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Hearing video

ZBA Hearing - February 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 21, 20246h 33m

uh it it wasn't a replacement they basically they basically renovated the deck and and

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yeah okay fine fine so yeah so in other words it wasn't completely replaced it was shored up and

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and made safe and yes and it was quite a bit more safe than it was in the original

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bring one of your clients one please

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Sure. Can either Itzik or Elaine raise your hand?

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Yeah.

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All right. Sir, could you please state your name and spell for the court stenography?

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Itzik Lorand. I-T-Z-I-K-L-O-R-A-N-T.

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Do you swear or affirm to tell the truth,

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Do you swear or affirm to tell the truth, the whole truth?

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the whole truth, and nothing but the truth?

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Yes, I do.

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Please proceed, counsel.

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Good morning. It's sick.

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You've heard my testimony today.

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Do you believe it was true and correct?

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And would you adopt it as your own?

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Yes, I do.

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Very good.

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Mr. Chair, are there any questions?

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney Hillary Emerson? Just a brief question. Mr. Masters,

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are you asking the board to make a decision on whether the refusals are correct or you just

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wanted to note for the record that you disagreed with the refusals? I think it's fine just to note

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for the record that we disagree with the refusals. We were asked by the RCO if we wanted to send

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this application back to L&I to correct it, and we felt that that was not necessary, and it would

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unduly delay the resolution of this appeal. Okay. Thank you for the clarification.

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Questions or comments from the virtual audience?

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Yes, Mr. Chair, I have Charles Richardson with the hand raised. I have allowed them to speak.

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Good morning, Mr. Richardson. Good morning, Mr. Chair. Please state your name and spell for the

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court stenographer charles richardson r-i-c-h-a-r-d-s-o-n office of councilwoman cindy

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bass room 508 city hall you swear a firm to tell the truth the whole truth and nothing but the

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truth i do please proceed uh the councilwoman has no objection to granting the variance

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thank you mr richardson for calling us is there anyone else in the virtual audience

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i do not see any further hints at this time planning commission thank you sir and good

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Good morning, David Fecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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The proposed dimensional variances are minor, and in keeping with the spirit and intent of the code,

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the proposed stairs will not injure the use of adjacent properties.

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The City Planning Commission recommends that the board grant the proposed variances.

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Thank you.

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So MI 2023-005-618-7238, Bryan 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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Ismail Shaheed, my vote is yes.

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Mr. Masters, could you please stay on?

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We're going to move on to another case that I see you're on.

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MI 2023-005-360, 4310-14 Germantown Avenue.

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There's a letter of support from the 13th Ward RCO Committee with some provisos.

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Also, there's a petition in support signed by approximately 11 neighbors.

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Mr. Masters, just for the record, state your name.

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My name is Steve Masters with the law firm of Just Laws here on behalf of the applicant Donna Peterson.

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Okay, thank you. And our vice chair has a few questions.

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Good morning, counsel. Do you agree to waive the reading or the refusal or stipulate to its accuracy?

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Good morning, Mr. Shahid. Today we're dealing with a referral, not a refusal, and we do agree to waive the reading.

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sure have you emailed in all the required documents and exhibits that is needed to

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proceed with this case five days in advance of this hearing yes we have thank you please proceed

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and share your screen thank you good morning mr chair members of the board we are here now

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for a special exception for a very small assembly and entertainment use that would be

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49 or less persons at any one time on the first floor of 4310-14 Germantown Avenue above the

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first floor, which is vacant at the moment, are two apartments that are occupied and that are

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that are zoned properly by the city.

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The referral here is only for the proposed assembly

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and entertainment use.

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Because this is CMX2, it is allowed,

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but it does need a special exception from the board

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in order to move forward.

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Our petitions in support were circulated and many neighbors in the very immediate vicinity

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were happy to sign on and support this project. This will be Donna Peterson will be doing business

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Donna Petersen will be doing business as A&K Playhouse.

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This says A&K Playhouse.

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It'll be a small event space that will be fairly occasional,

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two, three, four times a month is the anticipation.

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We did also indicate that the proposed hours were between 2 p.m. and 10 p.m.,

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but for proviso purposes, we would ask that the proviso say 10 p.m. as the closing,

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but we don't want to be held to a 2 p.m. opening hour.

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We believe that there could be times

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where an event might take place, you know,

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earlier in the day than in the afternoon.

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The 13th RCO did vote to support this use

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in the special exception.

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They did propose three provisos, which I'll magnify here.

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The trash debris storage plan, we went through in depth the proposed trash storage plan. There is trash storage areas. There's a whole open backyard that will be used for trash storage.

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and our client agreed to be responsible

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for the prompt removal of the trash bins

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after the city has picked them up.

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As I said, the hours of operation,

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we would be amenable to a 10 p.m. closing,

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but not to a 2 p.m. opening

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because we believe that needs to be more flexibility

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for events that maybe take place in the morning.

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In terms of the property maintenance plan,

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we have no issues with that.

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Our client is in support of maintaining her property

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in a clean and safe condition.

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The support shows, it was unanimous.

