civus
Hearing video

ZBA Hearing - April 12, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Apr 12, 20234h 29m

Mr. Saverin?

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Tina, do we see him coming in?

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I don't see him, Chair.

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I promoted him, but I don't see him anymore.

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he's not listed as a panelist or as an attendee okay why don't we do this why don't we move on

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and we'll come back to that okay okay all right

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Number eight, MI 2022-006-504-758 South Front Street.

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number eight

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We'll be right back.

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Vern Anastasio is the attorney.

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Letter of support from Queen Village neighbors and letter of non-opposition from Council Member Squill.

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Good morning, counsel.

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Good morning, Mr. Chair.

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Could you state your name, please, and spell it for the court reporter?

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Sure. It's Vern, V-E-R-N, last name Anastasio, A-N-A, S-T-A-S-I-O. It's 2016 Spruce, Philadelphia, 19103.

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Right. 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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Could you identify your client, the relationship to this property?

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Yes, I represent Sonny Shekawala, who is the recent owner of 758 South Front.

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Okay. Our vice chair has just a few questions.

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Thank you.

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Good morning, counsel. Do you agree to weigh the refusal and stipulate to its accuracy?

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I do.

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Have you emailed all the required documents and exhibits into our offices five days in advance to proceed with this case?

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I have.

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Thank you. Please proceed. Share your screen.

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Thank you. My screen should be up. It's 758 South Front.

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We have it.

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In Queen Village. What we're looking to do is just basically, this is a legalization of a pre-existing non-conforming use.

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It's two separate homes on one lot, which was built, as you'll see, many years ago, but legally compliant since 1992, per the archive.

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This is Fortune, as you can see.

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This is Front Street.

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This is the interior layout.

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We've got additional layout here for the side street, here's the kitchen, open space, second floor, and then the third floor is just a master bedroom with a master bath.

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102 Fitzwater is the side residence, and that's here.

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So you've got the Front Street property that I showed you previously, and then the Fitzwater

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Street property is back here.

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there's the front street

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and there's additional photos here's interior photos as well

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I started this application under the ownership of Bob Potterfield

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long-time owner, sold it to Mr. Shakawala who fully understood that we were going through

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this process to legalize the two-family dwelling. He also understood that it was not a guarantee.

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But there are two electric meters. There are two PGW meters. There are literally two structures.

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There's proof of posting on both sides of the property.

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I've included the deed, the original agreement of sale.

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I've also forwarded to Attorney Emerson the updated HUD-1.

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Here's proof of our meeting to Queen Village Neighbors Association on 8 February, along with proof of mailing.

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And, of course, the archives that shows clearly that this became legally a two-family dwelling from a single family in 1992.

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This was granted by the zoning board via variance.

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But, as you can see physically, the properties were two separate units on the same lot for quite some time.

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So, because of the history of this property, because of the separate utilities, not only

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electric but gas, and because of the physical manifestation of the two units on the same

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lot, in addition to having the support of both the council office and the registered

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In addition to having the support of both the Council Office and the Registered Community Organization, I do respectfully request that this appeal be granted.

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to

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Could you have your client come on, please, and adopt your testimony?

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Yes. Mr. Sonny Shackawalla, if you could please raise your hand.

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Sir, please unmute yourself.

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i'm sorry could you please state your name and spell it for the court reporter

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sure mr chair my name is sunny shakawala s-u-n-n-y last name s-h-a-k-h-a-w-a-l-a

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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. Proceed, counsel. Thank you, Mr. Chair. Sonny, did you hear my presentation to the board

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this morning? I did. Thank you, Vernon. And is it true and accurate to the best of your knowledge?

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Yes. And do you adopt it as your own testimony? Yes. Thank you. I have nothing further,

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Mr. Chair. Questions from the board? No, Mr. Chair. No, Mr. Chair. Questions or comments

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from the virtual audience. I see no hands, Chair. Planning Commission. Thank you, Chair Bergman.

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Good morning, David Fecto, City Planning Commission. The comprehensive plan recommends

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no change to the residential single-family zoning at this location. This appears to be a

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legalization of a duplex approved by the Zoning Board in 1992, so the City Planning Commission

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recommends the board grant the variance for two dwelling units. Thank you. MI 2022-006-504-758

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South Fern Street, I vote yes. Thomas Tallerman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you, counsel. Thank you. Could you please stay on,

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sir oh sure right so number nine mi 2022 006 360

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um 2507 north 19th street verne is the attorney we do not have an rco letter at this point um

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i did forward it last night very late okay all right yes mr chair this is hillary i was just

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going to say, we did receive a letter of support from all in the family, RCO, with some provisors,

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but unfortunately, none of them are enforceable by the CBA. Thank you. Mr. Anastas, could you

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just state your name for the record, please? You wrote it. Vern Anastasio. All right. And our vice

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chair has just a few questions for you, sir. Before we start, I represent Mr. Darley Caba,

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who is the owner of 2507 North 19th.

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Sure.

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And that's an LLC, right?

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He is the principal of the LLC.

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Okay, fine.

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Okay, thank you.

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Yep.

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Do you agree to waive the reading of the refusal

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and stipulate to his accuracy?

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I do.

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Have you emailed all the required documents

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and exhibits to proceed with this case

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five days in advance of this hearing?

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I have.

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Thank you.

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Please proceed.

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Thank you.

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2507 North 19th is a two-family dwelling in an existing structure.

