civus
Hearing video

ZBA Hearing - November 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 1, 20234h 52m

accuracy i do have you emailed in all the required documents that is needed to proceed

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with this case five days in advance of this hearing i emailed them just shy of the five day mark

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understood please proceed to share your screen thank you we're here today um to request a

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variance let me share my screen one second you request a variance of the property located at

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2300 south 23rd street this is a corner property um i have the exhibits here

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the property is currently zoned as a single family home i'm going to go through the history

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of the zoning on this property it was actually a two-family home with a variance from 1985

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up until my client mistakenly rezoned it as a single family property

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um if i bring you down to the zoning history here where you can see it was a two-family home

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through um from 85 until currently she had a problem with the retaining wall in the back and

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had to do some repairs and when she went down to try to figure out what was going on she was told

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that, or she understood that she had to change it back to a single family home. And so that's

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what she did. And that was a mistake. It was supposed to just stay a two family home. The

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the property, I will just show you a couple of photographs real quick.

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there's no construction proposed and there haven't been any changes

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structurally or anything since it was the two family in 85 we have the front entrance here and

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then there's another entrance on the side street we did notify the community of the meeting and we

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We met with the West Pass Young Neighbors Association on September 11th.

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They submitted a letter in support of the variants to just legalize the use back to

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the two-family home that it was.

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We have copies of the notice to the community here and proof of mailing.

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And then this is the letter of support from the community meeting.

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I also have to submit proof of ownership, which is here, the deed.

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And then the final exhibit is the tax clearance for the owner here.

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Thank you, counsel.

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Could you bring your client on and have your testimony adopted?

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Yes.

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Fung, if you can raise your hand on the Zoom so that you can speak.

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Ms. Soller, what is the name of your client?

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Fung, P-H-U-O-N-G, Fung Tang.

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Fung Tang, can you please raise your virtual hand?

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Chair, I see his name, but he's not raising his hand.

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There it is.

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He just put it up.

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Okay, thank you.

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Hi, Fung.

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Yes, hi. Good morning.

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Yes, hi.

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Good morning.

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

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

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Yes, I am Phuong Tang. My first name is P-H-U-O-N-G. My last name is T-A-N-G.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Proceed, counsel.

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Thank you. Hi, Phuong. Did you hear my testimony today?

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Yes.

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Yes. And is it true and correct? And do you adopt it as your own testimony?

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Yes. Thank you. Thank you. Questions from the board?

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No, Mr. Chair. No, Chair. 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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Chair, we have Belinda Doty with their hand up. They have been unmuted and allowed to speak.

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Hey, good morning. Could you state your name and spell for the court stenographer?

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Yes. Belinda, B-E-L-I-N-D-A. Dally, D-O-U-G-H-T-Y.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Are you a neighbor?

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Miss Dowdy are you a neighbor

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are you a neighbor

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no

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I'm sorry

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he has all two devices

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which is causing feedback

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what were you going to say Hillary

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yeah Mr. Chair

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Miss Dowdy is the owner applicant

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in case number 12

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1143 West Somerset Street

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yeah we already dismissed we dismissed that case mr chair what's that because no one we

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dismissed that case because no one appeared and it was the third listing and no exhibits all right

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yes the case has been dismissed thank you is there anyone else in the virtual audience

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relative to this case on 23rd street here i see no hands at this time planning commission

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Thank you, Chair Bergman and board members. Good morning. David Effecto with the City Planning Commission. The comprehensive plan recommends no change to the residential single-family zoning at this location. The appellant seeks to legalize a two-family dwelling. The City Planning Commission recommends that the board grant the proposed use variance for two dwelling units.

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Thank you. MI 2023-002-206-2300 South 23rd 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.

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Number 11, MI 2023, 002-113, 301 East Westmoreland Street.

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Joseph Biccaro is the attorney.

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There's a letter of support from the 7th Ward RCO with provisos.

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Okay.

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Mr. Vaccaro is coming back in as a panelist now, Chair.

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Good morning. How are you?

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Good morning, Counsel. Could you state your name and spell, please, for the court stenographer?

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Good morning. May it please the board. My name is Joseph Vaccaro, V-A-C-C-A-R-O, attorney for the applicant, Eduardo Fernandez.

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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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What's your client's relationship to the property, sir?

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He is the tenant.

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

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Thank you.

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Good morning. Good morning, Counselor. Do you agree to waive the reading of the refusal and stipulate to a bankruptcy?

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Yes, I do.

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Have you emailed in all the required documents?

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Yes, I did.

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All right. Thank you. Please proceed and share your screen.

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Sure. Thank you very much. And just let the record reflect here that Mr. Fernandez is on, he is in on this conference.

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However, since he does not speak English, I would ask that the board adopt my presentation as if it were his testimony.

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Okay, can you see my packet of documents?

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We do.

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Okay, I'll just start from the top.

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This is an application, although this was an application for the sit-in restaurant and

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the retail sale of foods and beverages and groceries on the same lot with all other uses.

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Sale of foods and beverages and groceries on the same lot with all other uses as previously approved.

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is

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Following up on the meeting with the Seventh Ward RCO, as the board had mentioned, the provisos, this would be an application or construed as an application for a grocery store selling cold sandwiches and coffee with no hot foods and certainly not the sit-in restaurant.

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We have the refusal. We have the commercial lease identifying Eduardo Fernandez as the tenant. The lease is from October 26, 2022, and it would expire October 31, 2027 with a one-year renewal period and subsequent renewal periods.

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The hours of the store would be from 7 a.m. to 10 p.m. from Mondays through Saturdays with reduced hours on Sunday from 7 a.m. to 3 p.m.

