civus
Hearing video

ZBA Hearing - July 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 31, 20246h 45m

part of the application here uh yes it is okay and uh are you going to have um uh

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cooking or a type of cooking that might require venting of some sort?

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Yes, we will. Since it won't be prepped, we will have to have a kitchen in the back,

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and then we would have like steam tables to arrange the food out for it to be a takeout and go.

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okay and is the venting um shown on your plans or where would this be technically they're not

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because in this um in this sense we're just trying to get a variance for the particular

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um zoning of the property so before i would um have any permits for that i would want to make

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sure that the zoning is correct for me to do to change the use in a sense.

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OK, thank you, of course.

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All the questions from the board.

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Yeah, I do have a question.

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So you're so you're so you're your request is for a takeout restaurant,

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not a sit down restaurant.

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Is that what your parents was for?

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Are you your appeal?

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So technically it I did write sit down.

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And I'm talking about it in the sense of a takeout restaurant with the accessory of seating, but that in particularly depends on the spacing of the floor plan.

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But if I'm correct, in the zoning, takeout and sit down are both not permitted for this zoning for a CMX1.

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but your refusal says sit down yes and you're saying take out which is different so

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yeah with the accessory seating well technically yes it will be um a sit down restaurant because

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you would have you would be seating there

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so it's a sit down restaurant yes sir okay um i have a question um are uh the signs

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that i see in the picture is that are you intending on keeping that no that came with

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the previous tenant that was there for the notary if i'm correct okay so um and is it maybe in the

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future a replacement um and the other question was you said that um this was operating as a bar

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um is that is there any um as a sit-down restaurant or a takeout as you mentioned

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take out sit down um is there any kind of liquor license um no if i'm still no not not that i know

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but my um i do know that the reason there wasn't a liquor license um there prior because somebody

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had tried to uh zone it for a bar is because there's schools around there so um they denied

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that thank you questions from our attorney hillary emerson

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um i just wanted to to clarify for miss pagan i mean if this is intended to

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be you know if you want this to be primarily a takeout or at times be primarily take out

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other times be primarily a sit down um this this zoning approval only covers a sit-down restaurant

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um this this zoning approval only covers a sit-down restaurant as it is written so i just

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as it is.

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wanted to make sure that that that you're clear and if your business model changes or has already

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changed you may want to be pursuing um different zoning than what you're pursuing so i just want

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to be clear that sit-down restaurant is what is on here not not a takeout restaurant so um

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um so that we're all on the same page because you can change you know you can change what you want

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to do that is fine um but if you won't come back later and want to do a takeout you will need to

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go through this process again um because this is only for a sit-down restaurant and and and you

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show a number of tables and chairs and chairs right this account didn't did i see a counter too

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yeah so i mean if it's a if it's a i mean it's based on your plan is a sit down and based on

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the number of tables and chairs would be 10 people or whatever that you have shown on your plan

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um so i would consider yes i would consider it a sit down restaurant i think the concept of

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take out is the accessory to it in a sense of having the option of doing that.

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But technically, yes, it is a sit down.

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Can I ask the chair, if this is approved, would there be a proviso that it would be

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the number of chairs and tables as shown on their plan?

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Is that something that could be a proviso?

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Yeah, I thought, too, if it's approved, I'd have to say sit down only.

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Okay.

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Right. And under the code, like a takeout restaurant has fewer than four seats. So there's got to be certain minimal, minimal seating for it to be considered a sit down restaurant.

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Questions or comments from the virtual audience?

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I see no, Mr. Chair.

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Planning Commission.

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Thank you, Chairman, and good morning, David Vecto.

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With the City Planning Commission, Chairman and Board members, the Comprehensive Plan recommends no change to the CMX1 commercial mixed-use zoning at this location.

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This property has a documented history of business use dating to at least 1952.

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The City Planning Commission recommends that the Board grant the proposed use variance for a sit-down restaurant.

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Thank you.

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MI 2023-006-089, 2000 East Clearfield Street, I vote yes, proviso, sit down restaurant only.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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Iowen, my vote is yes, with proviso.

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james snell my vote is yes with proviso ishmael shaheed my vote is yes with proviso thank you

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number 10 mi2024 001 280 1449 south 13th street

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um gloria pilulo is the real estate investment firm

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Ms. Palullo, can you please raise your virtual hand?

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Gloria Palullo?

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I see her in the audience

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She's not raising her virtual hand

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She's going back over now as a panelist chair

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Thank you

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Good morning, Gloria, did her hand go up?

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Ms. Palulo, please unmute yourself.

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she's not doing anything chair okay um why don't we do this why don't we move on

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To get this one more case we have, that's a pro se, and then we'll come back before we start.

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to get this one more case we have that's a pro say and then we'll come back before we start

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Okay.

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Number 17, MI 2024-001-620-2308-76th Avenue.

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Patricia Quigley and Alan Greenberg are the owners.

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There's a letter of support from the 50th Ward Democratic Executive Committee.

