civus
Hearing video

ZBA Hearing - January 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 17, 20244h 32m

The proposed use is for a fraternal organization. Specifically, my client is one of the chairs for the First Word Italian American Club. It is not a fraternity, but more of a social club that convenes at the property. Previously, they were located at 632 Tasker Street. However, they have since moved, and they're looking to continue use of the property at 1537 South 6th Street along the lower level and first floor.

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As I mentioned previously, there was a permit that was issued in 2019 for the exact same use

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for the fraternal organization. However, my client had some issues with his health as well as just

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pulling all the permits in a timely manner. So the permit did in fact lapse and now we are

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requesting that the board honor the same use for this property. We did meet with the community on

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On November 21, at 6 p.m., we received unanimous support for the project, as you can see here.

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Dickinson Square West Abik Association hosted that particular community meeting.

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And here we have photos of the interior of the property along the cellar

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and the first floor where the organization would have their meeting, as well as a photo of the posting of the property.

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and i apologize for the quality here i think this better photos a little bit better just

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along six year views go to the property again we are using the first floor as well as the lower

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level for that proposed use of the social club for first word italian american club

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and here we have a view of the side of the property

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along tasker street to the left and tasker street to the right

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And this is also another photo along Tasker Street.

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And we did provide notice of the community meeting.

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We sent that out on November 14th.

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And again, the community expressed resounding support for this particular project, a copy of the refusal.

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Again, we're just looking to have the same use that was previously granted by this board in 2019,

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which is that of a fraternal organization on the first floor and lower level with the existing uses to remain.

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A list of the properties that were notified of the community meeting that was held on

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November 21st, our certificate of mailing showing that we did, in fact, send out that

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notice for the meeting, our application for appeal, which also provided a copy of the

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refusal, and the deed to the property showing that my client, Jerry DeZoseph or Gerardo DeZoseph

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who actually owns this property,

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our project information form,

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the application for appeal again,

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and our certificate of tax clearance.

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So with that, if I could have my client Jerry raise his hand

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so that he may about my presentation, excuse me.

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Jerry DeJoseph has been unmuted and allowed to speak.

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

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Mr. DeJoseph?

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I believe he may be calling in, so he has to unmute himself.

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i believe he may be calling in so he has to unmute himself but if the court would like i can

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stipulate for the accuracy how's that that well that's fine could you state your name please and

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spell for the court stenographer gerardo de joseph g-e-r-a-r-d-o de joseph d-i-j-o-s-e-p-h

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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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Absolutely.

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Proceed, counsel.

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Thank you.

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Jerry, did you hear my presentation today in its entirety?

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Yes, I did.

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And is it true and correct?

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Yes, it is.

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Would you adopt it as your own testimony?

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Yes.

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Thank you.

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Questions from the board.

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Hello, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Anderson?

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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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I see no hands, Chair.

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Planning Commission.

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Thank you, Chairman, and good afternoon, Dave DeTecto.

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With the City Planning Commission, Chairman and Board members, the comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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This property appears to have a history of use as a fraternal organization.

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The City Planning Commission recommends that the Board grant a proposed use variance for a fraternal organization.

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MI 2023-005-888-1537-South 6th Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Counsel.

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Thank you.

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Number 13, MI-2023-005-889-411618 Chester Avenue.

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Darwin Beauvais is the attorney.

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There's a letter of support from the Spruce Hill Community Association,

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and Councilmember Gauthier strongly supports the special exception requested at this location.

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Darwin Beauvais is coming back in as a panelist now, Chair.

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Thank you.

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

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gladly the darwin bovay darwin d-a-r-w-i-n bovay is b as in boy e a u v as in victory a i s

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as in do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do would you identify your client the relationship to this property yes um we are

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are looking for sabrina tate the executive director of fabashi and our vice chair has just a few

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questions good afternoon council do you agree to waive the reading of the refusal or stipulate to

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its accuracy i do have you emailed in all the required documents and exhibits that is needed

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and required to proceed with this case thank you please proceed and share your screen great let me

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Okay, good afternoon members of the board, Mr. Chairman, before you is an application for a special exception to use the property at 4116-18 Chester Avenue as a free medical clinic.

