civus
Hearing video

ZBA Hearing - March 19, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 19, 20243h 59m

The 28th?

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Mr. Purcell has been unmuted and allowed to speak.

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Good morning.

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

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Yes, it's Nathan Purcell.

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N-A-T-H-A-N-P-U-R-C-E-L-L.

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Right.

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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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Correct. Yes. Please proceed, counsel. Thank you, Chair. Mr. Purcell, you heard my testimony and you heard Ms. Lorenzo. Is that correct?

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Correct. And if we do, do you incorporate our testimony as part of your testimony?

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I do. Now, can you see on the screen the image that I'm showing?

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Correct. Yes.

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Can you explain what this image is and also if you could give the board an insight into what it is that you're planning to do there and why you're before the board?

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Yes, I originally moved into this space in 2021 and I've been working there as an artist with my little studio in the back and a gallery up front.

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and i've been waiting to uh since when i moved in in 2021 uh all the all the things that are

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around me were pretty much under construction and were basically warehouses that were getting

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torn down or or new buildings that like that have been getting built so i've been patiently

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waiting to basically transform the actual space i'm going to push push the gallery

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basically transform the the actual space i'm going to push push the gallery back and then put

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the cafe uh in my front and i'm actually going to move out the the uh the little studio uh like

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eventually uh but it's mainly going to be a gallery with a walk-up window now day-to-day

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business is mainly going to be done through the actual window for uh safety purposes like

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in like our like area it's it's still we're on a really nice block but around around around the

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like corner there's there's still a lot of homeless encampments and stuff like that so

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i want to i've designed it like this to keep the person working inside safe and then what we'll do

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is we're going to be marketing the actual gallery exhibits through the, like, cafe.

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And what the plan is, is we'll let people in basically once a month for, like, opening night.

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And people will, like, be able to come through, check out the actual space, and have coffee as well.

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And that's the basic plan.

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And mainly on a day-to-day business, it's going to be a walk-up cafe with, like, takeout, basically.

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If you could describe to the board, what type of gallery will this be?

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Mainly illustration and sculpture.

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Now, the street that you're on and the surrounding block, that's all undergoing major renovation and restoration.

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Is that correct?

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The block that I'm on is now finally finished.

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Like it's like on the actual Boston between – well, it's between Kensington and whatever the first block is heading east.

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So my block, all three of the huge buildings are like actually done.

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And those are all new, correct?

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Yeah, those are all brand new.

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And so there's absolutely no commercial space on this block.

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There's no food.

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There's nothing else here.

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The following block going down Boston Street, they have three other high rises going up that are going to be probably completed.

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I think two of them are done.

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And the last one looks like it'll probably be done by maybe springtime or something.

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I'm not running the project, so I'm not really sure.

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Part of your objective is to have the retail establishment to be able to service the resident that will be moving into all those units.

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Correct.

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Okay.

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I have no further questions.

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All right.

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Questions from the board?

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No, Chair.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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um so a couple of things one uh mr fineman just wanted to verify that the

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the later refusal the one in june is that mentions the artist studios and artisan industrial is the

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one um that is before the board today that is correct yes thank you okay um that is the june

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30 2023 refusal yes okay um and on the refusal it lists both um actually maybe it just has a

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no i think the second one fixed it um it's just takeout restaurant the prior one had both

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prepared food shop and takeout restaurant so this one fixed it okay that correct that adjusted that

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and changed that yes okay okay great okay so then i think we're good we're good there um

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Mr. Chair, if you grant in this case, we would need to include a proviso indicating that it's per a refusal dated 6-30-23.

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Thank you.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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ron bednar city planning first name ron r-o-n last name bednar b-e-d-n-a-r

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you swear a firm to tell the truth the whole truth and nothing but the truth

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i do please proceed sir in 2016 the zoning at this location was changed from commercial mixed

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use to residential multifamily in accordance with the recommendations in the comprehensive plan

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This property has a documented history as a plumbing shop.

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The appellant has shown that the proposed artist studio and artisan industrial sales of consumers

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The proposed artist studio and artisan industrial sales of consumer goods and prepared food shop and a takeout restaurant will not injure the use of the adjacent properties.