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I'm here.

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Good morning.

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

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Sure.

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Patricia Quigley.

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Q-U-I-G-L-E-Y.

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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.

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Okay.

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So this application is for use as a two-family household living in an existing structure.

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Correct.

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

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Our vice chair has a few questions.

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Okay.

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Good morning, counsel.

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Do you agree to waive the read and other reviews or assiculate to its accuracy?

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Say that again? I'm sorry. Oh, excuse me. I thought this was

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pro se. Have you emailed in all of the required documents and exhibits that is needed

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to proceed with this case five days in advance of this hearing?

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It wasn't five days in advance, but I did get a, and I apologize for that. I misread. I thought we

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were just presenting here, but I did get a receipt email that everything was submitted.

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great okay please proceed to share your screen okay how do i do that it's a green button at

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the bottom of the screen okay here we go here we go should already have all your documents up

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here you go you're coming up okay great

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it shows the documents you have okay so this is our application okay thank you

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this is our refusal letter

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okay okay yep this is our letter to the community

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okay and this is our support from the rco

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i don't know if you could see that whole thing my my what what do you remember what what was the

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vote okay thank you okay yep um here's the deed to 76th avenue

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it's both me

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and Alan Greenberg

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who is also on the Zoom

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okay

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all right

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can you show us photos of the property?

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yes I'd be happy to

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I have the time stamp

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of the zoning notice

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that Alan put up

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I have our tax clearance

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um and i hear all the photos of the property uh do you want me to make one i mean i mean is this

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is this already a duplex it is it was built as a duplex when we bought it um alan when did we buy

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it i can't remember you got it alan would have to be sworn why don't you just give us a sense of

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Give us a sense of how long you've got it.

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We've owned it.

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I have the original appraisal here.

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Hang on.

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So we bought it in 2005 as a duplex.

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It was not zoned as a duplex, but it was clearly built as a duplex.

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So why don't you show us some photos of the building?

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Show us utilities and things like that.

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Okay.

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Here's the utilities.

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Can you see that?

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yes

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I'm not sure how to get out of that

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do I just X out of it

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there's a little

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in the corner there right

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I got it

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here's one of the heaters

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and here's the other one

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and then here's the two hot water heaters

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I'll show you the two kitchens

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here's the kitchen on the first floor

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here's the kitchen on the first floor.

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Okay.

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The living room on the first floor.

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And then this is the bedroom on the first,

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I think it's the first floor or the second floor.

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I can't remember.

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Here's the kitchen on the second floor.

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All right.

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so so you've had this since 2005 correct let me just show you the interior also of like

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this is the steps going up to the second floor apart yeah okay okay so you've had this since

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2005 there's you're making no changes to the building the way it was you're just right you're

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trying to legalize it correct we also got i don't know if you're interested but we did get

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the lead certifications on both apartments and they passed all right thank you questions from

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the board no questions okay uh i guess my question is um why yeah why are you doing this now what

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brought this to your attention that this wasn't a legal use uh to be honest uh you know we we

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were sold the real estate and they said it would be an easy process i did make an application

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uh right after we purchased the property and there was some reason it was rejected i i can't

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remember I have the paperwork here. And then, you know, time

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passed and I just didn't do it. And now

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Alan and I are thinking about, you know, we're getting up in

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age. So we're thinking about selling it again. And we knew

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that that would be required.

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Okay. Thank you. Yeah, sure. Questions from our attorney.

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Not at this time, Mr. Chair. Questions or comments from the virtual audience.

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i see no heads chair planning commission thank you chairman and good morning david effecto with

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the city planning commission chairman and board members the comprehensive plan recommends no

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change to the rsa5 residential single family zoning at this location the appellant purchased

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the property which had been converted into two dwelling units by a prior owner without the

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benefit of permits. The City Planning Commission recommends the board grant a proposed use

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variance for two dwelling units. Thank you. MI 2024-001-620-2308-76th Avenue, I vote yes.

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Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes.

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james snell my vote is yes my vote is yes taiwan my vote is yes thank you my vote is yes

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thank you you have your your votes will we receive something by email you will you will you will yep

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thank you so much everyone thank you really appreciate it thank you all right let's go back

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Let's go back to number 10, MI 2024, 001-280, 1449 South 13th Street, Gloria Palullo.

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Gloria Palullo, please raise your virtual hand.

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I see her name in the virtual audience chair, but she's not raising her hand for some reason.

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All right. All right. So I'm going to move on to our regular list, and I'll check with her one more time before we're done.

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Okay.

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All right. Thank you.

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One, two, three, four, five, six.

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Number seven, MI 2023-007-155, 2401 Aramingo Avenue, Zen Jin is the attorney.

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There's a letter of support from Old Richmond Civic Association.

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There were notices sent, but there were no near neighbors,

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and there's a letter of non-opposition from Council Member Squillin.

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He's coming back in as a panelist now, Chair.

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Thank you.

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Thank you.

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Good morning, counsel.

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Yvette, did we see him?

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