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Hearing video

ZBA Hearing - March 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 24, 20215h 56m

what i'm getting at wouldn't that cause more congestion with clients and customers it may

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it may it may but it's not 24 7 uh it the density about people living that many units in one may

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may not and look i don't know what the community would would if they would be even willing to

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accept that i just don't know i'm just trying to find a way of getting some this building back

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uh as a usable building and trying to address the concerns of the district councilwoman and

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her constituents uh so with that the questions from the board no no no no uh i'm going to suggest

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that uh yep i'm sorry if i may i have um one more person i apologize yep please

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and if you wish to testify please raise your hand

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hello can you hear me yes please identify yourself your name full name and address

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my name is sondra broadest um i am the president of a concerned community association that

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represents the area um we were originally ma'am hold on please sorry just okay spell your last

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name and give us your address. B-R-O-A-D-U-S and the address is 5801 Ogons Avenue. Do you swear and

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affirm to tell the truth, the whole truth, and nothing but the truth? I do. Thank you. Please

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proceed. A Concerned Community Association, ACCA, was originally the RCO of record. We had actually

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began a paper meeting, paper-based meeting, which is what our community does. I'm sure you're

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familiar with it at this point, in which we do ask the applicant questions, get all of their

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documents, and then respond to that. There was no other meeting. I don't know what other meetings

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the Mr. Anastasia was referring to. There were no other meetings except the attempted meeting

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by the council office because ACCA was unable to continue the meeting process so the council

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picked it up. We do not Zoom in our area for the reason that much of our community is seniors

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and many people do not Zoom. Proof, in fact, they conducted a Zoom hearing, a meeting, and it was not

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attended. But the RCO had already asked questions, all of the things that Mr. Anastagio says they

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were prepared to testify to. They did not submit any of that information to the RCO when we

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questioned them about their use of the project. There was no trash plan. There was no, you know,

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property manager, nothing, nothing about security. There was nothing like that submitted. Having said

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that, once they paper ballot paper fly at the neighbors, which is how they're used to hearing

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about zoning variances, there was a huge response and it was a negative response.

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Now, on the very next corner is a grocery store.

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It is at 16th and Negro.

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That is also the name of the local gang that basically...

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That is also the name of the local gang that basically has gunfighting and all kinds of,

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it had 30 teddy bears in front of it on the next corner.

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There's a mural on the following corner on Collin Avenue of one of the fallen gang members that they're honoring.

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That particular block with all the rental properties is one of the reasons why the block is in such disrepair.

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Across the street, a police car sits permanently every day.

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That's his job to get up and go into that police car and sit and babysit that location.

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On the next corner is a vacant lot with the weeds that grow up higher than human beings that the neighbors have to constantly tend to clean and take care of.

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The rental properties are nuisance properties. A rental property of this magnitude with four tenants in there would fuel the flames of nuisance in that area.

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and anyone who responded to that flyer can attest to the fact that they don't want to see another

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rental property, let alone one with four tenants in it. Just for clarification, ma'am, I need to

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interrupt you. The applicant has revised it to three units. And I'm not suggesting that you

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accept that. I just want you to be clear. It's for three units. Right. Everyone was contacted

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And they absolutely don't want that. It's not that we're not talking about the structure of the building and whether there's another structure that looks like it that's already zoned that way.

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we're talking about living conditions and the living condition on that block and in that entire

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vicinity but that block in particular is the nucleus of the gang activity in that community

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and a multi-rental property especially one that large would be a hangout it would be a place where

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people could sit on the steps come in and out of multiple doors in a place where the police are

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already babysitting the neighborhood the neighbors are not confused about why they said no they

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absolutely don't want this thank you anyone else testify something new and different

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mr chairman if i may just reply respectfully what typically attracts crime and um

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and disorder are things like blight and decay and this particular property has been blighted for

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20 years and the property right next to it has been blighted for 20 years. I would suggest and

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submit that a complete renovation of this property would actually help improve the conditions on the

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block and not be a detriment. The one question I have is, since your client is an out-of-state

