civus
Hearing video

ZBA Hearing - October 18, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 18, 20236h 22m

And I certainly appreciate the property owner's willingness to speak with him to see what, though, again, it's not a zoning issue.

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There's no zoning denial here on that, but to try to find something that I think that can provide more accessibility.

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But other than that, we 100% support this application.

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Thank you.

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Thank you.

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Any other requests from the virtual audience?

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no hands chair okay um planning commission thank you chair bergman and board members good morning

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david vecto with the city planning commission the comprehensive plan recommends no change to the

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commercial mixed use zoning at this location the appellant's proposed non-residential roof deck

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is substantially in keeping with the commercial nature of the frankfort avenue and gerard avenue

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commercial corridors. The City Planning Commission recommends that the board grant the proposed use

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variants for a non-residential roof deck. Thank you very much. MI 2023-001-894-1148

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to 62 Frankfurt Avenue. I vote yes. Thomas Holloman, my vote is yes.

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James Snell, my vote is yes. Ishmael Shaheed, my vote is yes.

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thank you mr chairman and members of the board thank you very much um we're going to number 14

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um mi 2023 000 276 69 26 east roosevelt boulevard thomas kenny is the attorney for the owner

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we do not have feedback from the coordinating rco

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we do have three letters of support from parents who have used her services in the past

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mr kenny thomas kenny is promoted

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good morning mr kenny could you please state your name and spell for the court stenographer

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Mr. Kenney?

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Excuse me, Mr. Chair.

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I see Jacob Reeder has their hand raised.

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Mr. Reeder is an assistant to Mr. Kenney, so Mr. Kenney may be with him.

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Sure.

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Okay.

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Thank you.

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Good morning, Mr. Kenney.

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Unmute yourself, please.

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Thank you. Good morning, Mr. Kenny.

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Thank you. Good morning, Mr. Kenny.

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Good morning. Thank you.

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Good morning. Thank you. I was not able to hear some of the dialogue because when I was getting promoted, some of it got caught off.

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So why don't we do this first? Why don't you state your name and spell it for the court stenographer?

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Representing appellant is Thomas Kenny, bar number 77611, K-E-N-N-Y.

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

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I do. And the dialogue I mentioned was we do not have anything from the coordinating RCO, but we do have three letters of support from parents who have used the services.

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Yes. Mr. Kenny, could you identify your client in relationship to this property?

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board and chairman i have the pleasure today of representing uh miss steers uh she is the owner

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of the property of 6926 roosevelt boulevard uh mr reader is my paralegal and i'll have him

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if he's allowed to have access as well he'll pull up the documents i think he can pull the documents

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up for you but before we do that our vice chair has just a few questions for you sir yes

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good morning counselor do you agree to waive the reading of the refusal and stipulate to his

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

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proceed with this case five days in advance of the hearing yes we have thank you please proceed

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and share your screen thank you very much um sir as i said i do represent miss steers

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She is the owner of this property, 6926 East Roosevelt Boulevard.

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I'd like to point out to the Honorable Board that about two months ago, I represented a

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similar client in a similar situation.

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This is a somewhat, I don't think it's a controversial issue.

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There's no construction going on.

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She is a small business owner.

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She's got the right to have six young folks in a daycare center.

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That's what she has the right to do.

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She's got the permits.

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This is the title, and we can just pull up after that.

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Jacob, if you go to the permit from DHS, so she's permitted by the state of Pennsylvania to do this business.

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And what she has is she's asking for the right to make this a 7 to 12 additional students, kids that can be in her place.

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okay stop right there great so she's already she's already licensed by the state she complies

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of all the rules and regulations what happened here was she'd like to expand to make the 7 to 12

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again like i said there'd be no construction changes uh there would just simply be the right

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to have the additional folks we did submit a letter and it's in our package about contacting

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RCO. We made over five attempts to have a meeting. I can only presume by them not,

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meaning that they really didn't oppose. Sometimes silence means consent. I have no

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other way to interpret it other than that. I will say that my client speak in a few moments.

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She is a mother of eight. She raised eight children successfully.

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Her voice might be a little cracky in a few moments. She just lost her mother

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on Sunday night I asked her if she wanted to continue today because she's obviously in the

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grieving process she says no my mom is the one who inspired me to bring this program and start

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this company many years ago so she does want to speak in a few moments and I'll have her speak

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they're really like I said I don't I don't have we have some folks here witnesses I have a letter

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support from

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a picture of the

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property? Yes.

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Could you show the picture?

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Yeah.

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Okay.

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Okay, why don't you bring your client on?

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Okay.

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Ms. Steers, can you raise your hands?

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Ms. Steers has been allowed to speak.

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Can you unmute yourself and wait for the chair?

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Good morning, Ms. Steers.

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

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p-a-t-r-i-c-i-a last name is s-t-e-e-r-s i will apologize about my voice that's okay

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that's okay do you swear or affirm to tell the truth the whole truth nothing but the truth

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Yes.

