civus
Hearing video

ZBA Hearing - September 27, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 27, 20235h 5m

proceed with this case five days in advance of this hearing ah yes we did thank you please

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proceed and share your screen all right so i'm here to present 3947 uh clara straight

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In our presentation materials, we have the notice of refusal, a letter of support from the coordinating RCO, as well as a letter of non-opposition from the district council member.

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We have rental licenses showing that this property has had a two-unit history since I believe as far back as 2001, at least documented.

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Maps of the area, photographs of the property, the interior of the property.

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So all we're trying to do is legalize this property.

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So when my client purchased the property in 2011, he didn't realize that he had to renew his rental license every single year.

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He did it the first year.

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And then when he was ready to sell the property, it's when he realized that he didn't need to do it every single year.

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Unfortunately, with this only classification of RSA 5, we need to go through this process to legalize that current use.

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But you'll see the photographs of the property.

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This has been a two-family dwelling forever.

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Our plans and drawings, so we took the pictures and we memorialized it by way of our own floor plans, and you'll see that as well.

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Our meeting notice, we had a well-attended meeting, and you saw from the letter of support, there was overwhelming support.

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I think 15 members of the community voted in support unanimously.

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Our application for appeal, showing that we filed the zoning appeal on Mr. Figueroa's behalf.

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are deed to the property showing that he owns the property and their certificate of tax clearance.

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Our deed to the property showing that he owns the property and their certificate of tax clearance showing that he is in good standing with the city of Philadelphia with respect to real estate taxes for this property.

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And then at the conclusion of my presentation, I would ask that Mr. Figueroa virtually raise his hand, be sworn in, and I'll have a few questions about my presentation.

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notice refusal again this is an rsa5 property the only reason why we're being refused is

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you know because we're asking for multi-family uh use uh in a property that has a long history

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of multi-family use so a letter of support uh from the coordinating rco as you can see

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15 votes in favor zero opposed one abstain i think that may have been made because i can't vote for

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my own project. Then the letter of non-opposition from the district council member, because the

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community was in support of the project, the district council member, Lozada, was in non-opposition

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to this project. And then the rental licenses, as you can see, Mr. Figueroa originally got the

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rental license in August of 2012. He didn't get it thereafter, did not realize he had to pay every

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single year to renew that. But you can see the previous use from 2001 through 2012. There was a

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rental license from the previous owner of the property. And then maps of the area. While we're

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in RSA 5 district, you'll see how our building is situated. It's not out of character to have

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multifamily use. 3945 and 3941 have a history of multifamily use as well. And then this is where

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we are in the community. We're between L and K streets, and basically we're just off of Erie.

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So again, one of the things to do is help to support the commercial corridor by

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having that extra density there. And then photographs of the property, we're right here.

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there's proof of the posting for today's hearing and then this is you know Clara Street from the

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left and the right of the property and then this is also a property which also has a multi-family

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use and then interior photos of the property a couple things to point out you got multiple hot

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water heaters which which you know lend to the fact that this has been a multi-family structure

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for some time. We have three electrical heaters, meters, excuse me, one for each unit and one for

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the common area, again, showing that this property has been used as a duplex for some time.

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And then this is just the interior first floor for unit number one. And in addition, more

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photographs of unit number one. Here is unit number two, again, showing kitchens, you know,

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bedrooms, bathroom. These are each two-bedroom, one-bath units. And then there are plans and

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drawings. So a couple things to note, no basement living. There is no roof deck. We're not making

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any changes to the building structure whatsoever. Here you come in through the front entry door.

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You go up a flight of steps. Unit number one is on the second floor. You come out here. There's a living room. There's a kitchen, dining area, bathroom, two bedrooms.

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Instead, you go up to the third floor, same configuration, two bedrooms, a bath, kitchen, and a living room.

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We met with the community on July 11th at 7 p.m.

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165 addresses were notified of the meeting, listed those addresses, proof of mailing to those addresses, our application for appeal that we filed on Mr. Figueroa's behalf.

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Our deed to the property, showing that he's the owner of the property since 2011.

