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Hearing video

ZBA Hearing - July 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 17, 20247h 49m

combined the entire third floor into one unit and then keep the two units on the second floor.

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So we came back to the RCO and I presented that plan and ultimately we got their full support

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on this project. So now what we have is a currently it's a four unit building as you can

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see on the existing condition plans. But what we've proposed and what the RCO was on board with

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was this third floor turned into a two-bedroom unit and the second floor remaining two one-bedroom

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units. As I mentioned, the second floor is currently empty. My clients have done significant

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cosmetic work on those units. And let me find those pictures. That's the third floor that

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they'll be renovating find the second floor photos the second floor as I said

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has been renovated and once we get these hopeful approvals today they'll be

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they'll be getting the rental licenses and moving folks in to these renovated

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units and then once the third floor is vacant they'll do the they'll submit

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their plans for the construction which we've already got the zoning level set

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that we showed you and combine the units and then get it inspected and rent them out.

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As you can see, the work they've done, cosmetic work they've done on the second floor is nice.

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The RCO, the current tenants had no concerns or issues with my clients. As landlords,

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there's no complaints against them in that regard. They're trying to legalize everything

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and get all the proper licensure and so we asked this board to grant the approval for three units

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not four as we originally applied for and to keep the existing approved restaurant on the first floor

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and i've also submitted in my packet all the other required information and here's my clients did

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pull a two-unit rental license during this process as as a way to occupy those two spaces

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during the renovations that they're going to be doing on the third floor.

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So there is a two-unit license, and they're seeking approval for the third.

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That concludes my testimony.

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I'll call Peter Sarianos, if he's available, to adopt my testimony.

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Sir Sarianos.

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Peter has been allowed to speak.

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Good morning, sir.

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

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Peter G. Sarianos.

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P-E-T-E-R

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Sarianos. S-A-R-I-A-N-O-S.

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A-R-I-A-N-O-S.

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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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You swear or affirm to tell the truth, the whole truth, and nothing.

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Yes, sir.

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Please proceed, counsel.

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Good morning, Peter.

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Did you hear my testimony just now regarding your property at 127 West Allegheny Avenue?

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Yes.

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Do you agree with what I said, and do you adopt it as your own?

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Yes.

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Thank you, Peter.

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Nothing further.

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Questions from the board.

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Thank you.

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what questions or comments from our attorney hillary emerson

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none at this time mr chair questions or comments from the virtual audience

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i see no hands chair planning commission

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john lavicar planning commission the comprehensive plan recommends changing the zoning at this site

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from CMX 2 to CMX 2.5.

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There is also a history of multifamily housing

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in this structure.

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Therefore, PCPC recommends granting the variance.

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Thank you.

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MI 2023, 005-589-127, West Allegheny Avenue.

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I vote yes, proviso, maximum three dwelling units.

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Michael Johns, I vote yes with proviso.

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Cheryl Graham I vote yes with proviso. Cheryl Gaston I vote yes with proviso.

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Iowa and I vote yes with proviso. Thank you board. Thank you. Number 15 MI 2024

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000956 1351 to 59 Frankfurt Avenue. Adam Laver is the attorney. There's a letter of support from

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Fishtown Neighbors Association, which was the coordinating RCO, and a letter of support

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from Fishtown Kensington Aerial Business Improvement District.

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Adam Laver is coming in as a panelist.

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Good morning, Mr. Laver.

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We see Mr. Laver?

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Yes, I'm sorry.

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Mr. Laver, please accept the promotion to be a panelist.

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It seems that you declined it.

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The second time was the charm.

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Good morning, Mr. Chairman and members of the board.

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Mr. Laver, could you state your name as spelled for the sonographer?

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Yes, sir.

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Adam Lever, L.A., V.A.S. and Victor, E.R., Blank Rome, 1 Logan Square, on behalf of 1359

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Frankfurt Associates, L.P., the owner of the subject property.

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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, Mr. Chairman, I do.

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All right.

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Vice Chair has a few questions, sir.

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Thank you.

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Good morning, Vice Chairman Shahid.

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This is a referral.

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All of your documents sent in on time, Mr. Laver?

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Yes, we would stipulate to the accuracy of the referral, and I can confirm that all documents were submitted five days in advance of this hearing to board counsel.

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Why don't you proceed, sir?

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Thank you, Mr. Chairman.

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I'll share your screen.

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Mr. Chairman and members of the board, as stated, Blank Rome represents 1359 Frankfort Associates LP, which owns 1351-59 Frankfort Avenue.

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This is a property that runs from Frankfort Avenue through to Crease Street, as you can see in the aerial.

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The ownership team does business as the Fishtown Collective and includes Roland Cassis and Jason Nussbaum.

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Tom Hallinan is present on behalf of the ownership.

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Some board members may recall that we appeared before this board just a few months ago to obtain approvals for two out of three ground floor commercial spaces along Frankfort Avenue.

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The recent approvals approved by this board were for a Shake Shack and a Sweet Grint.

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This is a current site photograph off of Frankfurt Avenue.

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You can see that the site is complete in construction.

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The present application concerns the fit-out for the last available commercial space, the third commercial space.

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concerns the fit-out for the last available commercial space, the third commercial space

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which has not yet been rented until now with your blessing, we hope.

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This site was previously approved for 61 apartments with the three retail spaces that

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I've mentioned. The zoning is CMX2 and it's subject to the neighborhood commercial overlay

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District, North Delaware Avenue. It is this overlay that generates the group medical use

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referral before the board, and you can see the referral on the screen right now.