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owner, who would be maintaining this property? There'll be a local in the neighborhood property

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management team and that property management company would be put on the facade of the property

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on both sides so that with the contact information like which is required of any property owner who

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doesn't live within the city of philadelphia limits again i think i asked but i'll ask again

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any questions from the board no no no commission yes this is um ron bednar city planning

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please spell your last name and i'll swear you on last name is bednar b-e-d-n-a-r

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yes we're the firm to tell the truth the whole truth nothing but the truth

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i do thank you please proceed property is indicated for single family residential use

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on the city plan i believe the applicant has not demonstrated necessary hardship regarding

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the requirements of the code the application is inappropriate overuse not consistent with our

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adopted district plan therefore we recommend the request of variance not be granted

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Okay, thank you. MI 2020-001436, 1446 West Nedrow Avenue, my vote is no.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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Tom, did Tom vote?

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My vote is yes.

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Okay, thank you.

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thank you all have a good evening all right take care of that neighborhood

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calendar number but where are we just got upset calendar number 3076 2614 ron street

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3076 2614 Ron Street there are no exhibits for this case and it's the first listing

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anyone here for 2614 Ron Street no hands no hands this was the first listing

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MI 2020-003076

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2614

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Wrong Street is continued.

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Calendar number 0383

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2810 Frankfurt Avenue.

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Billy Schwartz is the attorney.

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Before we go any further,

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we need to go back to

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Nedro

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and

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it was a revised plan, wasn't it?

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uh yeah from four to three yep so i think we need to go you guys i mean i voted no but you're

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going to have to go back and revote that um so it would is it a revised plan or

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maximum three units yeah put it in as maximum three units so both we have to vote that again

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I'll call it up. MI 2020, that's 001436, 1446 West Nedrow Avenue. My vote is no.

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My vote is yes with the maximum of three units. Yes with proviso. Yes with proviso. Yes with proviso.

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Okay, thank you. I'm sorry about that. Just realized. It's okay. Okay, so we're up to number

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7. 7. Calendar number 0383, 2810 Frankfurt Avenue.

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Mr. Schwartz.

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take it off of mute can you hear me now yes can you put your name and address on the record

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please and spell your last name yes it's uh william g schwartz uh at 1500 john f kennedy

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boulevard suite 900 philadelphia pa 19102 thank you do you swear or affirm to tell the whole truth

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nothing but the truth yes i do you also agree to waive the reading of the refusal and stipulate

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to its accuracy? No, ma'am. It's a referral. Did you agree to waive that and stipulate to its

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accuracy? Yes. Thank you. Have you emailed the exhibit packet with the required documents

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consisting of proof of ownership, tax compliance, refusal or referral, photos and or plans of the

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property five days in advance of today? And have you met with the RCO and do you have a letter?

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Yes, to all.

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Thank you.

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It's in our package.

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Okay, you may proceed.

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Thank you.

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Members of the board, I have with me today, this is an LLC, and I have the managing member of the LLC, Marie Gutierrez, and we'll call upon her a little later.

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at this time we're asking for the legalization of the use that's here which is for up to 12

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recovered addicts whether it's alcohol or drugs they're fully recovered and this is not

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a halfway house. However, they want to rejoin society and this provides them with housing,

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food, they can be located in employment and in a new residence. And again, it's free of

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charge. There's no money from the city. The future witness here, Maria Gutierrez, is a naturalized

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citizen. She was a doctor in Ecuador and the license wasn't transferable. She's a psychiatric

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nurse here in Philadelphia and she foots the entire bill for these people who

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are out of the residence out of her own pocket. As I said the use began in 2017

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and well aware of this use over the past four years and know what a credit it is

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and know what a credit it is to unity it's zoned rm5 in an industrial area you can see from the

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Unity. It's zoned

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RM5.

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photographs that we've submitted in our packet that uh it is an industrial area except for the

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three or so houses that that front uh on frankfurt avenue uh there are up to 12 rumors men only

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They're self-sustaining ex-addicts living here voluntarily, no court order, no drugs administered, and they live free of charge until placed in permanent employment and a new residence.