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And our certificate of tax clearance, showing that we're in good standing.

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with respect to real estate taxes.

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With that being said, I would ask that Mr. Figueroa virtually raise his hand.

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Apparently, there's no hands in the audience.

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And I don't even see Mr. Figueroa's name either.

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Okay.

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Mr. Nockamson, you're an officer of the court.

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Your testimony is fine for us.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair, and good afternoon, David DeFecto.

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With the City Planning Commission, Chairman and board members,

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chairman and board members the comprehensive plan recommends no change to the residential single

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the comprehensive plan recommends no change to the residential single families.

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family zoning at this location the property has a documented history uh as two dwelling units the

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city planning commission recommends that the board grant the proposed use variance for two

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two dwelling units thank you mi 2023 002 756 39 47 claridge street i vote yes

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thomas holloman my vote is yes ishmael shaheed my vote is yes

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thank you counsel thank you have a great day okay um next will be number three and four we're

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going to hear together, MI-3022-007-603-139-East Lehigh, and also MI-2023-001-459-137-East Lehigh.

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Both cases have letter of support from HACE, the RCO, and letter of non-opposition from

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Councilmember Lozada.

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Daunte and Grady, is the attorney or Clementa Amazon?

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Ms. Amazon is coming back in as a panelist.

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Okay.

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Good afternoon, Chairman.

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Hi, counsel.

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

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Of course, Clementa Amazon, that's spelled C-L-E-M-E-N-T-A, last name is spelled A-M-A-Z-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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Yes, I do.

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Could you identify your client in a relationship to the property, please?

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Of course, Dr. Ananin is the owner of the property and the principal of the business as well.

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Our vice chair has just a few questions.

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Of course.

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Good afternoon, Councilor. Do you agree to weigh the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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

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Yes, I have.

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Thank you. Please proceed and share your screen.

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Thank you.

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can everyone see my screen we can perfect so again my name is clemente amazon and i am presenting 137

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as well as 139 east lehigh avenue they are two separate applications however the use for the

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property is the same we have identical refusal so i will be presenting both properties at the same

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time during my presentation i will go through both of the refusals we do have a letter of support

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from the RCO, as well as unanimous support from the zoning committee of the RCO Assay CDC. We have

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a petition of support from the nearby community, which includes over 50 signatures, an article that

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the city did on my client's medical office highlighting the great work that he's doing for

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the community, a map of the area, a photo of the posting of the property, as well as surrounding

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area photos, the floor plan, interior photos, our notice to the community of the July 12th

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meeting, which was very well attended, our certificate of mailing, the applications for

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appeal, projects, information forms, deed, as well as our certificates of tax clearance.

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So the property is actually zoned RM1. My client has owned this property since 2000. It's been

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used as medical offices, both 137 as well as 139 East Lehigh, dating back to 1974. As you can see

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here from the notes on the refusal, we previously did have a variance granted for the use of the

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property as a solo practitioner. We are here today to allow for group practice. My client is looking

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to expand to have other medical providers within this building as well. And this is our refusal

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for 137 East Lehigh, and it is an identical use refusal for 139 East Lehigh. As you can see,

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this use dates back to 1972. We are not making any changes to the structure of the property.

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We are purely looking to just include more medical practitioners here.

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As I mentioned previously, we do have a letter of support from ASE CDC. We receive unanimous

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support from the Zoning Committee. It was a very well-attended meeting. There were 33 attendees,

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all together from the community. In addition, my client went on foot and also reached out to

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various people within the neighborhood and was able to acquire over 56 signatures. So we have

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our first page of the petition of support here, our second page, third page, and fourth page of

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Our second page, third page, and fourth page of a petition of support.

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Thank you.

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Also, this is my client in the middle here, Dr. Anaim, who was highlighted by the city for expanding his practice, as well as doing great work to provide medical care to people within the neighborhood that may not have insurance.

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He welcomes everyone into his office so that he can assist in any way possible.

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And here we have a photo of the property that was included within that article.

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again as you can see here and you'll see in the photos of the property as well.

