civus
Hearing video

ZBA Hearing - May 17, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 17, 20237h 55m

Amen.

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Chair, we have 42 attendees, and we can start as you wish.

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Good morning. My name is Bill Bergman, and I will be chairing this morning's EBA hearing.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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present Mr. Chairman and our board member James Snell present Mr. Chairman also present is Hillary

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Emerson our attorney and also our executive director Tanya Sunkett here's our virtual

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format be advised proceedings are being recorded video will be available by contacting Tanya

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Sunkett at phila.gov for the benefit of our court stenographer we ask attorneys and witnesses to

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identify themselves before testifying. If you're participating by phone, if you wish to testify,

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press star nine to raise your hand and star six to unmute. To enter an appearance statement, call

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267-270-5548. Leave your email and the address of the property in question.

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And finally, the question answer box on the screen is now for comments or testimony.

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All comments should be directed to our executive director, Tanya Sumpik.

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Let's take a look at our continuances for today or the morning list.

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Number, hold on one minute here.

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number 14 mi 2022 003 336 1140 south 54 street that case is continued

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and number 16 mr chair this is hillary can we just see if anyone is here for that case

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we can. 1140 South 54th Street. Is there a representative here? Roland Tolbert is the

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listed owner. Good morning, Chair. This is Doreen Blakey, and I will be your co-host today.

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Thank you. You're welcome. I see no hands. Okay. So MI 2022-003-336-1140 South 54th Street.

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That case is continued. Mark must be tried. And number 16, MI 2022-003-365-1216 West Lycoming Street.

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Continue. Mark must be tried. Are there any comments relative to the two cases we've continued?

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you? I see no handshare. Are there any other requests for continuances?

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Vern Anastasio just put his hand up. Okay. Good morning, Mr. Anastasio. Could you state your name,

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please, and spell for the court reporter? Good morning, Mr. Chair. Vern Anastasio. It's V-E-R-N,

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last name a-n-a-s-t-a-s-i-o 2016 spruce in philadelphia you swear for him to tell the

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truth the whole truth and nothing but the truth i do is it number one sir uh 37 30 north 18th

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is that right no no i had 2409 17th let me see yeah i'm ready to prepare i'm ready to present

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that one but the 3730 north 18th 3730 that's number five mr chair okay thank you thank you

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miss emerson okay uh okay so you want to continue it's on this one i do i need it because uh we

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haven't met with the rco yet okay fine mi 2022 007 252 3730 north 18 street this case is continued

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you. Thank you, sir. Thank you, sir. Any other requests for continuances?

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I see no handshare. I have several cases with no exhibits. MI number seven. MI

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I have several cases with no exhibits.

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MI number 7, MI 2022, 006-997-1101 Anchor Street.

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Khan Rashi Yasmin is the owner applicant.

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No exhibits, first listing.

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I have Rasha Khan with a hand up.

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Okay.

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Okay. Please unmute yourself. I'm going to wait for the chair.

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Good morning. Hi, good morning. Hi, could you state your name, please, and spell for the court

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reporter? Yes, my name is Rochelle Kahn. All right. Could you spell, please, for the court

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reporter yes definitely as r-o-c-h-i-l-e-k-h-a-n do you swear affirm to tell the truth the whole

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truth nothing but the truth yes could you turn your video on please

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i don't see that option okay all right so let me ask we this is your first listing

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we have no exhibits that were sent in

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Chair, she's coming in now and as a panelist.

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Okay.

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Good morning.

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Unmute yourself.

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Good morning.

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So this is your first listing and we don't have any of your exhibits.

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Okay. All right. So we're going to continue this case, but you must be ready for the next case. Okay. The next time we list it. All right.

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Mr. Chair, this is Hillary. I also want to note that Council Member Lozada's office has no record of the required RCO meeting occurring. So if there has not been an RCO meeting, that needs to occur as well as exhibit submission.

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Have you heard that, ma'am? Okay. So you need to have your RCO meeting too before you come back,

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okay? Okay. All right. So MI 2022-006-997-1101 Anchor Street. This case is continued. Mark

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must be tried okay thank you number eight MI 2022 003 397 3034 Titan Street

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no exhibit second listing Joseph Bernardino is the attorney

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Mr. Bernardino if you're in the audience raise your hand please

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I see no hands, Chair.

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Thank you.

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So MI 2022-003-397-3034 Titan Street.

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This is the second listing.

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We still have no exhibits.

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I vote to dismiss.

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Thomas Hellman, my vote is to dismiss.

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James Snell, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Thank you. Number 12, MI-2022-007-304-1901 Chestnut Street. Kim Sung Ho is the listed

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owner. This is the first listing. We do not have any exhibits.

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um no hands up chair thank you mi2022 007 304 1901 Chesson street this case is continued mark must be

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tried okay and we're gonna i have two cases

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number four MI 2022 001 010 6800 North 16th Street this case has been withdrawn

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and number nine MI 2021 003 715 414 East Roosevelt Boulevard this case has been withdrawn

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I'm going to go to our add-on list

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The first add-on is MI-2022-005-268-4226 Ogden Street.