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Therefore, the City Planning Commission recommends the Zoning Board grant the four proposed use variances.

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Thank you.

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ML 2023 004 396 1807 East Boston I vote yes with proviso per refusal dated 6-30-23

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Thomas Holloman my vote is yes with proviso James Snell my vote is yes with proviso

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Ishmael Shahid my vote is yes with proviso thank you thank you counsel you have your votes

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Thank you very much. Have a nice day, everyone.

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Okay. Number five, MI 2023-003-956-1818. Franklin Mills Circle, Stephanie Boggs Magna, is the attorney. Letter of support from the Millbrook Civic Association.

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good morning counsel could you state your name please and spell for the court sonographer

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morning um stephanie magania lessons m-a-g-a-g-n-a right do you swear or firm to tell the truth the

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whole truth nothing but the truth yes i do could you identify your client in relationship to the

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property. My client is the owner of the property, Echo Ship PA. Okay, and our Vice Chair has just

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a few questions for you. Good morning, Council. Do you read the reading of the reviews or stipulate

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towards accuracy? Yes, I do. Have you emailed in all the required documents and exhibits that is

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needed to proceed with this case five days in advance of this hearing? Yes, I have. Thank you,

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COUNCIL. PLEASE PROCEED AND SHARE YOUR SCREEN. THANK YOU. SO AS WAS MENTIONED THIS PROJECT

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IS FOR 1818 FRANKLIN MILLS CIRCLE. THIS IS AN EXISTING PARKING LOT AREA TO THE NORTH END OF THE

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FRANKLIN MILLS COMPLEX. ABOUT 130,000 SQUARE FEET OF EXISTING IMPROVED PARKING LOT AREA HERE.

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THIS IS A BETTER AREAL IMAGE OF THE SITE. WE ARE LOCATED DIRECTLY NEXT TO THE SAMS CLUB

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that's here. There are in LA Fitness across the street, several auto uses, including a car wash

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and a tire shop as well, and directly across Franklin Mill Circle from a large parking lot

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area that's occupied by the Bethel Church as well. This site is currently being rented and used for

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trailer parking. And more recently, we had another big use that we can show as well for truck trailer

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driving school across the street here within the parking lot. So we have several auto uses

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located here at the site. Here are some other pictures of this site along Franklin Mills. You

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can see the existing trailers that are parked here. But the applicant and the owner of this

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project are proposing to convert this property for use as personal vehicle sales. They are very

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closely affiliated with A&W Auto Sales that has several car lots in New Jersey. They have their

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successful business there and many years of experience and they are looking to open up a

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new location at this shop. Here's a better picture of the subject property again and our relationship

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to the church parking lot across the street and you can see here that the trailers that are

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part of the ongoing operations as a trailer driving school from what we can tell.

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Given the audio-oriented uses of this site, the current use of the property, would you feel that

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the proposed car lot would be an improvement to this location, efficient within the location

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within Franklin Mills at the northern end of the lot, consistent with the other auto uses in the

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area. The personal vehicle sales and rentals, as it's defined in the zoning code, does require a

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variance in the CA1 zoning district in which this property is located, so we are seeking relief for

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that use in connection with the conversion. Again, this would just be for the area, this parking lot

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area. Here, there are no physical improvements planned in connection with this use at that time

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that would be sought separately later. We're simply seeking approval for the use. And given

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the associated uses, that use will bring jobs to the neighborhood as well as utilize the local

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businesses. So we do feel it is the least modification necessary to convert this to a

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more viable and longstanding use here at this location.

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So we did present this application

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to the Millbrook Civic Association on January 30th.

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We're happy to include their letter of support

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within the package as well.

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And we look forward to keeping communications open

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keeping communications open with them as we begin operations on the site. Also, we did talk to

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with them as we begin operations on the site.

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Also note,

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Councilman O'Neill's office. I'm aware that they are going to request that should the ZVA be

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inclined to grant relief in this matter, that be limited to a temporary three-year approval. And we

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have no objection to that at this time. So with that, Frank Mazzola is here on the applicant's

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behalf on behalf of the owner. He has experience in the business as well. I'll ask him to identify

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and raise his hand for the record.

