civus
Hearing video

ZBA Hearing - July 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 30, 20255h 22m

from Council Member Lizard.

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Okay, yep, and that letter from all Kensington neighbors

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is unanimous, and I believe it was unanimous

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back in 2017.

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So with that, I'm going to ask my client,

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Mr. Emetti, to unmute yourself,

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adopt my testimony.

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It will entertain, obviously, any questions

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that anyone may have.

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Mr. Emetti?

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Shakir Emetti has been promoted to penalist.

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Good morning, sir.

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Shaq, are you on the call?

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You have to unmute yourself.

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Mr. Amati?

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Hello?

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Hi, Mr. Amati.

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

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State your name and spell for the stenographer.

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Good morning, Your Honor.

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Good morning, Your Honor.

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My name is Shakir Hamedi, S-H-A-K-E-R.

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My name is Shaq Rahmadi.

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Last name Hamedi, E-H-M-E-D-I.

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Right.

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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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Please proceed, counsel.

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Thank you, Mr. Chairman.

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Mr. Hamedi, were you on the call when I presented your project?

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Yes, I was.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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100%.

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Thank you very much, Mr. Manning.

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Questions from the board.

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Where is the trash stored for the first floor unit?

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In the yard.

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Let me go to that.

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So you'll have to go through your rear yard to bring your trash through.

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You have to go through your bedroom to bring the trash in from the backyard.

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Correct.

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That's the way it's laid out.

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Yes, Mr. Johns.

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horrible horrible situation this is this is one one situation where i would argue that if you're

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going to have a bedroom the bedroom could be in the basement and at least the office space

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you're going through at least an office space and i thought more common area as opposed to

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somebody's bedroom bringing in trash and pets and everything else well the other the other thing is

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It looks like there is room in the mechanical area where you could store the trash.

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It could be brought down there and then brought out through the front because I think you do have a good point so you're not going through your bedroom.

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Yeah, still even if you're having something and you're having friends and family over and you want to utilize the yard, they have to go through your private space.

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So I think anytime you have to go through a bedroom to access a backyard is just a bad planning for a unit.

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Understood.

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Other than that, I don't technically have a problem with the unit.

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Other questions from the board?

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Thank you, Michael.

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Questions from our attorney?

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No, Chair.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Henry, before I go to the planning, what's your solution relative to the trash?

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I think Mr. Johns raises a good point.

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I'm going to have to talk to the architect to see if there's enough room to put a hallway to the rear.

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I mean, I certainly, I don't know that we want to be in a position to put the bedroom in the basement

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because I know how the board feels about that.

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But I think my alternative would be to have in the mechanical room, which is a large room, to have a sealed trash container there so trash can be brought downstairs.

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And then at the time of trash day, it can be brought up the stairs and out the front door.

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I think that would be a better solution.

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And then get rid of the trash storage that's in the yard so there's no, you know.

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I mean, don't forget, there's also a real alley that, you know, if you put the trash there, you can go out and put the trash at the end of the block.

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That's another alternative.

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Okay.

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So, all right.

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Planning Commission.

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Thank you, Chair.

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I don't know that the board necessarily is 100% opposed to bedrooms in the basement.

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Right.

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I just said that in this situation, it's a little different because it's a one-bedroom unit, and you are offering an office in the basement.

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If that was flipped, then at least it's an office and not somebody's bedroom that you're going through.

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That's my only point.

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Understood.

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But I defer to, you know, however you want to handle it.

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I'm completely opposed to having to go through somebody's bedroom.

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to to okay thanks michael planning commission

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thank you chair bergman sarah bond with the philadelphia city planning commission

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in 2016 the zoning map was amended from cmx 2 commercial mixed use to rsa 5 residential

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single family at this location in accord with recommendations from the comprehensive plan

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in accord with previously granted permits and or variances for this property the city planning

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commission recommends that the zoning board grant the variance thank you mi-2025-001-079-1704

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north bodine street i vote yes my vote is no sarah gaston my vote is yes

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tenetogram my vote is yes i own my vote is yes um thank you council

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counsel he disappeared okay

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he disappeared okay um is there anyone in the audience whose case has not been called

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i see no hands at this time see everyone at 2 p.m

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this meeting

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of the Zoning Board of Adjustments. With me is our board member Sheryl L. Gaston.

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Present, Mr. Chairman.

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Board member Tanetta Graham.

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Present, Mr. Chairman.

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Board member Michael Johns.

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Present, Mr. Chairman.

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Board member Ty Wynn.

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Present, Mr. Chairman.

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Also, here is our attorney, Ryan McSherry, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Daniels.

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Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak, you must state and spell your name and then wait to be sworn in.

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Once you've been sworn in, please state your name each time before you testify.

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Any person may enter their appearance to become an interested party.

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There are three ways.

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You have to identify the case property address on your Zoom webinar.

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You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and the property of the appeal case.

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The following guidance is for remote attendees. When directed, you must raise your virtual hand in order to be recognized to speak. If you're called to testify, you'll be prompted to join as a panelist. Please accept the request and turn to your camera.