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clinic. Present with me today is Babashi, Transition to Hope, a respected non-profit organization

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committed to enhancing the health and well-being of the Philadelphia community, which acts as a

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beacon of hope and support, offering health screenings, case management services, and vital

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education for the LGBTQIA community, as well as all of Philadelphia. Now, by way of further

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background, Babashi, based in Philadelphia, plays a crucial role in enhancing the health

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and overall well-being of Black and brown communities. Now, we do have exhibits here

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from 1 through 15, including our referral, tax clearance, lease, zoning application,

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the background information, floor plans, photographs, our letters of support, our

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certificate of mailings, but right now I would like the board to see our background, Exhibit

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5. We can get there a lot sooner. So, Exhibit 5, this is Babashi. Now, their mission is

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Now, their mission is centered on providing access to culturally sensitive, high quality health care to HIV individuals, as well as provide health education and social services.

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centered on providing access to culturally sensitive

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Babashi offers a range of services, including medical case management for HIV-positive individuals, health screenings, support groups, prevention education, hunger relief, and nutritional support for the surrounding community, as well as the transgender and LGBTQ community.

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The organization has also expanded its programming to address the evolving needs of its clients, which include hunger relief services and programming for its participants.

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Babashi is dedicated to being a comprehensive health and wellness organization for disenfranchised communities and people of color across the Philadelphia region.

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Now, we did receive one zoning referral for group medical office, which requires a special inception.

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Now, in hopes of a favorable decision, I would like the board to take notice of Exhibit 10, where we will start, which is on page 93.

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83.

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This is the property in question. We have Chester Avenue here. We have 41st Street. We have Woodland Avenue along here. This is where the building sits. It's huge. There's off-street parking, and it's mainly commercial uses here.

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here. Also, I would like the board to note our floor plans, or rather the interiors.

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Let's look at that. We are looking to occupy the first and third floors. This is how it

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looks right now, as well as the third floor. Now, what we plan on doing, I believe we are

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It needs to be at page 63.

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Here's our floor plans.

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In essence, what we're looking to provide on the first floor is a food pantry, a teaching

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kitchen slash cafe, a set of offices for prevention programs, a medical case management

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office and set of offices. We're going to provide mental health services on this floor. We're going

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to also provide a pharmacy as well as a wellness center that would include private offices, exam

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rooms, and lab rooms. We're going to also have something that's unique in the city, a trans

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necessities boutique. Basically, we'll be able to offer a clothing store. And we will also have a

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reception area with privacy for phone use. Our third floor will be reserved for administrative

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offices. We will have open space where people can sit and wait. We will also have a multi-purpose

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room as well as general storage and a kitchenette for the staff as well as conference room.

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Now, given our proposed use, we submit our application aligns with the criteria

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for a special exception under the code, specifically Title 14, Section 303.7e.

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And the reason why we say that, because one, we have no increase in congestion because the location

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And our plans are designed to ensure smooth access without adding any traffic burdens, as you can see evidence from the huge structure that fronts two streets.

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We also believe that we're not creating any overcrowding of the land.

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Why? Because we're not expanding the building's footprint.

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The current structure is well-equipped to handle us.

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You saw the off-street parking.

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You see the empty offices that are there now.

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So we suggest that there's no overcrowding.

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Furthermore, our operations won't impair light or air because we're maintaining the existing structure.

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We're not going outside those walls, so we're not creating any additional burdens in that sense.

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any additional burdens in that sense. Moreover, we have no burden on public facilities because

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Moreover, we have no burden on public.

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we are self-contained. We're already in an existing structure and that's fully capable

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of handling the use. And also we have safety and health enhancements because

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we are on the corner property. We are creating additional activity, which is also centered around

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additional services that hasn't been in this area for quite some time, albeit that we are near the

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VA hospital and as well as, I believe, other medical facilities. Now, with that said,

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I'm pleased to report that on November 16, 2023, we did meet with the local RCA, Spruce Hill Civic Association, and they did support us.

