civus
Hearing video

ZBA Hearing - October 23, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 23, 20246h 7m

hello can you hear me i can could you please state your name and spell for the court stenographer

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i am so sorry my name is carol spurlock it's c-a-r-o-l last name s as in sand p as in paul

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u-r-l-o-c-k we're referring to tell the truth the whole truth and nothing but the truth

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Yes, I do.

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This application is for the use to family household living in an existing structure.

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The proposed to family household living is prohibited in the RSA 5.

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

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Could you turn your video on, please?

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I am trying.

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I am new at this.

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Okay.

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I can see you, but I don't know how to.

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Let me see.

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I don't know where to go.

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do you see um oh video maybe that's it

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okay there you go but now i'm not on the big screen i only see little small screens that's

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is this okay i think we're okay we see you there and then what we're going to do is you're going

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to go back in and show your documents right so the proposed use of two family household living

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is prohibited in the RSA 5 zoning district.

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Our vice chair has just a few questions for you, ma'am, okay?

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Okay.

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Good morning, ma'am.

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Have you emailed in all the required documents and exhibits

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that's needed to proceed with this case

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five days in advance of this hearing?

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Yes.

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Thank you.

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You can proceed and share your screen.

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I think you've shared it already.

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You can continue on with the presentation.

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Okay, so I can go to my Google screen, right?

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The presentation.

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okay yes okay let's see

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just one second i am so sorry hold on no no no it's okay

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i don't know google i'm so nervous how about that zba at the top zba hearing what's that

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i'm getting i think it's coming up hold on please okay sure

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and money just tell us what you're trying to do i am at at this time it is my home is

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a single family dwelling and i'm trying to set it to a two family dwelling to be able to rent

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the properties at both levels.

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Okay.

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I don't know.

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did you put your documents in a file yes they are no so go back to your original file

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yeah go back to where you originally were

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take your time by the way i'm i'm sorry um

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where's my google i have one you go back to that original page you had in me where

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where all your documents were okay yeah i don't think you need to be going on google

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um well the slides were on google i thought they would just pop up

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hit desktop

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desktop

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over there to the left

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my left

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okay

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desktop

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it says google presentation

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oh alright

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no that's not what I want

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is it the file that says google slides

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Yes.

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I've had that before.

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Hit that one there.

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But it didn't open up.

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I think I'm...

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See, but it doesn't open up to the hold.

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All right.

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How about those 13 slides?

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No?

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All right.

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Let me bring it up here.

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Excuse me, Bill from IT.

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Could you please assist?

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Okay.

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I am here, however, she would need to know where her slides are stored, that I would not know.

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Okay, so it's not, it's not Google. It's not going to be Google. Okay. So go back to the

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front screen again, please. Okay. Google slides. You have to close that part out. Oh.

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Excuse me, Chair, it's absolutely your call, but if you would like to just come back to this case in order for her to find her exhibits first.

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Here's what we're going to do. We're going to go through our cases. I'll come back to you.

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We're going to go through our cases. I'll come back to you and then we'll see if we can't find where your slides are.

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And you take your time, try to find them and I'll be back to you in about an hour.

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OK. Oh, an hour. OK. OK. All right. OK. Thank you. Thank you.

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All right. Number number 12.

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MI 2024. Are you going to have to. Could you go off the screen for us, please?

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yes chair i'll do that now i got it

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mi 2024 003 509 1352 south 30 street uh tehran moment is the tenant applicant

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to run moment please raise your virtual hand

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he also has counsel

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with him too

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okay

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okay they will be rejoining as a

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panama short

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the council will be rejoining as well

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Sure. Hello. Hi. You're Mr. Moment? Yes, sir. Okay. I'm going to wait for your counsel. Your

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counsel is going to make a presentation. Okay. Your lawyer. Okay. Thank you.

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Good morning. Good morning. My name is Bill Keffer.

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And Mr. Kepra, if I remember correctly, you already were sworn, right?

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Correct, sir.

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Right.

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So this application is for use as a prepared food shop on the first floor with the 16 single family household living above.

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A prepared food shop requires special exception approval in the CMX1 zoning district.

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um there's a recommendation of support from the tasker morris neighbors association

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and our vice chair has just a few questions for you sir

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good morning counsel do you agree to waive the reading of the refusal or stipulate to its accuracy

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yes i do have you emailed in all the required documents and exhibits that's needed to perceive

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in this case five days in advance of this hearing believe that mr tehran has done so yes

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Thank you, counsel. Please proceed and share your screen.

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So if I may, Julian Lutz, who is a Penn Law student, is assisting Mr. Mammo as well.

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He is able to share his screen.

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All right, you'll testify off the screen, okay?

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Okay. And and Mr. Mr. Memo is prepared to move forward and explain and make his presentation as well. So, Mr. Memo, if you wanted to go ahead and explain everything that you're looking for.