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It's two separate structures with separate entrances. We're simply using

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it as a medical office and we're looking to expand for a group practice.

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And this use isn't uncommon for this particular area. As you can see from this map here,

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we are actually across the street from Temple Episcopal Hospital. My client has a great

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relationship with the hospital. In the event that he does need parking, the hospital allows

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for validated parking, as well as referring clients as needed. And along this block here,

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we are actually these two parcels. There is various commercial uses throughout,

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both on the corners as well as throughout the block. So this is not uncommon for this

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neighborhood in any way. And here we have a view of the front of the property with the posting

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for 137 as well as 139. And immediately adjacent to the property, you have another medical center

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are at 135 East Lehigh, which is not affiliated with my client, but just to highlight that this

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use is not uncommon. A view to the right of Lehigh on the corner, we have a pharmacy, as you see here,

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as well as another commercial business adjacent, a close-up of the pharmacy, and active life home

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care, which is only three doors down from my client's property, and Temple Episcopal, which

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is directly across the street. Again, this use is not uncommon for the area. It's a large commercial

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corridor we have going through north and south along east lehigh and here we have the floor

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plans of the first floor this is 137 to the left and 139 to the right we have the reception area

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which does have a shared wall and there is a door in between to allow for free flow between the two

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areas as well as exam rooms in the rear and when you go up the stairs we have an office for 139

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And for 137, there is a conference room.

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If you go further back, there are identical office suites along the side, as well as storage and a lounge area in 139.

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Here we have a view of the reception area for 139, one of the exam rooms.

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And this is the office that Dr. Anaim uses for himself, which is upstairs on the second floor.

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And as I mentioned, we did have a community meeting with ASE CDC on July 12th at 5.30 p.m.

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This is a letter that we sent out to the community regarding that meeting, which was very well attended, including the refusals.

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Again, we are here because my client is looking to have a group practice.

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Previously, he was approved for a solo practice use.

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Again, this use has been used since 1972 as a medical office.

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It's not uncommon for the area.

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We did send out our certificates of mailing. I am just going to breeze through these as we have

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an individual certificate for each property, so bear with me as we go through them.

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excuse me and we also have the application for appeal as well as the project information form

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I apologize for the delay in getting to those two exhibits

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and my client has owned this property since 2000 both 137 as well as 139 Eastley High Street

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we do have our certificates of mailing as well

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just want to make sure is everyone still seeing my screen here we can okay perfect

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So with that, if I can have my client raise his hand so that he can adopt my testimony.

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And it's Dr. Anaim.

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Doctor, please unmute yourself and wait for the chair.

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Yes.

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

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Yes, my name is Ali, A-L-I, Albert, the middle name, and the last name is Anaim, A-N-A-I-M.

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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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Yes, I do.

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Please proceed, counsel.

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Please proceed, counsel.

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Dr. Anaim, did you hear my presentation today?

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Dr. Anand, did you hear my presentation today?

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Yes.

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Yes.

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And was it true and correct?

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Yes.

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And would you adopt it as your own testimony?

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Yes, I do.

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Thank you.

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Thank you.

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Questions from the board?

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No, Chair.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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good afternoon david vecto with the city planning commission chair i'll give testimony for both

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properties at once the comprehensive plan recommends no change to the residential

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multi-family zoning at this location these properties have a documented history of use

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as a sole practitioner the location of this facility on lehigh avenue is on a wide street

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with on-street parking that can accommodate a group practitioner and a reasonable person would

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expect to find medical offices across the street from a hospital. So the City Planning Commission

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recommends that the board grant the proposed use variants for a group practitioner. Thank you very

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much. So MI-2022-007-603-139 East Lehigh Avenue and MI-2023-004-459-137 East Lehigh Avenue. I vote

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yes to both. Thomas Holloman, my vote is yes to both. Ishmael Shaheed, my vote is yes to both.

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Thank you, counsel. Thank you. All right, number five, MI 2023-002-733-8200-22 East

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Roosevelt Boulevard. Craig Lewis is the attorney. There's a letter of support from the Roanhurst

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Civic Association, and a

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