civus
Hearing video

ZBA Hearing - October 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20266h 49m

Questions from the board?

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Not a question, just a comment.

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This is I, too.

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It's not there, anything.

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Anybody?

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I don't understand why we need to have, you know, I mean, if the type of use

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that you would have in that i too we completely we are aligned yeah yeah but they want to come

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here right that's right that's just a question to the choir i'm sure but questions or comments

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from our attorney no questions questions or comments from the virtual audience

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virtual audience no hands chair planning commission good evening liz fuselay on behalf

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of the philadelphia planning commission comprehensive plan recommended a change in

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zoning from i2 medium industrial to i1 light industrial and was rezoned in a council supported

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map change in 2017. the proposed use does not align with the district plan effort to be reserved

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for employment generating uses the applicant has not shown that granting of a special exception

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will align with the comprehensive plan of the city the planning commission recommends the

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board deny the requested special exception for the proposed use of junk and salvage yards and

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buildings. Thank you. MI 2026-004-145-6745-95 New State Road. I vote yes. Michael Johns. My vote

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is yes. Gerald Gaston. My vote is yes. Teneda Graham. My vote is yes. Ryan McAdams. My vote

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is yes. Ryan Wynn. My vote is yes. Layla Beebe. My vote is yes. Thank you, counsel. So everybody

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We're going to take a five-minute break, and we never take more than five minutes.

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We have two more cases left here and then one case on the 330 list.

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Thank you.

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Number 18, MI20260041975728FlorenceAvenue.

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Joseph Consul is the attorney.

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Joseph, have been promoted to panelists.

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Thank you.

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Hey, Ward.

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Mr. Council, you've been here several times a day, so you don't have to be sworn.

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Just for the record, state your name.

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Joseph Council.

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Could you identify your client and relationship to the property?

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Yeah, my client is Mr. Wayne Tompkins.

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He's the owner of the property.

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And so you have unanimous support from the 51st Democratic Ward RCO.

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Yes, we do.

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The vice chair has a few questions.

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Good evening.

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Have you submitted your documents and exhibits 14 days in advance of this hearing?

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Yes, we have.

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And do you weigh the reading of your refusal and stipulate to its accuracy?

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Yes.

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All right.

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Thank you.

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You can share your screen and begin.

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All right.

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All right.

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We are here on 5728 Florence Avenue.

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With me on the call is the owner, Wayne Tompkins.

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Let me get to the refusal.

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Here it is.

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Two-family household living prohibited in the RSA 5 residential zoning district.

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This property has been in my client's family for a couple of generations.

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He inherited it.

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And I'll go through everything, but in the 1940s, was approved and built as a two-unit.

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in the 1990s, I believe 1997, the owner, which is his great aunt, applied to down zone it to a

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single family, but she never changed the inside of it. It was her and my client and his family

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living in the two units. And so just to avoid it being a commercial property, it was down zoned in

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1997 technically and so in order to get approved uh for a two-family again because now my client

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owns it and he's going to seek to rent it out he needs to get the approval from the board

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so that's that's the the gist of it i'll now go through my documents

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the application

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looking at the records going back to the 1940s the approval 1949 for two units

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there's several documents

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that mention the two-unit approval

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two families

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plumbing for two families approved 1949

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Plumbing for two families approved, 1949.

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Actually, there's 1997, but I think in 2013, it was also approved again for a single family.

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So maybe I had that year wrong.

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In 2013, I guess it was down-zoned.

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Apologize for that.

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Oh, wait, nope, 1997.

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Two to one.

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At that time, zoned RM1.

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The deed to my client from Wayne Tompkins.

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My client, also Wayne Tompkins.

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We have unanimous support from the 51st Democratic Ward RCO.

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Me and Mr. Tompkins met with them.

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It was a good meeting.

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People remember his family and support the project.

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Proof of mailing.

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I put that in there twice.

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Proof of posting.

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We'll get to the photos.

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all right property photographs external

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rear that does have one parking space

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that's not the most attractive photo

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there was only one meter

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but I

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as I understand it from my client

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that was just part of

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when they down zoned it

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they went down to one meter

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in the 90s

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some external photos

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we'll get to the two internal units

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there's the entrance

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showing the entrance to both units

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first one's on the left

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and the second one's up the stairs

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on the lower level, lower level kitchen, kitchen, kitchen, kitchen, hallway,

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one of the rooms.

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Downstairs, bathroom.