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Seven of the attendees, all seven were in support.

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We're now gonna go to the plans.

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So the first four plans are really the only plans

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that are relevant here since the,

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as I said before, the upper floors are for dwelling units

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that are not at issue in this appeal.

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Also, there was no public use of the basement area.

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So we have the first floor plan here,

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which is displayed in this floor plan.

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The second and third floor plans are for the dwelling units.

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This is, as I said, a CMX2 lot and pretty much the entire,

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both sides of Dermatown Avenue in this neighborhood

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are all CMX2.

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These are some more details on the floor plans.

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Although, candidly, you'll be able to see much more

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when we look at the photos.

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We have some fire safety documentation here.

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So this is a context view showing that, as you would expect, with CMX2 throughout this portion of Germaton Avenue,

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there are many uses that are already dealing with food preparation and service along this corridor.

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There have been also social clubs along this corridor as well.

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This is the second floor apartment kitchen.

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This is the second floor apartment living room, second floor bedroom, a bathroom on the second floor, a view of the kitchen into the living room on the second floor.

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Here's the stairs that go up to the third floor, common hallway, and this is the first floor event space area.

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Make that a little smaller, we can see it more completely.

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This is another view of the main entrance

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to the first floor event space.

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This is a layout, this is not being used at this moment,

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but it is configured for it to be used.

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This is the event space restroom.

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This is the events.

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Here's the entrance number two.

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This is the rear yard of the building, and so the events could also occur outside in this nice grassy area.

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and here is um along the side of the of the structure and this is the this is

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germantown avenue at the front there

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and this is the this is the entrance this is this is the building the facade that faces germantown

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Avenue. And again, a view from Germantown Avenue into the property. These are photos of the zoning

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poster and the and the referral uh this is our uh we are still working on our on an updated tax

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clearance but we have submitted to board council uh that there are no taxes that are owed on this

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property at this at this point here's the deed uh to donna peterson our client

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This is our application for special exception, project information form, and then the RCO

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notice letter that was mailed to the addresses provided by the Planning Commission and the

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PROOF OF MAILING AT THIS POINT I'M HOPING THAT DONNA PETERSON IS IN THE VIRTUAL AUDIENCE

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AND SHE WOULD RAISE HER HAND DONNA PETERSON PLEASE RAISE YOUR VIRTUAL HAND IF YOU'RE IN

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THE AUDIENCE

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Jason, do we see her?

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They've been about to speak, Mr. Chair.

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I'm mute.

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I'm mute.

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I'm mute.

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Oh, my God.

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Are you kidding me?

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Hold up.

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Hold up.

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

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I'm so sorry.

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yes good morning donna peterson b-o-n-n-a p-e-t-e-r-s-o-n do you do you swear or affirm

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to tell the truth told truth nothing but the truth yes please proceed counsel good morning

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miss peterson you've heard my testimony today um do you agree with it and believe that it's true

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and would you adopt it as your own yes yes i would uh thank you and we're open to questions

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

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comments from our attorney hillary emerson no mr chair questions or comments from the virtual

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audience mr chair we have charles richardson with their hand raised i've allowed them to speak again

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at this time. Mr. Richardson,

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just for the record, state your name. You've already

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been sworn. Thank you, Mr. Chair.

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Charles Richardson, Office of

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Councilwoman Cindy Bass, R-I-C-H-A-R-D-S-O-N.

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Councilwoman

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has no objection to granting the variance,

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but only with regard to

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the applicable

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provisos that have been offered

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by the

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RCO. Okay. Thank you.

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Anyone else in the virtual audience?

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Okay.

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I do not see any further hands, Mr. Chair.

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Planning Commission.

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Thank you, Chairman, and good morning.

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David Vecto with the City Planning Commission.

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The comprehensive plan recommends a change in zoning at this location from commercial mixed use 2 to commercial mixed use 2.5.

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The appellant has shown that the proposed assembly and entertainment will have no detrimental impacts beyond what might be expected.

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The City Planning Commission recommends the board grant a special exception for the proposed assembly and entertainment.

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Thank you. MI 2023-005-360-4310-14 Germantown Avenue. I vote yes, with proviso. Trash stored in rear yard. Assembly and entertainment space to close by 10 p.m.

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Thomas Holloman, my vote is yes, with proviso.

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James Snell, my vote is yes for Proviso.

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James Snell, my vote is yes, with proviso.

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This is Shmel Shahid, my vote is yes.

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Ishmael Shaheed, my vote is yes for Proviso.

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Thank you.

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Thank you so much, Mr. Chair. May I be excused?

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You certainly can, sir. Thank you.

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We're going to go to number 8, MI 2023-001-265-2203 North Natrona Street.

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Alan Nockmson is the attorney.

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Sherbury Manchin has issued a letter of opposition.

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However, there will be a meeting on 222.

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Discuss changes in this project.

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Hi, Mr. Goldberg.

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You've already been sworn.

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Just state your name for the record, please.

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Alex Goldberg, Nockmson, PC.

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And could you identify your client, the relationship to this property?

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