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Our vice chair will handle this add-on case.

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case

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yes mr chair uh my vote my vote is yes it's this much i hate my vote is yes

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Thomas Holloman

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excuse me

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let's go back we have some

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we have provisos

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I didn't see no provisos

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okay so am I right

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Hillary

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yes there this

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case Ogden Street there's a proviso

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for an amended refusal and a requested

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proviso for commercial trash pickup

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from the RCO

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might be on the wrong one

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hold on one second

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the first add-on on the 930 list

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4226

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okay that's it

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I was on the wrong one actually

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all right uh my vote is yes with proviso per amendment refusal dated

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222 23 23 and commercial trash pickup requested of rco

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thomas holloman my vote is yes with provisos james snell my vote is yes with provisos

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Number two, MI-2022-006-297. This is a request for free consideration. I vote no. Thomas Holloman and Ish are also voting on this one.

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Thomas Holloman, my vote is no.

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Ishmael Shahid, my vote is no.

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Excuse me, Mr. Chair, can you just read the address for that one to the record?

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Sure. 436 South 54th Street.

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Thank you.

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Number three, MI 2022-006-999-436-40 Mitchell Street. I vote no.

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Thomas Holliman, my vote is no.

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James Snell, my vote is no.

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Thank you. We're going to go to our regular list, and we're going to start with number 11.

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MI 2022-003-335-5215, Horrock Street. Jose Perez is the owner. We also, well, let's see. Jose Perez.

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this is a pro se case

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Mr.

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Jose Perez can you raise your hand

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if you're in the audience please

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or Padad Duran

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I see no hands share

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I see

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I see Ms. Duran in the audience

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Mr.

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Okay, Mr. Duran is in the audience, I will promote the panelists.

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Good morning, Mr. Good morning.

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Good morning.

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

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My name is Piedad Duran, P-I-E-D-A-D-D-U-R-A-N.

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Okay.

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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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This application is for a daycare center for not more than 24 consecutive hours of successory preparation and serving of food in an existing structure.

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No sign with this application.

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Our vice chair has a few questions, okay?

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Good morning.

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Have you emailed all the required documents that are needed to proceed with this case five days in advance of this hearing?

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Yes, thank you. Please proceed and share your screen.

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Mr. Ram why don't you tell us what why don't you tell us what you want to do

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okay um I have a group child care already um and I'm trying to I moved already from my

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from the property. I live at 439 Kismar Road right now. I'm trying to do a center

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to get more kids because I have a waiting list for more parents and I have the space for the kids.

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attached you will find all the information the approval the tax clearance the rco letter to

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support pictures um the tax clearance i've been uh on business since 2008 okay um i have never

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but I haven't had any problem with the neighbor.

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I get along with everybody.

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All the parents are very happy with my service.

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I have the space for more kids right now.

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you already have approval for 12 children right yes and how many are you looking to put in there

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um i'm trying for the second floor at least 10 more kids

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you have an rco letter yes and i um i have the plans picture

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that's another

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that's the tax clearance we see your tax clearance yes and the rc are still there

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that's the letter

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we see the RCO letter too

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yes

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and that's your plans

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and what's your how you're gonna

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you're gonna take the whole second floor

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and make it part of the

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the daycare

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or the childcare

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right now you just operate on the first floor

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first floor and the basement

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okay

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all right

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questions from the board

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no mr chairman no chair

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questions or comments from the virtual audience

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thank you very much wait a minute wait a minute questions or comments from the virtual audience

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no hands chair okay planning commission good morning chair david facto f-e-c-t-e-a-u with

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the city planning commission you swear or affirm to tell the truth the whole truth nothing but the

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truth? Yes, sir, I do. Proceed. Thank you, sir. Chairman and members of the board, the comprehensive

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plan recommends no change to the residential single-family zoning at this location. The

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applicant received a use permit in 2018 for a daycare with 12 children. A daycare center in

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the zoning code is defined as a business for 13 or more children. The applicant has not shown why

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the approved 12-child facility is not the minimum needed to afford relief, and so the staff believes

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that a daycare center would be an overuse of the property the city planning commission recommends

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the board deny the variance for a child care center thank you mi 2022 003 335 5216 horrocks

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street i vote no thomas holliman my vote is no james snell my vote is no ishmael shaheed my vote

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thank you thank you okay yeah okay so we're gonna go back to

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number one mi 2022 003 293 2409 your 17th street vernon anastasio is the attorney

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we do not have

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a letter yet

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from the RCO

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at least we don't have it

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in our hand

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Mr. Anastasio is being promoted

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Mr. Anastasio is being promoted to panelist.

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to panelists

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Good morning, counsel.

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Could you just state your name?

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You've already been sworn.

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Good morning, Mr. Chair.

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Vern Anastasio.

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On behalf of Georges Vegney,

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the owner of the property in question.

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Our vice chair has a few questions for you, sir.

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Thank you.

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Good morning, Councilor. Do you agree to waive the reading of the refusal and stipulate

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to its accuracy? I do.

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Have you emailed in all the required documents and exhibits that are needed and required

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