civus
Hearing video

ZBA Hearing - July 17, 2024

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

So let's see what we have here.

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Property is zoned for residential mixed multiple times one.

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We are proposing on the first floor a prepared food shop, basically a coffee shop, a cafe.

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It is prohibited in this district, and that's why we're here.

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As you can see, this is the main cafe area and the service counter.

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On the side, there are stairs to an apartment that's not within the scope of this project.

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We have the front of house with a few chairs, ADA compliant restroom, the back of house storage and additional storage, and a back of house restroom.

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Restroom. There's also trash storage on the side yard. And of course, there will be commercial trash pickup.

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There's interior layout of the entire building, the basement, the first floor plan, which I give you in detail, and the second and third floors that are not part of this proposal.

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for those who may not be familiar with lansdowne avenue

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We have traveling tracks down the center, and as you can see, it's residential and commercial, depending on what side of the street you're on.

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we have trolley tracks down the center and as you can see it's a residential

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There are also several boarded up and vacant properties and vacant lots at the moment.

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See, there's a restaurant there to the right.

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This is the interior of the property.

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There's the exterior proof of posting.

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additional interior. Upon reviewing these photos and the cosmetic renovations pursuant

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to the RCO meeting, the immediate neighbors were pretty impressed with the amount of

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effort and care that my client has put into this property. They're hoping that it will become a

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third space that's not anyone's home or house of worship, but another place where people can

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gather in the community and one that is desperately needed as you can see it's

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very well-appointed

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that's the upstairs that's the exterior again looking in the opposite direction

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That's the adjoining vacant lot.

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This is the RCO letter that was mailed to all interested parties.

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And, of course, notice of today's hearing.

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These are all the addresses that were mailed.

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For a total of 150 individual households were given notice.

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we have the poster and the proof of posting we have a long list of uh former uses as you can

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see it was a grocery and a video arcade uh then it was three video machines as they call it which

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i'm assuming was some sort of arcade with retail grocery and a single family above

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So there is long documented history of commercial use here.

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It was as far back as 1958, retail candy store.

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We're going to move all of that into evidence.

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there is the unanimous support by uh the rco in question not one vote of opposition not one vote

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of non-opposition and of course we have the deed and the proof of tax paid

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You know, because the project has unanimous support from the immediate community, because this portion of Lansdowne Avenue could desperately need some action, given the fact that there are several vacant lots and vacant properties on the block and our use is consistent with the commercial mixed use of the corridor.

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we respectfully request the granting of the variance, and I'd like to have Mr. Ahmed Watson

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raise his virtual hand, if he's in the audience. Ahmed Watson has been allowed to speak.

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

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Yes, my name is Ahmad Watson, A-H-M-A-D, last name W-A-T-S-O-N.

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

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Yes, I do. Please proceed, counsel.

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Thank you. Mr. Watson, did you hear my presentation before the board today about your coffee shop?

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Yes, I did.

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Is it true and accurate to the best of your knowledge?

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Yes.

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Do you adopt it as your own testimony?

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Yes, I do.

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Thank you. I have nothing further, Mr. Chair.

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Questions from the board.

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I have a couple of questions. Can you go back to the floor plans?

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Sure.

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i'm assuming this is commercial trash pickup of course the trash the trash is being kept in the

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rear that's correct okay just one thing that you said during your um during your comments you said

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that the the bathroom was was ada accessible it's not um and neither is the front it's not

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wheelchair accessible well it will be prior to occupancy it has to be the drawings that you

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present and what you stated are different that's not a wheelchair accessible bathroom yes i

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That's not a wheelchair-accessible bathroom.

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Yes, I stipulate to that, Mr. Johns.

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But in order for us to occupy a coffee shop, that front-of-house bathroom will have to be ADA-accessible.

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So I just want to make sure that when folks come and present to the board that they show what they say.

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And this doesn't show a handicap accessible bathroom. So we need to show it in the front is not accessible. But I think this is a good project.

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That's correct. Yeah.

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How does one get from the main cafe to the handicap accessible potential bathroom with a step?

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With assistance.

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Okay.

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And yes, a more detailed plan for the building code review will be submitted after this.

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But thank you.

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Even at the schematic level for zoning, it should show an accurate layout.

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Point taken.

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Thank you.

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Thank you.

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Other questions from the board?

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I have a question about how many other commercial uses are on the immediate block.

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Well, active is about three, but most of them, again, there's more than half a dozen vacant lots just attached adjacent to our property.

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And there are also a couple boarded up previously occupied commercial spaces.

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Okay, thank you.

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Just one other thing.

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I mean, I understand what you said.

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And I'm going to go back to that. But the pictures show everything is pretty much done.

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So they'd have to reconfigure that bathroom to make it handicap accessible.

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The bathroom will have to be outfitted in order to get a certificate of occupancy. Yes, sir.

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All right.

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my question uh are you saying uh burn that the uh that there's a vacant space on

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either side of this property that basically it's kind of a little snaggle to like set alone

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the photos in the photos yeah the photos show on the right hand side one vacant lot

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And on the left-hand side, six vacant lots.

