civus
Hearing video

ZBA Hearing - November 19, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 19, 20242h 21m

Good morning, Amy Wood with the Planning Commission, A-M-Y-B-O-Y-D.

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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.

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The Comprehensive Plan recommends no change in zoning at this location from the existing residential single-family RSA 5.

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The Appellant has not demonstrated that there are unique physical circumstances or conditions that would prevent the property from being used in conformance with the zoning code.

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The Planning Commission recommends that the Board deny the requested variance for visitor accommodation.

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MI 2024-005-782-916-WestFisher. I vote yes for a temporary variance that expires 12-1-27.

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Michael Johns, my vote is yes with proviso.

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Snedag Graham, my vote is yes with proviso.

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Iowyn, my vote is yes with proviso.

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ishmael shaheed my vote is yes with proviso thank you thank you council

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um number six mi 2024 003 295 229 west roosevelt boulevard abdullah ali akmad johnny are the

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listed owners.

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There's a letter of unanimous support

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There's a letter of unanimous support from the 42nd Ward RCO with the following, no household living in the basement.

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from

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Councilperson Bass has taken a position of non-opposition.

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Abdullah Ali.

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Ahmed Jani has been promoted to panelist.

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Thank you.

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

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My name is Ahmed Jani, A-H-M-E-D, last name J-O-N-N-Y.

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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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This application is for use as a two-family household living in an existing structure.

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The proposed use two-family household living is prohibited in the RSA 5 zoning district.

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Our vice chair has a few questions for you, sir.

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Good morning, sir.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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Yes, I did.

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Thank you, sir.

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please proceed and share your screen all right 2013 i purchased this property from the sheriff

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so you gotta share your screen sir it's a green button at the bottom of the screen

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um we're doing it on the phone we don't have a webcam i have the photos of the property on

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my phone here i can show this is the property in question with the sign posted in front

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in compliance with the...

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Wait a minute, sir.

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Sir, wait a minute, please.

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So, are you

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the owner?

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You filed it.

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He's the owner, Johnny. So, he's the one

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that has to testify.

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So, the issue would be is

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if he can do that, I think it's going to be

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difficult to do this on the phone.

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I uploaded everything

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more than a month ago

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and I thought

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you guys should have all the documents.

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Well, we have it, but you have to present your case using your documents.

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So if you can do that on the phone, please try, but I think you're going to need a computer.

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Well, this is the, I'm the one who's supposed to talk.

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Okay, I don't know if you see the post right here in front of the property.

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See the post.

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Yeah.

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Hillary, can we get through with this?

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um i just had a question um mr johnny what what are you using you said you're on the phone but i

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see uh a camera do you have you have a screen that you can you can share like how are you on the zoom

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i am through my phone okay can you if the video is through your phone sorry can you still hear me

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yeah okay um if the video is it's through your phone are you able to go to your documents on

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your phone and then share them let me see if I could do that

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yeah we see it we it's it's visible yep okay okay move on we see that okay so this is the first

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page yes okay that's uh the refusal that's the refusal yeah okay steve and that's the appeal

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yeah

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and that's the description

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of what happened

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in 2013 which is

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the application for appeal

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and that's when I purchased the property

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in 2013 from the sheriff's

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sale it was an existing duplex

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and I pulled a permit to

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renovate the property a city inspector

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was on site and

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never mentioned

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to me this is a single family

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house. So we got

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approved and we finished the project

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and it's been rented for a low income

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in 2015.

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And that's the deed.

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That's the sheriff's sale, the purchase, the property,

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the date, the price.

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We have an updated one of these.

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Okay.

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Excuse me, this is the court reporter. Could I please

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have the name of the other gentleman

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who's speaking?

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Is my son Ali Johnny?

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Hi, my name is Ali Johnny, A-L-I Johnny, J-O-N-N-Y.

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Hi, my name is Ali, Johnny, A-L-I, Johnny, J-O-N-N-Y.

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Thank you.

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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, sir, I do.

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But your father's going to have to testify, okay?

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No problem, sir.

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Okay.

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So, he has to receive the certificate of compliance.