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Is that the second floor with a kitchen, too?

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Bully, yeah, that appears to be the second floor.

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My client can confirm, but yeah, looks different.

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Living room.

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Now we're up the stairs.

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Oh, actually, no, that's the second-floor kitchen.

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You can tell it's a little more modern.

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Kind of got a blue motif.

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Sideways photo.

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Let's see if I can flip it.

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All right, go.

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Here we go, here we go.

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I wonder if that's a little different.

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Dancing on the ceiling.

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Alright, here's the upstairs bathroom

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Yeah, it definitely has a different motif than the downstairs

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I'll get it going again

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Closet

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Someone in my office is going to get fired

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For making me work too hard

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Here's the kitchen

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Let's check the floor kitchen, right?

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Yeah, it's got

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But yeah, you can tell it was like more of a modern vibe

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and the whole upstairs and the tax clearance.

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So with that, I'll call my client.

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Sure.

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Wayne Tompkins, could you raise your virtual hand?

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He's coming back in as a panelist, isn't he?

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Good evening, everyone.

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Good evening, sir.

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

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state and spell your name for the stenographer sure will wayne tomkins w-a-y-n-e t-o-m p as in

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Sure will.

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Wayne Tompkins.

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park k-i-n-s little initial t as in tom do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do counsel uh good evening wayne did you hear my testimony just now

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i did uh i know that you messaged me and said that i i misspoke that your intent is to get the

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rental license and and sell the property eventually is that accurate i don't want to misspeak for you

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um yes that's accurate okay uh besides that do you agree with my testimony and do you adopt it

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as your own i do okay nothing further open questions for the board joe before i give it

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to the board uh it looks to me like you were stored they're storing a trash in the front

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front of the property i i mean i think you might want to think about how you can correct that

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Wayne did you have a thought on trash storage

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It's just a regular

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Explain a little more when you say trash storage or trash in front

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Before I answer well often oftentimes the neighborhood does not

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Prefer to have trash stored on the street when it's not you know the evening before trash

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Day that that sort of thing and so

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Agreeing to keep the trash storage inside or out back or something like that is

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is um you know potentially all right you look okay i think you look at the trash can that was

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in the um right there okay that's inside the gate okay yes that trash can will be up up on the um

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on the porch all right questions from the board yeah is there a basement yes it is

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and what's what's happening with the basement is uh it's a finished basement with uh with a bathroom

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So who has use of the basement?

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Is it the first floor?

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Yes.

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Okay.

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And what can they use the basement for?

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You know, washing clothes, going to the bathroom, storage, anything like that.

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Is it a full bathroom in the basement?

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No, just a toilet.

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Okay.

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Thank you.

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Is there a garage in the back?

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Yes.

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There is a garage.

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there is a girl and who has access to the garage just the first floor unit is that

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yes that's correct

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other questions

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um our council please uh no questions at this time mr chairman comments from the virtual audience

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i see no hands chair planning commission good evening liz scusely on behalf of the philadelphia

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planning commission this property and the surrounding neighborhood were rezoned as rm1

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rm1 until 2019 when it was changed to rsa5 residential single family attached

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this property may have been used as a two-family home in 1997 and converted

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to a single family attached home in 2013 the granting of the variance is in harmony with the

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purpose in spirit of this zoning code the planning commission recommends the board grant the

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requested variance for two-family residential use at this location mi 2026 004 197 5728 of

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florence avenue i vote yes with proviso interior trash storage michael johnson my vote is yes with

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proviso cheryl gaston my vote is yes with proviso tenetta graham my vote is yes with proviso ryan

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mcadams my vote is yes with proviso i win my vote is yes with proviso layla baby my vote is yes with

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proviso thank you thank you uh uh council thanks guys have a good night

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good afternoon council could you please state and spell your name for the stenographer

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good evening andrea solomon a-n-d-r-e-a-s-a-l-o-m-o-m-o-n i do you swear or affirm to tell

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

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the relationship to the property yes my client is a s a a llc doing business as harlem shake

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uh the tenant for the subject property right and you have a letter of unanimous support from

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washington square civic and a letter of non-opposition from council member squilla

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Our vice chair has a few questions.

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Good evening.

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Have you submitted your documents and exhibits 14 days in advance of this hearing?

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We did.

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And do you weigh the reading of your referral and stipulate to its accuracy?

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I do.

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All right.

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Thank you.

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You can share your screen and proceed.

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