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Okay.

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And not that I think this should be a big problem, but what are we doing about parking for this particular space?

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Nothing.

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We're not required to have parking.

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So, therefore, we're not going to address it.

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Okay.

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Okay. And is there any thought of having some sort of outside seating there?

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Yes, we actually spoke to the community about that when we had the meeting. They would like to

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see us pursue sidewalk seating, even if it's just against the property. So we will be looking into

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that as you know that may take up some work with counsel exactly okay thank you questions for our

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attorney hillary emerson i just wanted to clarify one thing mr anastasio um there will be um a

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single family dwelling remaining above at this property that's correct all previously approved

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use is not subject to this review, would be moving forward.

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All right.

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Thank you very much.

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Yeah.

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Questions or comments from the virtual audience?

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Yes, Chair.

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I have a hand up by the name of Gregory Allen.

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They have been allowed to speak.

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Good morning.

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

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Good morning, Chair and Board.

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My name is Gregory Allen, G-R-E-G-O-R-Y.

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My last name is A-L-L-E-N.

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I'm the chair of the RTO.

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I know who you are, sir.

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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 first, I'd like to acknowledge Director Johns and share our gratitude because we,

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The ADA-compliant bathroom was one of the features that the neighbors were most excited about.

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So I appreciate Mr. Anastasio for making that correction as the project moves forward.

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But the unanimous support for us is only the second one in our history, and partially that has to...

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There's only the second one in our history. And partially that has to do with the makeup of Lansdowne Avenue, that it has been a commercial corridor that is largely waning.

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And a lot of owners are using the ground floor for a residential.

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So the owner who came and attended the RCO was adamant about the hours and the food and their commitment to business on this business corridor.

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And as the Community Development Corporation and RCO, we're adamant about helping them to be successful in this venture.

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Okay.

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Mr. Allen, as usual, thank you for taking the time to close. We appreciate your input.

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Is there anyone else in the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Sean Levicar, Planning Commission.

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A comprehensive plan recommends no change to the RM1 zoning at this location.

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Due to the history of ground floor commercial use in this structure, PCPC recommends granting the variance.

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Thank you.

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MI 2024-001036, 5813 Lansdale Avenue.

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I vote yes with proviso.

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Approve use as a prepared food shop with single-family household living above.

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Ishmael Shaheed, my vote is yes with proviso.

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Michael Johns, my vote is yes with proviso.

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Tana Graham, my vote is yes with proviso.

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Diane Wynn, my vote is yes with proviso.

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Cheryl Gaston

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my vote is yes

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thank you and thank you counsel

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thank you all

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is there anyone in the virtual audience

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whose case has not been called

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I see no hands at this time

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thanks everyone

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thank you for your work and see everybody at 2pm

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please

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's EBA hearings.

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With me is our board member, James Snell.

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Present, chair.

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Our board member, Cheryl L. Gaston.

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Present, Mr. Chair.

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Our board member, Tanetta Graham.

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Present, chair.

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Our board member, Michael Johns.

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Present, chair.

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and our board member, Taya Nguyen.

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Okay.

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Also present is our attorney, Hillary Emerson,

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and our deputy director, Kathleen Grady.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting Kathleen Grady at Kathleen.Grady at Phila.gov.

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For our court sonographer and attorneys, for our court sonographer, attorneys and witnesses will identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter a period of statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments or testimony should be directed to our Executive Director, Tanya Sunke.

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Let's look at our schedule for this afternoon.

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Number two, MI 2024-000-593-29 East Mount Airy, that case is continued.

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Number six, MI 2024-002-062-6045 Shisler Street, that case is continued.

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Number nine, MI 2024-002-378-3943 Mount Vernon Street, that case is continued.

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And number 10, MI 2024-002-410-2913-15 Kensington Avenue, that case is continued.

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Case number 11, 12, and 13. So case number 11 is MI 2024-002-411-3212 York Street.

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Case number 11, 12, and...

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Case number 12, MI 2024-002-412-3210 West York Street.

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And case number 13, MI 2024-002-413-3208 York Street.

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Is Darling Treat in the audience?

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Is there a representative from Council Member Young's office or the coordinating RCO rep for Strawberry Mansion Community Concern?

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Yes, Chair. This is Jasmine Webster. I will be your co-host this afternoon. Darlene Threatt has been allowed to speak.

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Good afternoon, Commissioner. Darlene Threatt on the line.

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Hi, good afternoon, Counsel. Could you please state your name and spell it for the court sonographer?

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Good afternoon, Darlene Threatt, D-A-R-L-E-N-E-T as in Thomas, H-R-E-A-T-T as in Thomas, for the applicants, 3208 West York Street, LLC.

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

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I do, Your Honor. Excuse me, I do a question.

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Oh, sure. Is there anyone from Strawberry Mansion on the line?

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Yes, Chair. Strawberry Mansion has been allowed to speak.

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Okay.

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

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This is Bonita Cummings.

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B-O-N-I-T-A-C-U-M-M-I-N-G-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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I do.

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