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Third, the webinar Q&A is for questions about the hearing. Do not comment on cases in the Q&A. If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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mute. For our in-person attendees, please refrain from talking, eating, or drinking during the

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hearings. Verbal and physical aggression will not be tolerated. Restrooms are across from the

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elevators. A water fountain is just outside the room to the right. When speaking on the record,

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you must speak directly into the microphone in order to be heard by all attendees and the court

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reporter. In the event of emergency, please follow the directions given over the public address

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system by the staff the main exit is through double doors at the rear near

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stairwells to the left outside the doors in case of evacuation the rally point is

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love park directly across our street please remain there so we can account

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for you let's look at our schedule for this afternoon

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number five

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MI 2025

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001573

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2505 East Vanango

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Street

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that case

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hold on a minute

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that case is being continued

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is James Maryberry in the audience

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Good afternoon, Mr. Chair. This is Jason. And I will be your calls for the session.

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I do not see that individual in the audience.

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Mr. Chair, I'm sorry to interrupt.

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Yeah, I don't see that individual in the audience, but I do have a hand up from a Eric Carroll.

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I will allow him to speak.

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good afternoon mr bergman can you hear me i can't sir

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please state your name it's bell for the stenographer eric eric carol c-a-r-r-o-l-l

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i am the attorney for the applicant on this project money hold on one minute do you swear

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or affirm to tell the truth the whole truth nothing but the truth i do um counsel we um

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Are you going to represent him today?

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I am. Yes. I'm representing the actual applicant is the contractor, Monique Hedda Coates.

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Well, there's been no RCO meeting. Correct. We're going to have to continue this case.

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Yeah, I we agree with that. The lack of an RCO meeting was not due to my client's fault.

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I understand. Is there any way we can reschedule it to closer to October?

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We're going to reschedule it, and you'll call the office and try to figure out what we can do about moving the date.

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But at this point, MI 2025-001-573-2505 East Van Angle Street, cases continued, and the date that we have is 1-07-26.

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Case is continued, and the date that we have is 1-07-26.

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Now, if you contact the office, they're going to try to see where they can work you in, okay?

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Thank you, sir.

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All right.

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Number six, MI-2025-001-574, 1101-211 West Allegheny Avenue.

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That case is continued to 1-7-26 at 2 p.m.

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Number 7, MI-2025-001-575-4026 Palmetto Street.

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That case has been continued to 1726.

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Number 9, MI-2025-001-580-1835 Diamond Street.

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This case has been continued to Wednesday, September 7th at 2 p.m.

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And number 12, MI 2025, 002-399-1835 Diamond Street.

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This case has been continued to Wednesday, September 7th, 17th at 2 p.m.

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Are there any other requests for continuances?

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I do not see any hands, Mr. Chair.

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Okay, we're going to go to our first add-on, MI 2024-001-512-1433 Diamond Street.

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I vote yes with proviso. No household living in basement, maximum six units.

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Michael Johns, my vote is yes with provisos.

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Cheryl Gaston, I certify that I viewed the record, the recording of the June 12,

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2024 hearing in this matter, and my vote is yes with proviso.

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I, Tynetta Graham, certify that I view the recording of the June 12, 2024 hearing in this matter, and my vote is yes with provisos.

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Taya Nguyen, my vote is yes with provisos.

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Michael, could you mention that?

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I confirmed that I reviewed the hearing for that date also.

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I, Taya Nguyen, certify that I viewed the recording of the June 12, 2024 hearing in this matter.

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Thank you, everybody.

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So number one, MI 2025, 001-045, 3712 Midvale Avenue.

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Alan Nockmson is the attorney.

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all right mr knockamson you've already been sworn just for the record could you please state your

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name alan knockamson mr knockamson could you identify your client a relationship to the

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property yes my client is rk real estate services llc the owner of the property and in the virtual

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audience should be its member Arun Srin Srin E. Bassan you waive the reading on the refusal

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to agree with his accuracy. I do. Could you please start your presentation?

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Oh, yes. Can I just be promoted to a panelist? Sure.

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Sorry, panelists. Oh, okay, great.

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All right. I'm here to present 3712 Midvale Avenue. There are 11 exhibits in my packet of materials. Again, at the conclusion of the presentation, I would ask that Arun virtually raise his hand and be sworn in.

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This is a CMX 2.5 property, as you can see from the refusal.

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Currently, there's a permit of record of three residential units and one commercial unit.

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We're merely looking to swap out the commercial unit for the residential unit.

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Given its CMX 2.5 zoning classification and its lot size, it actually could be seven residential units.

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We believe that the circumstances permit that the swapping out is appropriate under the circumstances in that we have a realtor here that will testify.

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in that we have a realtor here that will testify that they've been trying to market this commercial unit for a few years

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and have had no interest from any commercial tenants.

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We have a letter of support from the East Falls Community Council.

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It kind of describes what I'm stating, that this is on a commercial corridor,

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although there's not a lot of commercial units on the ground floor from any of the properties here,

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even though it's CMX 2.5,

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and that there have been challenges on this commercial corridor to rent commercial units.

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And given that we're agreeing to change the facade of the commercial component to make it more pleasing to the eye,

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they have no opposition to the proposed variance request.

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Again, here's just a zoning permit showing that we're allowed to have three residential units and one commercial.

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