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Hi, sir.

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Frank Mazzola has been unmuted and allowed to speak, Chair.

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Good morning, sir.

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

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Yes, it is Frank Mazzola, F-R-A-N-K, last name M-A-Z-Z-O-L-A.

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Right.

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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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Please proceed, counsel.

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Thanks, Frank.

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Did you hear the statements I made to the board this morning?

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I did, Stephanie.

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Are they true and accurate to the best of your knowledge?

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They are.

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Would you adopt them as your own?

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I would.

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Thank you.

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Very briefly, Frank, if you wouldn't mind, could you explain your role with AW and ECHOShip for the board, please?

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Yeah, I'm involved with the dealership. A&W has been in business in New Jersey for 40 plus years, operating out of the same location now since 1997.

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And we believe the location there at the Franklin Mills Mall is a very good location for this type of business.

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And we think that not only will it be an enhancement and improvement to what is currently being utilized there, but we'll also have a positive impact on the local businesses and the community.

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We'll be utilizing a lot of the local businesses to support our business and as well as is hiring from the local community to support our business.

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So we presented to the to the community board. We actually had an opportunity to present a few times and they seem very receptive and welcoming this, you know, this operation and the business that we would be bringing there.

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Thank you, Frank. If there are any questions, we're happy to take those now.

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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 our attorney Hillary Emerson

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not at this time Mr. Chair

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questions or comments from the virtual audience

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Chair we have Mary Ann Benner

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they have been unmuted and allowed to speak

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good morning could you please state your name

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and spell for the court stenographer

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Good morning, Mary Ann Benner, M-A-R-Y, capital A-N-N-E, Benner, B-E-N-N-E-R. I'm one of the board members for the Millbrook Pacific Association.

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

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I do.

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Please proceed.

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Just wanted to say we welcome them as our neighbor, but I do understand also that, again, it's been a three-year variance.

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just want to make sure that that's in the record i don't believe it's listed on the letter

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all right thank you thank you very much we appreciate that is there anyone else in the

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virtual audience chair we have alice udovich they have been unmuted and allowed to speak

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good morning good morning good morning chairman members of the board state your name and spell

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for the court sonography sure alice udovich a-l-i-c-e last name is u-d-o-v-i-c-h

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on behalf of councilman brian o'neill you swear a firm to tell the truth the whole truth and nothing

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about the truth i do please proceed thank you chairman um i just wanted to uh reiterate that

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the councilman would if this uh board does in fact grant this variance that they do uh

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do a temporary three-year variance um i believe the client um is not opposed to that as well

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Thank you very much for calling, Alice.

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We appreciate it.

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Is there anyone else in the virtual audience?

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I see the heads this time.

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Planning Commission.

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Yes, this is around Bednar City Planning.

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Properties indicated for audio-oriented commercial mixed use on the city plan.

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Given the documented use history and the physical circumstances of the site, we have no objection to the granting of variance.

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Thank you.

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So MI 2023-003-956, 1818 Franklin Mills Circle, I vote yes with proviso.

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18-18 Franklin Mills Circle. I vote yes with proviso. Temporary variance expires 3-19-27.

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Thomas Holloman. My vote is yes with proviso. James Snell. My vote is yes with proviso.

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Ishmael Shahid. My vote is yes with proviso. Thank you, counsel. Thank you very much.

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number eight mi2023006051 2547 north marston street henry langsom is the attorney we do not

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have an rco letters at this point applicant has given us a position of 20 neighbors

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in the 2,500 block of North Marston.

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Mr. Langston.

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Mr. Langston is coming back in as a panelist now, Chair.

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Good morning, Mr. Langston.

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Good morning, Mr. Langston.

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good morning good morning sorry all right could you state your name please and spell for the

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court stenographer henry langson h-e-n-r-y-l-a-n-g-s-a-n do you swear or firm to tell the

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truth the whole truth and nothing but the truth i do could you identify your client in the

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