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It would be a two-mile grocery store. I'm scrolling down past the lease so I could get to the photographs and to the rendition.

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Here we have the letter of support from the 7th Ward RCO.

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As I had described earlier, as to what the neighbors would support, here's the notification of the RCO meeting with the proof of mailing.

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And here's the rendition showing this is the view of the proposed store on B Street, and this is the view on Westmoreland Street.

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Corner, corner lot, corner property. Nobody can live there. The contours and its structure do not permit RSA 5 single-family residents at that location.

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Rendition shows where the entrance would be for the customers. And here's a rendition of the inside of the store, if I could zoom in.

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You have a kitchen area in the back, freezers area with a storeroom, accessible bathroom, deli case, two aisles with shelves with the counter area.

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Again, customers would be coming in from the corner where I'm pointing my cursor.

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Scrolling further down to support our position that this lot is not conducive to single-family living, here's a photograph of the poster for today's hearing.

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Again, additional photographs of the posters for today's hearing with the main entrance.

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Here's a side entrance.

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and they're trying to clean this up and make it look like a store that could be an asset to the

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community. Task clearance certificate for my client. And look through the neighborhood.

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The Google Maps would show that at the intersection of Kip and Westmoreland,

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And Google Maps would show another store of the type that my client is applying for, but it's Mr. Fernandez informs us that that store has been closed, that spot is closed.

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So there's no active store a block away at the intersection of Kip and Westmoreland.

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The next nearest store from this location would be at Bee End, Ontario, and there are also no stores a block going down toward Allegheny.

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So, in a neighborhood that's in need of grocery stores and additional food options for the residents, this location would be of great benefit to the neighbors.

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Any questions?

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Could you confirm that you briefed your client on all aspects of this case?

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Yes, I did.

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Okay.

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And he's also confirmed me as to what's going on at Kip and Westmoreland, the empty store.

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Questions from the board?

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No, Mr. Chairman.

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Ish?

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I thought I was off mute.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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um mr chair i would just ask the um board to hold the vote on this for a week because i need to

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forward to hold the vote on this for a week because i need to because the sit-down restaurant

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because

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use is being taken out but i don't know if there should be like a prepared food shop or takeout

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restaurant use a principal use as well or if that is just going to be accessory to the grocery store

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use so i i would just need to get clarification on that from the applicant and ellen i i think

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before we vote on that so we can be clear as to what we're voting on sure okay questions or

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comments from the virtual audience. Chair, we have Sloan Folks with his hand up.

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They have been unmuted and allowed to speak. Good morning, Mr. Folks. Good morning, Chairman

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Bergman, ZBA Board. My name is Sloan Folks, S-L-O-A-N-E, F-S-N-F-I-E-R-O-L-K-S,

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Office of Council Member, representing the Office of Council Member Katia Lozada.

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

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I do.

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Please proceed, sir.

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So I was just going to, our office did supply a letter of non-opposition, but it was based on the community stipulations regarding accessory restaurant.

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Your solicitor, Hilary Emerson, already spoke to our issues, so I don't have anything else to add.

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Thank you so much for taking the time.

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Thank you very much.

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Is there anyone else in the virtual audience that has a comment?

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Chair, we have Norman Wooten.

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They have been unmuted and allowed to speak.

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Good morning, sir.

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Could you state your name and spell it for the court stenographer?

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Mr. Wooten, please unmute yourself.

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my name is norman n-o-r-m-a-n uh wooten w-o-o-t-e-n do you swear or affirm to tell the truth the

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whole truth and nothing but the truth i do are you a neighbor sir uh no i'm not but i'm for i'm here

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for another case but i'm familiar with the area and i just wanted to know uh the it's a school

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across the street from it uh um what is it stetson and i want to know uh why that wasn't

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mentioned or you know is that going to be a problem or anything like that but then again

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you did say he was going to hold off on the vote so i just want to put that in the record all right

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thank you thank you for taking on time to call us and we appreciate your comment anyone else in the

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virtual audience here i see no other hands at this time planning commission do you want to

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vote now or do you want to wait till we'll go ahead and put it on the record and thank you

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sure thank you uh so chairman and board members david effecto city planning commission the

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comprehensive plan recommends a change in zoning at this location from residential single family

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to commercial mixed use the proposed zoning would allow the proposed activity by right

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the city planning commission recommends the board grant their proposed use variances for

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retail sales and multiple uses on the lot. Thank you. Thank you. Council, we're going to

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hold this vote. If we can have the answer by next Wednesday, we will vote at 930 a.m.

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Okay. Thank you. Thank you. All right.

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Number 13, MI 2023, 000460, 1515 Morris Street.

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Nicholas George is the attorney.

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There was a meeting on 5-22-23 by the Point Breeze Community Development Coalition.

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At this point, we have not seen the letter.

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The applicant provided a petition in support.

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from 26 neighbors.

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Chair, Nicholas George is coming back in as a panelist.

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The petition did not list the property address for the proposed project.

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Good morning, Mr. George.

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Good morning, Chairman.

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Hi.

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

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Yes, Your Honor.

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It's Nicholas George, N-I-C-H-O-L-A-S.

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last name george g-e-o-r-g-e i'm also here uh here keith we'll just lean in so they can see it

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uh my name good morning my name is keith well when you testify we'll get to you okay sir but thank

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you um mr george do you swear or affirm to tell the truth told you nothing but the truth

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uh yes and you could you just uh tell us who your who your client is and the relationship

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to this property yes my client is keith lamb he is the owner of 1515 morris street okay and our

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Okay. And our vice chair has a few questions, sir.

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vice chair has a few questions sir good morning

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Good morning, counsel.

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