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And with that, we conclude that this special exception not only meets the zoning code requirements, but it also embodies the spirit of community welfare and health enhancement that this city has championed for years.

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And with that, we respectfully urge the board to grant this, enabling Babashi to continue its vital work for our community.

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Now, with that said, I would like the board to identify Sabrina Tate, if she can raise her virtual hand.

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I would like for her to adopt my statements as her testimony.

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Sabrina Tate has been unmuted and allowed to speak.

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

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I'm Sabrina Tate, S-E-B-R-I-N-A, last name, excuse me, T-A-T-E.

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Right. 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, counsel.

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Sabrina, did you hear everything that I stated to the board today?

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Yes, I did.

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Oh, and what is your position?

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i'm sorry i'm the president and ceo of uh babashi transition to hope okay and hearing my statements

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that i made to the board today would you adopt that as your testimony yes all right mr chairman

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members of the board thank you include my presentation i'll open myself up for any

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questions all right questions from the board no mr chairman no chair chair no chair questions or

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comments from our attorney, Hilary Anderson? Not at this time, Mr. Chair. Hilary, a quick question.

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Would this be the first and third floor only? Yes. We can limit the use to those floors if

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that is amenable to counsel the applicant. Is that okay? Dorman? We have no plan for expansion

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at this time and and we will have to work with the landlord in order to fix and if that's the

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case we will have to come back anyway okay thank you um questions or comments from the virtual

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audience i see no hands right now chair all right planning commission thank you chair bergman and

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good afternoon david educto with the city planning commission chairman and board members the

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comprehensive plan recommends no change to the commercial mixed use zoning at this location

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the appellant has shown that the proposed general practitioner will have no detrimental impacts to

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the neighborhood beyond what might be expected the city planning commission recommends the board

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grant a proposed special exception for a general practitioner thank you MI 2023-005-889-4116-18

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Chester Avenue I vote yes with proviso first and third floor only Thomas Holloman my vote is yes

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with proviso. James Snell, my vote is yes with proviso. Ishmael Shahid, my vote is yes with

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proviso. Thank you, counsel. Thank you. Good to see everyone. Happy New Year. Thank you.

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Is there anyone in the virtual audience whose 2 p.m. case has not been called?

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I see no hands, chair. All right, so we're going to take a five-minute break and then we'll come

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back and we'll finish up the afternoon list. Thank you. Thank you, Chair.

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Good afternoon, everyone. My name is Bill Bergman and I will be chairing the 330 CBA hearings.

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With me as our Vice Chair, Ismail Shahid. President, Mr. Chairman. Our board member,

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Thomas Holloman. President, Mr. Chairman. Board member, James Snell. President, Chair.

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Present, Chair.

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Also with us is Hillary Emerson, our attorney.

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Also with us is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's our virtual format.

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Be advised the proceedings are being recorded.

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The video will be available by contacting TanyaSunkett at phil.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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If you're participating 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 of the property in question.

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

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

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Let's look at our schedule for this afternoon.

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Number two, MI 2023-003-755-474 Harlan Street, that case has been continued.

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Number four, MI20230037927320 Montour Street, that case has been continued.

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And number eight, MI 2023-004-268-6600 Lansdale Avenue, that case has been continued.

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Also, look at number, case number seven, MI 2023-003-791-722 North Shedwick Street.

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Is the attorney for that case present, or is the owner present, Serge Faggio?

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Good afternoon, Chair. I see no hands at this time.

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Okay, so MI 2023-003-791-722 North Shedwick Street, that case is continued. Mark must be heard.

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Are there any other requests for continuance or any comments about the cases we have continued?

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I see no hands at this time, Chair.

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Thank you.

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We're going to go to our main list, and we're going to hear number one and five together.

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Number one, MI 2023-003-752-6103 Callahill Street.

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Tameka McCoy is the attorney.

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And number five, MI 2023-003-751-6101 Callahill Street.

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Tameka McCoy is also the attorney.

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There's a letter of support from HMC Squared with Proviso.

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