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yes proceed mr kenny thank you chairman

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Proceed, Mr. Kenney.

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Thank you, Chairman.

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Ms. Steers, before I ask you to adopt my testimony, are you feeling okay?

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Are you okay going through with this right now?

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Yes, I am.

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I explained to you this morning that my mom, I lost my mom on Sunday, and my mom was the reason why I aspired to do this dear care.

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She named it, so I do want to go on with it.

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Okay. Ma'am, if any reason during this, if you want to stop, I'll be glad to ask the chairman for a continuance, okay? Do you adopt everything I've said? Have you heard the entire everything I've said so far?

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Yes.

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And everything I've said, is it true and accurate to your best belief?

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Yes, it is.

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I have some witnesses ready to say some other things but would you like to tell the board why

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you feel this would be a good change for the community in addition I've been doing this for

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16 years I'm a single mom and I adopt seven wonderful kids all my kids are grown they're

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doing excellent and I just want to get back to services and help other single moms teens I deal

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with parents that are in the shelter to try to help them to help their kids and plus make their

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life better and easier. I love my job dearly, and I just want to provide more help for the community.

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Thank you, Mr. Kenney. Chairman, may I call the witnesses briefly? Well, how many witnesses do

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have i have a list of a few i have uh i can call the neighbor mr uh peter touches uh who's the

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adjoining neighbor and he can maybe shut some light mr kenny why don't we do this i'm going

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to open it up to the audience and they can come on then okay great thank you quite questions from

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

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not at this time mr chair comments from the virtual audience

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no hands raised yet chair okay

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oh there's one um it's diana diana alamo i will allow to speak hi could you please

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Could you state your name, please?

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It's spelled for the court stenographer.

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Hello?

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You have to unmute yourself, ma'am.

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Hello?

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Hello?

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Hi, could you state your name, please?

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It's spelled for the court stenographer.

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I'm sorry.

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Giana, L-M-O, G-I-A-N-N-A, A-L-A-M-O.

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

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I do.

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Please proceed.

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I forward.

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I'm sorry.

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I'm going with this.

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I forward.

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Well, let me ask you this.

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Are you in favor of this property, of this project?

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Yes.

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All right.

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And you've used the project in the past?

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Yes.

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Okay.

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Mr. Kenney, I think that's enough.

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Is there anyone else in the virtual audience?

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Yes, Chair Brenda Adair.

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Okay.

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

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Brenda, could you state your name, please?

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is there anyone else in the virtual audience

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hello hi good morning my name is brenda brenda g-a-r-c-i-a right do you swear or affirm to

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tell the truth the whole truth nothing but the truth i swear are you in favor of this project

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yes okay and have you used this project in the past yes okay um thank you very much for taking

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the time to cause is there anyone else in the virtual audience yes kelly burnett

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is that one of yours too mr kenny yeah kelly burnett was the applicant who got a successful

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application a few months ago. There are colleagues in this work, and she would also make a favor.

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

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Hi, good morning. My name is Kelly Burnett, K-E-L-L-E-Y-B-U-R-N-E-T-T.

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Hi, good morning. My name is Kelly Burnett, K-E-L-L-E.

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Right. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Are you in favor of this project?

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Definitely. Her passion is shown through just being here with all the things that are going on with her family.

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Okay. Oh, thank you so much for taking the time to call in. We appreciate it. Is there anyone else in the virtual audience?

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Bernadette, Bernadette Grauber.

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Is this one of your clients too, Mr. Kenny, your witnesses?

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Yes, sir.

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Yes, sir.

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Okay.

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

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Yes, my name is Bernadette Grauber, G-R-A-U-B-E-R.

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You swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Are you in favor of this project?

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Yes, very much.

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Are you familiar with this operation?

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Yes.

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Yes.

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Thank you very much for taking the time to call us. We appreciate it. Is there anyone else in the virtual audience?

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Yes. It was a caller. There we go. Caller at the number ending 5782 has been allowed to speak.

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

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Good morning.

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Rhonda Jordan.

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Hi, could you spell it for the court sonographer?

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Yes, R-H-O-N-A, and last name J-O-R-D-A-N.

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Okay, thank you.

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Do 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 in favor of this project?

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Yes.

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And are you familiar with this project?

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Yes.

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Thank you very much for taking the time to call us.

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We appreciate it.

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Is there anyone else in the virtual audience?

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no more hands chair planning commission thank you chair bergman and board members good morning

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david effecta with the city planning commission the comprehensive plan recommends no change to

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the residential single family zoning at this location the appellant has shown that the proposed

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group daycare will not cause detrimental impacts beyond what might be expected the city planning

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commission recommends the board grant the proposed special exception for a group daycare thank you

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MI 2023-000276-6926 East Roosevelt Boulevard.

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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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