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What we are proposing to the far right bottom of the screen is the fit out of the last remaining

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commercial ground floor tenant space for the dermatology specialists. This is a 2,000 square

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square foot approximate tenant space. And the dermatology specialist is an established known

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dermatological practice that employs local dermatologists in locations in many areas,

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for example, New York City, for one. We're expecting approximately three dermatologists

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to practice at this location with six exam rooms. The project, as Chairman Bergman mentioned,

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is supported by the coordinating RCO, the Fishtown Neighbors Association, as well as the other RCO,

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the Fishtown Kensington Area Business Improvement District. And in the support garnered by both of

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these entities, convenience of a neighborhood practice is noted, the importance of promoting

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activity along Fishtown's main commercial corridor is noted. The attractiveness of having

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an office that's open from 7 a.m. to 7 p.m. has been noted. Also, a wider range of insurance

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accepted, which is relevant to Philadelphians of all backgrounds. And I think quite relevant for

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the criteria before you is that most commercial tenants along Frankfurt Avenue are geared towards

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food and beverage and nighttime focus while this particular use would create daytime activity

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much needed here you can see outlined in blue the location of the proposed business just next to the

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residential entrance and adjacent to the other uses that this board has recently approved those

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shake shack and sweet green uses. The proposal fits into the surrounding neighborhood as evidenced

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by the neighborhood support, and this speaks to the granting of relief being of benefit

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to the public and within the spirit of the zoning code. Mr. Hallinan is present and

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available to raise his virtual hand and adopt testimony should the board chair wish.

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Please, please bring him on.

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Thank you. Mr. Hallinan?

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Tom Hallinan has been allowed to speak.

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

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Good morning, Chair of the Board. My name is Tom Hallinan, T-O-M-H-A-L-L-I-N-A-N.

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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, counsel.

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Thank you. Good morning, Mr. Hallinan.

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Have you been present during the entirety of the virtual hearing before the City of Philadelphia's owning Board of Adjustment this morning?

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Yes.

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Thank you.

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And would you adopt and affirm the testimony that I've offered as your own?

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Yes.

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Thank you.

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Questions from the board?

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I have no questions.

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Questions or comments from our attorney?

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I do.

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Sure.

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Sorry.

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Hold it.

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Question.

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What about parking?

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Is there parking already provided for the other spaces or for the development itself?

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No, no, Ms. Gaston, there is not. And the development has been set up in such a way to allow in partnership with PPA for loading zones and good management to the best of our ability in the context, of course, of what we understand to be a busy commercial thoroughfare.

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But no, to directly answer your question, there is not off-street parking available.

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okay thank you yeah the questions any other questions from the board

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questions for our attorney hillary emerson

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not at this time mr questions from the virtual audience yes chair i have a hand up by the name

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of robert everett he has been allowed to speak good morning mr everett could you please state

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

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your name and spell for the stenographer.

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Yes.

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Yes, good morning, everyone. First name is Robert. Last name is Everett, E-V-E-R-E-T-T.

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Swear or affirm to tell the truth, the whole truth, and nothing about the truth, Mr. Everett.

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Yes, I do.

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Please proceed, sir.

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As you know, I'm a member of the zoning committee for FNA, just here to agree with Mr. Labor's testimony.

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And regarding parking, it's all about a block and a half from a major L stop at front at Girard.

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So while people in the neighborhood always worry about it, it was felt that it won't be an issue, as there are some lots in the area that can be used by the clients and the loading zone.

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Thank you, Mr. Everett, for taking the time to close.

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We appreciate your comments.

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Is there anyone else in the virtual audience?

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I see no hints at this time, Chair.

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Planning Commission.

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John Lovacar, Planning Commission.

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The comprehensive plan recommends no change to the CMX2 zoning in this location.

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The recommended special exception would not cause adverse impacts and is appropriate for the community.

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Therefore, PCPC expresses no objection to the proposal.

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Thank you. MI 2024, 000956, 1351-59 Frankfurt Avenue. I vote yes.

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Michael Johns, my vote is yes. Ishmael Shahid, my vote is yes.

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Tanetta Graham, my vote is yes.

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Taya Wendt, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Number 16, MI 2024-001036, 5813 Lansdale Avenue, letter of unanimous support from Overbrook West Neighbors Incorporated.

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Mr. Vern Anastasio is the attorney.

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Vern Anastasio is coming back in.

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Thank you, counsel.

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Vern Anastasio is coming back in as a panelist.

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Thank you.

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Good morning, Mr. Chair.

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Good morning, Mr. Anastasio.

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You've already been sworn.

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Could you just state your name and then identify your client in relationship to this property?

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Yes, sir.

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Vern Anastasio.

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On behalf of Mr. Ahmed Watson, the owner of the subject property.

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Our Vice Chair has a few questions, sir.

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Thank you.

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yeah my mute button is not working can you hear me now we'll hear you sir all right good morning

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counselor do you agree to waive the reading of the refusal or stipulate to his accuracy

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yes sir have you emailed in all the required documents and exhibits that is needed to

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proceed with this case five days in advance of this hearing yes i have thank you counsel

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So please proceed and share your screen, and I apologize for my communication this morning.

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All right.

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Okay, Mr. Chair, I'm submitting a 96-page exhibit binder today.

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It will include floor plans of property, RCO notification, and proof of mailing.

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In addition, as you said, unanimous support from this particular RCO, which is pretty hard to come by.

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