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Well, let's let's let's let's get the documents up first. Whoever has the documents, please put them up.

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I would like video access if possible, because I have Mr. Mr. Moments documents available on my screen if needed.

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give mr what's the opportunity to put the documents up thank you yeah he's kind of

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so he should be able to do that okay um yes um excuse me sorry chair okay yep it's coming up

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noon so so council either you or mr moment will be the ones to make the presentation okay

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That's fine.

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Mr. Moment, would you please proceed?

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All right, Mr. Moment, please do me a favor.

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State your name and spell for the court stenographer.

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Yes, my name is Teron Moment.

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That is T-E-H-R-O-N.

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Last name is Moment, M-O-M-E-N-T.

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

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Yes, sir.

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Please proceed and share your screen.

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your screen okay uh well can i go off uh mr let's his screen yeah that's what i'm saying you're

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going to testify off his screen right can you see it yes sir all right please proceed okay so this

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right here uh this is the the address 1352 south 30th street uh which was previously a convenience

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store um i would like to uh have a variance to be able to sell coffee and um donuts uh danishes

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croissants uh prepared food items um this is the corner street uh exit i'm at the

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prepared food items. This is the corner street exit. I'm at the corner street side

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picture where I placed the zoning board notice along with the refusal on the front of the

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building and on the side of the building. This is the 30th street side build part.

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And the other picture that he just showed was the Reed Street side.

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i have pictures of the interior as well if relevant no why not so so sir why don't we do

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this like miss it please put up the interior slides okay there's one picture tell us to run

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tell us what you're doing there yes sir uh well back here this is the back uh the back of the

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store um back here would be the station where you will be able to purchase coffee and smoothies and

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other prepared food items

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do you have any other photos

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this is the store

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this is the left side of the store

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like I said this was once a convenience store

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this is the left side of the

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area where it would be groceries

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and other items that you would be able to

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buy out of a convenience store

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maybe cereal

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uh bread stuff and stuff of that nature thank you this is the right side this is the right side

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where the refrigerators are as well as the other side of the shelf where it'll be beverages milk

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uh eggs and stuff of that nature

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your honor your honor if i chairman if i may ask a quick question

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And, Mr. Moment, your hours of operation, what will they be?

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The hours of operation would be from 7 in the morning until 7 in the evening.

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I'm sorry.

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Okay.

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And do you have any other experience in the food service, you know, business?

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Yes.

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Me and my family, we own a hoagie shop right down the street called Vito's Hoagie.

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We've been in operation for four years right now.

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um we're pretty much a big staple in the community great and did you did you go to

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the community organization did you get approval yes sir and which that that letter i believe

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has been submitted to the board okay i think that's i think you have your honor i i believe

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Yep. Yep. Yep. Yep. We have it.

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Anything else, Mr. Moment, that you wanted to share?

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I mean, not really. It's just I would like to be able to just sell prepared food in there.

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The biggest thing would be to be able to sell the coffee and a variety of smoothies at this location.

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oh and you're sorry i apologize your landlord has uh consented to this yes uh i have the uh

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lease um as well as a letter of approval for me going through uh the zoning process

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and has anybody told you of an objection or voiced any opinions of not wanting this no sir

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okay questions from the board

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questions or comments from our attorney no chair questions or comments from the virtual audience

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I'm sorry Mr. Chair I do not see any hands at this time

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Planning Commission.

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Thank you, Chairman, and good morning, David Fechtow with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the CMX1 commercial mixed-use zoning at this location.

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The appellant has shown the proposed prepared food shop will have no detrimental impacts to the neighborhood beyond what might be expected.

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The City Planning Commission recommends the board grant the proposed special exception for a prepared food shop.

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in my 2024-003-509-1352 South 30th Street I vote yes Michael Johns my vote is yes

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oh Gaston my vote is yes Canada Graham my vote is yes

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everyone my vote is yes Ishmael Shaheed my vote is yes thank you counsel

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thank you appreciate it thank you thank you all for your time

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thank you so much

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Thank you so much.

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thank you thank you we appreciate it

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Thank you.

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Thank you.

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We appreciate it.

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thank you very much

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Thank you very much.

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All right.

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Thank you, sir.

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Number two, MI 2023-004-486-7201 Marsden Street.

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Sherman Toppin is the attorney.

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There is a letter of opposition from Northeast Philadelphia Development Corporation.

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Six opposed, four in support.

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They'll be coming back on as a panel, sir.

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good morning Mr. Toppin good morning Mr. Chair good morning Mr. Chair members of the board

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it's a pleasure to be with for you today I'd like to present our case would you state your

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name for the record and and spell for the court stenographer not we don't know who you are yes my

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My name is Sherman Toppin, S-H-E-R-M-A-N, last name Toppin, T-O-P-P-I-N, address 1800 JFK Boulevard, suite 300.

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You swear or firm to tell the truth to hold truth to nothing but the truth?

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