually own a food truck that specializes in fresh fruit cups and fruit smoothies.

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And that's, in fact, what would be on the menu.

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The prepared food shop itself requires a special exception from the board. The special exception, we believe, would not cause an impact greater than what is commonly used of this type of use in the area. This is going to be actually a very limited prepared food shop because it is only for fresh fruit cups and smoothies.

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The property has a back area, along with other commercial properties in the area, a corridor behind these buildings that contains dumpsters, trash, delivery capabilities.

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So the delivery, the trash management, there are no fumes.

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This is just chopped up fruits and fruit smoothies.

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In fact, there's no hood or cooking on the premises.

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So it's a very limited impact in any in any form when it comes to a prepared food shop and was, again, very welcomed by the community.

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It's a healthy type of food. And again, they have a lot of experience managing fresh fruits and presenting it to the community in the form of both cups and smoothies.

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So we received very positive feedback at the meeting with people looking forward to having this space come and open for business.

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So that is essentially the application for the special exception.

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My client, unfortunately, just called me a few minutes ago with technical difficulties getting on Zoom.

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So I'm unable to have her verify my testimony at this point.

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As you know, as an officer of the court, we gladly accept your testimony.

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Questions from the board?

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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 see no hands.

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Planning Commission.

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Thank you, Chairman, and good morning.

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David Fecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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The appellant has shown that the proposed prepared food shop will have no detrimental impacts to the neighborhood beyond what might be expected.

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The City Planning Commission recommends that the board grant a proposed special exception for a prepared food shop.

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Thank you.

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MI 2024-000-238-5813 Rising Sun Avenue, I vote 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, counsel.

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Thank you.

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Have a good day.

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Good.

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Thank you.

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Number 14, MI 2024, 000255-6345 Lancaster Avenue.

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Meredith Ferliger is the attorney.

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There is a letter of opposition from Overbook Farms RCO.

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there was a meeting attended by 35 people seven people board members voted in opposition

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

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the court stenographer sure meredith ferliger f-e-r-l-e-g-e-r you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do could you identify your client the

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relationship to this property? Sure thing. My client is Yadva Realty, which is represented

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here today by Jib and Samuel. Okay, our vice chair has just a few questions.

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Good morning, counsel. Do you agree to waive the read and other refusal or stipulate to its accuracy?

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I do. I've emailed in all the required documents and exhibits that is needed and required to

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proceed with this case five days in advance of this hearing. I did, yes. Thank you, counsel.

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so please proceed. Thank you. Okay, good morning, Mr. Chairman, members of the board.

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The case before you today is both extraordinarily unusual and yet also terribly straightforward in

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terms of request. In light of the RCO's letter, I will walk the board through this application

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thoroughly so you can both gather the significant hardship facing this property,

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as well as the non-credible letter of opposition that was issued by the RCO.

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I thank the board in advance for your patience this morning

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and listening to the significant evidence that we will offer today.

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To summarize, this application seeks to legalize five dwelling units in an existing structure, which is a use that has a documented history dating all the way back to the 1950s.

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To summarize, this application seeks to legalize five dwelling units.

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The application before the board today concerns 6345 Lancaster Avenue in the city's Overbrook Farms neighborhood.

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Tax clearance is shown at Exhibit 2.

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At Exhibit 3, you'll see a copy of the deed showing that my client purchased this property

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on November 27, 2023 for $400,000. Proceeding with considerable diligence, my client submitted

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this instant application to L&I to legalize the five dwelling units less than one month

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after his purchase on December 21st, 2023. As you can see on the zoning map shown at Exhibit 5,

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the property sits on Lancaster Avenue between Sherwood Road and Woodbine Avenue and is zoned

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RSD 3. Looking first at some aerial shown at Exhibit 7, the board will begin to see the context

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of the area surrounding this property, which I will address specifically later in the presentation.

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