civus
Hearing video

ZBA Hearing - January 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 31, 20244h 17m

Counsel, before I give it, so to clarify, right now this has a variance until 2026. Am I correct?

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Right now, I didn't look at it.

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It says current lease term expires December 30th, 2026.

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Yes, yes, the lease.

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Yes, Mr. Chair, that's the lease.

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Yes, Mr. Chair, there's not a current variant.

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There's no current variants on the property.

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You want the variants to go to 2029, am I correct?

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Yes, because I believe there's an extension contemplated.

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To put the investment in for my client, less than five years would be too short of the term.

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All right, good.

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All right, thank you.

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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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Hi, Mr. Chair, I'm sorry.

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This is Tanya.

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may I respectfully request

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that we get the spelling

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of her name just to have it

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on record sir

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who is Jans

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yes please

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hi could you

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spell your name one more time please

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you have to unmute

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Jan could you unmute

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please

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can you hear me

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yes please proceed okay so last name is z h u z as zebra h as hotel u as university

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all right thank you very much thank you questions or comments from our attorney

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not at this time mr chair questions or comments from the virtual audience

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there are no hands chair planning commission thank you chair bergman and good afternoon david

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effecto with the city planning commission chairman and board members the comprehensive plan recommends

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no change to the commercial mixed use zoning at this location the proposal is to change the

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parking lot to accommodate car parking versus the previous bus parking parking lots are prohibited

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in the current commercial mixed-use five zoning district

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and the appellant requests permission

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not to meet the required drive aisle width.

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The City Planning Commission recommends

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the board grant the proposed use

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and dimensional variances

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with a condition for a five-year temporary variance.

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Thank you.

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MI 2023-004-108-1018-24 Art Street.

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I vote yes with proviso.

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So, temporary variance expires 1-31-29.

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Thomas Holliman, my vote is yes with the proviso.

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James Snell, my vote is yes with proviso.

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Counsel, could you please stay on?

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You have your votes, by the way.

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Thank you.

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Thank you.

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So, number 18 is MI 2023-004-441-1543 Morris Street.

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Counsel, just for the record, state your name.

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Yes, Zen Jin, Z-H-E-N-J-I-N.

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And could you identify your client and the relationship to this property?

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Yes, my client is Mr. Iwan Santoso, who is the owner of the property.

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All right, and there's a letter of support from East Point Breeze neighbors.

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Mr. Holloman has a few questions.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Did you email all of the exhibits and documents as required five days in advance to this hearing?

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Yes.

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Thank you.

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Please proceed and share your screen.

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Thank you.

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I will share with the board what was previously submitted as our exhibit.

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So can the board see my exhibit?

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We can.

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Thank you.

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So we submitted the following items in our exhibit.

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Refusal, Letter of Support, Photos, Plans, and Related Documentation. This is an application

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This is an application for use of a corner property at 1543 Moore Street as a proposed sit-down restaurant with an existing single-family dwelling above.

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for use of a corner property.

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Because it is Zone CMX1, the proposed use, eating and drinking establishment sit-down restaurant is prohibited.

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When we met with the community, we met with overwhelming support for this proposal.

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My client is very active in the community.

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he actually owns a business in the community that's well-liked. This is going to be an ethnic

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style restaurant, and he will be operating and managing it. The neighbors love him, so they know

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that he has made improvements to the property, that he is someone who will take care of the

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surroundings of the property. And these kind of boutique corner restaurants are not uncommon in

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that area of Philadelphia. So we were met with support for the requested restaurant use. There

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There are no real specific concerns raised by the community, but we are doing what is normal for restaurant use.

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We're going to make sure that venting goes up, that trash would be controlled and managed inside.

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He already has doors on the sidewalk, the Velcro doors, to allow the supplies to be brought in.

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And the building itself does have an existing storage area in the back, which allows trash and other things to be maintained indoors.

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The plans is pretty straightforward. The first floor only will be a restaurant. It's kind of a bar and table seating.

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It is not expected to have heavy volume. Again, it's a small restaurant that will serve the local community,

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which incidentally has a lot of residents

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who are of the same ethnicity

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and they're looking forward to the food

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that he would be providing.

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So that is why we're asking for the board

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for a variance for this particular location.

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It is a large enough space that we believe

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would fit the use

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and would not cause a detriment to the community.

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If there are any questions from the board,

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I'd be happy to redirect any part of the exhibit

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or answer any questions.

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And my client should be here to verify my testimony.