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This property has long been abandoned, and you know what?

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I have to stop sharing and reshare because I'm getting some blanks, at least on my end.

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That's fine. Do that.

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Okay. Thank you.

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You can see that now, Mr. Chair.

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We're fine, sir.

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Is that blank to you?

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That's blank.

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Let's see how it goes.

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So it's 2507 North 19th.

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What we are proposing is here's the property

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as far as plot plan is concerned,

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not touching the envelope of the property at all.

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It is an existing triplex with a truncated third floor.

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Our proposal, this is the first floor

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to have a, you come in through the front door, there'll be a bedroom in the front,

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a restroom, part of the living room space, and a bedroom in the rear, full bath, and a yard in the

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back, accessible to the first floor unit, which will be for trash storage.

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We have the second floor coming up the stairs, a large kitchen. We were asked to put a closet in

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the kitchen for trash, and my client has agreed to do that. It's a large living space and a bedroom

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off the back of the second floor, and then a master bedroom at the top of the third floor

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with a master bath and closet, because it's much shorter up there on the third floor.

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This is the property in question. It has been long neglected. Unfortunately, like 13 other

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properties on the block. It is completely vacant. We've got 2511, 2515, 17, 21, 2504,

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24, 14, 25, 22, 24, 25, 32, 25, 38, and 25, 46, all vacant or empty lots.

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This property was left in pretty bad shape, but my client does plan to do a complete internal

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renovation. There is a history of two electric meters, although there's no history in the

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data archive of any legal two-family dwelling. Do want to make sure that that's clear. We

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did meet with the Registered Community Organization, 2nd of March, and 2nd of the March 28th was

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a follow-up. We have proof of mailing, 242 individual households. And I believe we have

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everything else submitted for the exhibit. The RCO did produce a letter of support so

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long as we had a trash plan and some other minor issues that we have communicated with

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them and will be willing to work out. Because the first floor has a trash plan and the second

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floor has a trash plan. Because of the history of the two electric meters, because there's 13

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vacant properties and empty lots on this block itself, which communicates to my client that if

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he were to rehab this as a single family home, it would not be a marketable product for anybody

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who's living in that neighborhood, who wants to be on that block. By breaking it up into two

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separate residential products, completely brand new, he's offering two quality residential

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products that are a little smaller and more approachable as far as price point is concerned,

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far more marketable for the neighborhood. For all those reasons, we respectfully request the

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granting of the of the variance. I know there's a lot of vacancy on the block. Are there other

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multiple units on the block? There are more than more than a few. However, even though they have

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electric meters that are separate, we could not find any legalization of them. Thank you.

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Thank you. Is your client here? Yes, Mr. Mr. Kaba, Darley Kaba.

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Mr. Cava, please unmute yourself and wait for the chair.

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Good morning, sir.

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Could you state your name, please, and spell for the court report?

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Dali Cava.

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Spell your name, please.

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D-A-R-A-Y-C-A-B-A.

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

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yes sir proceed counsel thank you mr chair mr kaba did you hear my presentation to the board

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this morning yes is it true and accurate to the best of your knowledge yes and do you adopt it

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Yes. And do you adopt it as your own testimony? Yes, sir. Thank you, Mr. Chair.

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as your own testimony yes sir

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Thank you.

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Questions from the board? No, Chair. No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair. Planing Commission. Thank you, sir. Good morning, Chair and Board

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Members. David Fecto, City Planning Commission. The Comprehensive Plan recommends no change to

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the residential single-family zoning at this location. There is no unique physical condition

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

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the zoning code. The City Planning Commission recommends that the board deny the use variance

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for two dwelling units. Thank you. MI 2022-006-360-2507-North 19th Street, I vote yes.

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Thomas Holliman, my vote is yes

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James Snell, my vote is yes

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Ishmael Shahid, my vote is yes

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Thank you, counsel

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Thank you

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Number 13 on our list

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MI 2022

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006 538

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1941 East Pashonk Avenue

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Matthew Monroe

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is the attorney

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Letter of support from East

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Passion Crossing, letter of non-opposition from Councilmember Squilla, letter of support from

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East Passion Avenue Business Association. Mr. Monroe is coming back in as a panel.

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Good morning, Mr. Monroe. Good morning, Chairman Bergman. Hi, could you state your name,

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please and spell for the court reporter. Sure. It's Matthew Monroe, M-A-T-T-H-E-W-M-O-N-R-O-E.

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

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I do. Could you identify your clients and the relationship to this property?

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Sure. I represent the business owners, Juana Tamales, and appearing on behalf of the business

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today, I'm pleased to be with Chris Fehrer, who is one of the co-owners of the business.

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

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Good morning, counsel.

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

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Good morning.

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Yes, I do.

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

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Yes.

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Do you have your screen already shared?

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Please proceed.

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All right, Chairman Berman, members of the board, pleased to be here with a well-loved business, Juan de Tamales, which has some of the best beer and tacos in the city, among others.

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They're at 1941 East Pasadena Avenue.

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And just for some context, here is the zoning context.

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We're right here on this block of East Pass Yonk, just east of Broad Street and just west of South Juniper.

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You can see here some historical photographs from Google Maps.

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You can see the sign as it existed in 2014.

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In 2016, it's the exact same sign.

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And here again, with a subsequent tenant in October 2019, the last tenant that was there

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before one of Tamales took over the space.

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As noted, and here you can see that there's a number of other businesses in the area.

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