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The applicant, New Creations, is the genesis, as I said, of Maria E. Gutierrez, the managing member.

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as i said she is a former doctor from ecuador and is a naturalized citizen and practices as

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a psychiatric nurse the house was inspected for fire and by parr you can see their letter

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they inspect all houses for uh for recovered uh addicts that that are temporarily housed until

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they can be located in the community as tax-paying members of the community and their letters in our

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packet uh the uh you also have the letter from the communicating uh uh the coordinating rco

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uh which has approved this use and supported it the neighbors on both sides here are supporting

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this use. In conclusion, as stated in our appeal, under the numerous grounds for appeal,

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there is no detriment by this use in an existing building without change.

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And that concludes my testimony and I'd like to call Maria E Gutierrez to the screen if I can.

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hello

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hello

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can anyone hear me yes we can takes a while

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maria are you on yeah maria you want to come here please

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girl i have to sign off okay talk to you

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You're welcome.

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Bye-bye.

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Hello.

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Hi.

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Name and address, please.

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My name is Maria Gutierrez.

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Spell it.

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M-A-R-I-A.

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The last name G-U-T-I-E-R-R-E-Z.

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Can you give me your address, please?

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Your address.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes. Yes. Okay, you may proceed.

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Now, I ask you, Maria, you heard my testimony. Is it true and correct to the best of your knowledge,

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information and belief is it true so say so yes say it loudly yes you adopt this testimony as your

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own yes are there any questions uh from the board how long has this been in existence how it's since

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2017. We have a lease that's dated 2016. No problems? No, never had a problem. And no one

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goes there to detox? They're already detoxed? I'm sorry, it's hard to hear. Does anyone go there

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to detox or are they already detoxed? Yeah, they've already been detoxed before they come.

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does the board have any questions no planning commission no

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this is uh ron bednar city planning the property is indicated for commercial

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neighborhood commercial mixed use on the city plan given the documented site history

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we have no objection to the grounding the special exception thank you calendar number

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0383

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2810 Frankfort Avenue.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Okay.

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Three yeses.

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Good luck.

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Calendar number 3082-3504 North 23rd Street.

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Calendar number

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3082

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There are no exhibits with this case and it's the first listing.

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no hands chair but I have um Sloan folks I believe he wanted to say something for the last

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okay mr folks hi name and address please good afternoon co-chair um sorry small folks

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office of councilman maria quinones sanchez room 508 city hall 19107 regarding the last case that

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was just just voted on by um the zba uh the councilman would make would like to make a statement

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for the record. On which case? That was case number MI2020-0003832810,

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Frankfurt Avenue. That case is closed. Is that the proper way to handle this, Sharon?

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Mr. Folks, I'm sorry, but once it's been voted, we really can't take any

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further evidence into record respect respectfully there was no request to ask was there any other

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witnesses willing to testify or anyone else willing to testify on the record for that case

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okay sharon can i open it up yes can you can we see if mr schwartz is still here

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he's not on

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um

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okay under these circumstances um if you could let mr folks make his statement um right right

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okay thank you okay mr folks thank you very much i appreciate oh sure the councilman right to state

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um on uh september 14th let me digress this case has been in the queue since uh 2019

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um it came before the zba on september 14th and october 27th of 2020 uh for hearing on both

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out on both dates the councilman requested continuance so that the community could take

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an opportunity to hear the case. Unfortunately the case was heard by an organization that was not

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identified by the councilman as the coordinating RCL. That may have been for whatever reason that

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happened because it's been two years since the case was identified. Mr. Folks, I am so sorry to

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interrupt you, but this is going further than I expected. I think your recourse would be to

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request reconsideration, especially because Mr. Schwartz isn't in the room. This is the equivalent

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of an ex parte contact. Respectfully, the office is not going to oppose it. We just would like to

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make a statement. I understand that, but he isn't here to respond, and it would be unethical for

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board to take really an extended statement if if you can submit it into the record and copy mr

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