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and that's the sheriff documentation that purchases and this is my tax the clearance

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as you see it you have do you have pictures what we could use could you show us photos of the

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property yes

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i'm not really familiar with the high tech so that's why my son is here to help me with that

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It's okay.

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do you see it we do do you have photos of inside the property yes i do

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OK, just one second.

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Can I show them?

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Is it the outside?

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No, the inside is the property.

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Right there.

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OK.

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That's the staircase.

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Can you do the same thing we did on the share?

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Yeah.

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That's the inside.

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What else?

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That's all I have because I requested the staircase on the inside of the property.

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I don't have no picture because it's occupied.

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We still need to know what the inside of the property looks like and how it's structured.

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I see.

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Just one second.

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I might have an older picture.

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There's a two-bedroom, each apartment.

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I'm still looking through my photos.

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So, Hillary, I don't believe they have any photos.

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I see the note you had put before about just the stairs to the second unit.

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I think we're going to have to do a resumptive hearing

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on this, Hillary

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Okay, Mr. Chair

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So what we'll do is have a resumptive hearing

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You're going to have to come back

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showing us photos on how the first and second

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how it's laid out, take pictures of it

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and show us what you have, okay

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So we're going to have a resumptive hearing for this

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so we will be in touch with you when that hearing is but you have to get to us the

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photos of the inside first okay so the same the way you sent things in before you need to do it

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again okay so all the documents that i have sent before i have to submit again

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how do we have his documents or they would they be good or do you need them again all that all that

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he would need to do is submit interior photos and then he'll need to to repost the property and

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if his depending on when he comes back his tax clearance has run out we'll need an updated tax

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clearance so that's it you don't need to resubmit your entire exhibit package again

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okay sir okay all right thank you mr chair at that time i assume you you take uh public comment

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and the recommendation of the Planning Commission?

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Absolutely.

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Okay.

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All right.

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Thank you, Mr. Chair.

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Thank you.

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Thank you.

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I'm going to go to number four.

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Number four.

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MI 2024-001813.

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MI 2024-001-813-5025 North Fish Street.

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This is a resumptive hearing.

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Cesar Loya-Revacha.

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Hello?

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

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Hey, how are you doing? My name is Cesar Loya-Grijalva.

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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, I do.

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Okay, so here's our updates for this hearing.

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There's amended refusal now dated 10-22-24. We've received that.

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There's proof of posting received.

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There is an updated tax compliance. Am I correct?

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Yes.

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councilperson bass has taken a position of non-opposition

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hillary that's our update

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okay

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hillary

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yes i'm sorry mr chair can you hear me now

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i can't we're good so that's our update

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What we need now is public good comments.

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Well, yes, and just note for the record that the refusal has been updated so that the request of commercial uses are business and professional office and retail sales of consumer goods.

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Yes, very much.

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Thank you very much.

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Questions or comments from the virtual audience?

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change to the RSA 5 residential single-family zoning at this location.

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This row home has a documented history of retail use on the ground floor.

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The Planning Commission recommends that the Board grant the proposed use variance for commercial use and multiple principal uses.

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Thank you. MI 2024-001-813-5025 North 5th Street. I vote yes per amended refusal, dated 10-22-24.

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Michael Johns, my vote is yes with amended refusal.

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Senator Graham, my vote is yes per amended refusal.

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my vote is yes per amended refusal

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okay hillary we'll go to number five

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yes mr chair okay mi 2024 002 410 29 13 to 15 kendington avenue michael phillips is the attorney

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This is a resumptive hearing.

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We do have an opposition from the RCO and an opposition from council, including four council people have signed.

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And there's numerous letters of support.

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Good morning, Mr. Phillips.

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Good morning, Mr. Chair, members of the board, Michael Phillips, on behalf of Prevention Point Philadelphia, P-H-I-L-L-I-P-S.

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We're affirmed to tell the truth, the whole truth, and nothing but the truth.

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I do.

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So my understanding of where we are with this, we're going to open this up to public comment. Am I correct?

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yes at the uh last hearing uh we concluded our case in chief uh for and we put on our

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proof for special exception i believe we concluded with uh opening up to the public

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um hillary you agree with that yes opening up to the public and the recommendation of

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