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why don't we bring your client on to verify your testimony sure uh mr santoso can you raise your

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hand virtually please good morning good morning could you state your name please and spell for

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my name is iwan santoso i-w-a-n last name s-a-n-t-o-s-o right do you swear or affirm to

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tell the truth the whole truth nothing but the truth yes i do please proceed counsel thank you

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mr santoso did you see my uh presentation on your screen and hear my representation to the

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zoning board yes can you verify what i have represented is true and correct and adopt and

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adopt it as your own testimony yes i do thank you questions from the board no mr chairman

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no chair questions or comments from our attorney hillary emberson

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not at this time mr chair questions or comments from the virtual audience

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no hands chair planning commission thank you chair bergman and good afternoon david effecta

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with the city planning commission chairman and board members the comprehensive plan recommends

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no change to the commercial mixed use zoning at this location there is no unique physical

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condition or circumstance of this property that would prevent it from being used in conformance

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with the zoning code. The City Planning Commission recommends the board deny the proposed use

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variance for eating and drinking establishment sit-down restaurant. Thank you. MI 2023-004-441-1543

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Morris Street, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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You have your votes, counsel. Thank you. Have a good day, everyone. Thank you. Is there anyone in the virtual audience, the 930 case that they were here for was not called?

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No hands, Chair. All right. Thank you, everyone. See you at 2 p.m.

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All righty. Thank you.

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good afternoon everyone my name is good afternoon everyone my name is bill bergman

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and i will be chairing this afternoon's eba hearings with me is our vice chair ismail shaheed

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president mr chairman our board member thomas holliman president mr chairman and our board

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member james snell president mr chairman thank you also present is our attorney hillary emerson

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and our executive director, Tanya Sunkit.

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Here's our virtual format.

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Be advised that proceedings are being recorded.

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Video will be available by contacting

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tanyasunkit at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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For the benefit of our court stenographer,

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If you wish to participate by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and address to the property in question.

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And finally, the question answer box on the screen is not for comments or testimony.

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

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Let's look at our schedule for this afternoon.

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Number one, MI 2023-006-215-610 South Front Street.

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That case is continued.

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Be great with you.

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Number four, MI 2023-006-173-6812 Ogons Avenue, that case is continued.

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Number six, MI 2023-006-339-1706 Walnut Street, that case is continued.

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Number eight, MI 2023-006-174-2036 Spruce Street.

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That case is continued.

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Number 12, MI 2023-006-126-706-08 Porter Street.

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That case is continued.

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And number 14, MI-2023-006-168-1708 Walnut Street.

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Those cases have all been continued.

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Anyone who has a comment relative to those cases or would like to request a continuance, please raise your hand.

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I see no hands, Chair.

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Thank you.

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I also have two cases that have been withdrawn.

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I'm sorry, Chair.

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Excuse me.

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A hand went up.

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Last four numbers, 3552.

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Okay.

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I will allow her to speak.

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Sure.

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Hello?

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Hello.

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Hi, could you state your name, please, and spelled for the court stenographer?

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Yes, Adrienne Fernandez.

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My last name is spelled F-E-R-N-A-N-D-E-Z.

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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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Yes.

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Adrienne, what case are you interested in?

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I just have a question about 3113 North 16th Street, whether it was dismissed or continued.

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Let me see here.

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Okay.

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what number is that guys adrian what was the address again

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3100 north 16th i think she said it's 3113 north 16th street but it is a 330 case is what i'm

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asking okay no all right no we have we haven't got that list yet thank you

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okay so we're going to go with we have two cases that have been withdrawn

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number seven mi 2023 004 699 2113 to 29 argan avenue that case has been withdrawn

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and number 11, MI-2023-003-505-2113-29-Argonado.

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That case has been withdrawn.

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We're going to go to our add-on list.

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MI 2023

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006

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087

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1017 to 21

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East Palmer Street

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One minute

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At the request of the applicant and with the support of the coordinating RCO, the vote in this matter is being postponed to a later date as the parties plan to meet again to discuss changes to the project.

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as the parties plan to meet again to discuss changes to the project.

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Number two, MI 2023-002-942-1546-48 South 20th Street, I vote no.

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Thomas Holloman, my vote is no.

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James Snell, my vote is no.

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This no, Shahid, my vote is no.

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Thank you.

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We're going to go to case two and we're going to hear along with case number 16.

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Case two, MI 2023-006-166-1301 West Venango Street.

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And number 16 is MI 2023-006-163-1303-05 West Venango Street.

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Joseph Consul is the attorney for both cases.

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There is a letter of support from Nicetown Tioga Improvement Team with unenforceable provisos, but a unanimous vote on both cases.

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Mr. Consul.

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Good afternoon, board.

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