civus
Hearing video

ZBA Hearing - January 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 12, 20226h 5m

On the back is, yeah.

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And there's two separate entrances,

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one for commercial and one for residential.

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Yeah.

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And this is from far away.

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This house is showing over here.

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This is just recently built.

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It's all a renting apartment.

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And I have that house looking there on across the street.

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On the left-hand side across the street, right there is yours.

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And as you can see across the street, there's lots of apartments.

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Yes.

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This is the condition right now.

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It's from the egress from the basement.

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And this is the front door of the commercial.

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Our front door over here, but we saw another picture before.

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Okay, questions from the board?

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no mr chair

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no mr chairman

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questions from the virtual audience

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i see no hands at this time chair planning commission uh properties indicated this is

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ron bednar city planning this property is indicated for commercial mixed use on the city plan

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on our doctor district plan recommends no changes to the existing zoning at this location.

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The applicant's hardship is not supported with evidence of unique physical circumstances

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or conditions of the site that would prevent it from being used in conformity with the code.

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Therefore, we recommend the request for grants not be granted.

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MI 2021-002431-1624 South 20th Street.

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i vote no my vote is yes carol tennari james now my vote is now

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we have support from the community um i'm sorry i'm sorry don't speak right now don't speak right

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Ismael, are you there?

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We got a 2-1 vote.

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Thank you.

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The 2-1 goes nowhere.

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Yes, Ismael, are you there?

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If so, sir, you just need to unmute.

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Oh, can you hear me?

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I'm sorry.

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I thought I'd unmute it.

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okay yes my vote is no thank you thank you everyone mi 2021 003550 1831 south camac street

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no rco letter east passion civic association councilman squilla

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and non-opposition refers to the rco letter of support

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Andrew Miele

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Andrew Mealy is coming back in as a panelist. Thank you.

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is coming back

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Hello? Mr. Mealy, state your name and spell it for the court reporter, please.

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My name is Andrew Mealy, A-N-D-R-E-W, last name M-I-E-L-E.

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

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I do.

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Our vice chair has a couple of questions for you.

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Hi, it appears according to the notes that you've submitted all of the required documents.

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Yes.

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Okay, are you an attorney?

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I am not.

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No, you're per se.

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Okay, you may proceed.

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uh so what we're looking at is uh we currently have a third floor with an eight foot setback

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uh we're looking to put a railing around that setback um uh and uh a deck so that we could

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use it as a patio space um that's that's where we're at yeah do you have any drawings of it

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Andrew? Yes, how would I share that? What kind of device are you working with today? I'm on a PC.

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So, is it a regular, just a regular computer? Just a regular computer. If you go down to the

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bottom of your screen on the Zoom application, you'll see a green share screen button. There it

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is. So, before you do that, do you have your documents open that you want to share? I do.

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okay let's try hitting the share screen okay and then click on your documents and it's coming open

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there you go is that can you say that that's it yeah yeah okay um so this this is our current

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property and uh right here is where our setback is located and we're just looking to put a railing

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around it that's that's really yeah that's that's it

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okay questions from the board no sir

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no chair mr chairman questions from the virtual audience

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i see no hands at this time chair planning commission

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this is ron bednar city planning this property is indicated for

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residential use on the city plan or adopted district plan recommends no changes to the

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existing zoning at this location. The applicant's hardship is not supported with evidence of unique

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physical circumstances or conditions of the site that would prevent it from being used in

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conformity with the code. Therefore, we recommend the request of ranch not be granted.

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MI 2021-003550-1831 South Camac Street. I vote yes.

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Harold Tenere my vote is yes. James Snell my vote is yes. Ishmael Shaheed my vote is yes.

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Thank you. MI 2021-003489-420-West Shoe. There's no RCO in this area. Councilwoman Parker's office has been working on this.

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Latia Barnes is the pro se owner.

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or tatcha brown barnes miss barnes

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chair yes

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okay i'm waiting for her to raise her hand i see i don't see her here

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i just saw her name a minute ago i don't know what happened

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yeah they they parker's office called about this today too hi hi hi yeah could you state your name

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and spell for the court reporter please certainly my name is latisha barnes spelled l-a-t-e-a-c-h-a

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last name barnes b-a-r-n-e-s do you swear for him to tell the truth the whole truth but and

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nothing but the truth? I do. Our vice chair has a few questions for you. Certainly. Hi. It seems

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based on our notes that you have submitted all of the required documents. Is that correct?

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That's correct. Okay, you may proceed. So is this where I just tell exactly what I'm trying to do?

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Yeah, and if you have any pictures of it or, right? I do. Yeah, so it's just, it will be a

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So it's just, it will be a small event space for gatherings such as baby showers, repass, and things of that nature.

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small event space for gatherings such as baby showers.

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It's a space with 200, I'm sorry, 2,000 square feet.

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It's just an open space.

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I have pictures of it if you guys need pictures.

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Do you have anything you can show on the computer?

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I do.

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It's just I'm on a cellular device, so if someone can just assist me with how to get to the photos.

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ma'am which um type of phone are you using iphone or android it's iphone do you have um zoom app

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installed i do have zoom app installed okay um when you open it and you're on the screen

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and your files open does it show um share towards the bottom of your screen

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um it doesn't it just has at the bottom of the screen it just has stop record it has more

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but it just allows me to raise my hand background and filter and let me see if this would be

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if not we might have to enable um your screen sharing your settings

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okay um whatever we have to do i'm willing um sir would you like me to work offline

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while you continue on with the case okay um miss barnes i will um can i write with her

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or how can i troubleshoot if you want to chat with her offline that's fine okay thank you

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that's what I'll do, Ms. Barnes. Okay, no problem. Thank you. Ms. Barnes, please close your video and

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we'll come back to you. Thank you. Okay. MI 2021, 003522, 518 South 7th Street.

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RCO, Washington Square, neighbors, letter of non-opposition with provisos. Appellant must

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to be represented by an attorney who's here for that case chair we have someone with a hand up

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by the name of hagana kim sure mr or miss kim you can unmute yourself and wait for the chair

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hi mr chairman uh my attorney is callie kim she's also attorney here yes he's just been

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promoted to panelists share okay let me let me go to him first

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mayanna oh hello i'm i'm connected i'm sorry i'm sorry leticia please mute yourself thank you i'm

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sorry go ahead okay hi i'm callie could you uh could you identify yourself for a court reporter

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to spell your name? Sure. I'm Callie Kim, C-A-L-L-I-E. My last name is Kim, K-I-M, as in

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Monday. And I'm here on behalf of the tenant of 518 South 7th Street, who also happens to be my

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husband, but I'm his attorney. That's a good client. That's a good client. You swear for him

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to tell the truth, the whole truth, and nothing but the truth. Yes, I do. Okay. And our vice

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Chair, I have a few questions for you. Sure. Hi. Do you agree? No. I'm asking, are you the attorney?

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Yes. Okay. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes. And I assume that you have sent in all the required documents? Yes. You may proceed

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and start sharing your screen. Sure. So I'm going to share my screen and go through a few exhibits,

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but just before I wanted to give you quick, and I promise it'll be brief, a very brief overview of

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the issue. We're seeking a use variance for the first floor commercial space of 518 South 7th

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for a yoga studio. The yoga studio has been open there since July 2019, although we were closed

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for approximately a year due to COVID. We've reopened now since March of 2021. We are a beloved

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to yoga community in the neighborhood. The majority of clients that come into our space

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live within a few blocks, so very little impact on parking. And we did meet with the RCO and we

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received a non-opposition letter from the RCO. So I'm just going to share my screen so you can

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see this here. Now, what you see here is the exterior of 518 South 7th. As I said, it is

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zone for RM1, the personal use is not allowed, so we're seeking a variance with the proviso

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of no body art service and no fortune-telling service, given the feedback from the Washington

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Square West RCL. This is the exterior. Here's our denial.

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This is the exterior. Here's our denial from L&I. And yeah, it says personal services expressly prohibited in RM1.

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This was our project form. This is our lease that was signed with the owner, 518 South 7th Street LP.

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and we have the authorization letter from the owner to pursue the variance, which let me see

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if I can get to that. Here we are. So this is from the owner to pursue the variance.

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This is our certificate of tax clearance for Tuck Bar and Yoga. And then this is from the RCO,

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from Washington Square West, 15 folks non-opposed. And they did send us this proviso we worked with

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them. They were super helpful. They were just concerned that, you know, they didn't want a

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tattoo parlor or a fortune teller coming in later, but they actually really appreciated the use and,

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you know, thought that it was beneficial to the community, although I don't mean to speak for

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them in any way, shape or form. And so we are seeking that use variance for personal services

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with this proviso, the no body art service, no fortune telling service. And with that,

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I'll leave it to you all for if you have any questions for me or for my husband, Haganah.

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Could we swear your husband in, please, and he could adopt your testimony?

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Sure. Haganah, are you there?

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I'm here.

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Sure.

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Haganah, you heard my testimony. Do you confirm that everything is true and accurate?

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I do.

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And you adopt it as your testimony?

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yes i do just do me a favor could spell your whole name for the court reporter

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sure h-a-g-a-n-a last name is kim k-i-m good any questions from the the board no mr chair

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no mr chairman no mr chairman um chair i don't know if i missed it this tanya i apologize

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but did he get sworn in i did not yeah thank you so i thought no i'm sorry i thought i did it

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

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Yes, I do. Okay, thank you. Questions from the virtual audience?

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I see no hands at this time, Chair. Any commission?

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This is Ryan Bednar, City Planning. While the property is currently indicated for residential

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in the city plan, given the site's physical condition and its documented use history,

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We recommend that a request for variance be granted, provided that all L&I violations have been resolved on this property.

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MI 2021-003-522-518 South 7th Street, I vote yes with provisos for L&I correction, if any exists.

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Harold Tenere, my vote is yes with provisos.

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James Snell yes we're provisos

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thank you so much

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yes we're provisos

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thank you

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thank you very much appreciate it

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okay

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Mr. Chairman Bergman

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will you record that the

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provisos for no

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the services no

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body art service and no fortune telling service

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on the record sure thank you

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appreciate it Rebecca

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All right. Let me take the last one because I'm not sure. MI 2021 007185732 Catherine Street. No exhibits, multiple listings. James Beasley.

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chair this is tanya the administrator i have received correspondence from this applicant

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stating that they wish to withdraw their case and come back with something different thank you case

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withdrawn how are we making out with uh miss barnes i think i'm able to share content now i

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can try it. All right. So this would be the outside. Are you able to see this? We're not

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seeing it yes now yeah miss burns okay oh wait it's coming now okay so that's just yep the inside

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entrance when you first walk in forgive me i just need to learn how to navigate around

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Walk in.

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Forgive me.

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I just need to learn how to navigate around a little bit.

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Okay.

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This would be the inside.

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That's a full view of the inside.

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Ms. Barnes, you have to restart screen sharing now so that we can see it again.

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There you go.

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All right.

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So that's a full view of the inside.

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um completely empty with no decorations no tables or anything that's just like

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a full view um let me just go back

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can you see the street view

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yes yes okay so that's the outside it's the black building um it's between two

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two um two churches and um i'm very friendly neighbor with um and then let me just i have one

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