civus
Hearing video

ZBA Hearing - November 2, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 2, 20214h 17m

That's all.

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Thanks, Michael.

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Anyone else?

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I see no hands, Chair.

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Thank you. Does the board have any questions?

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No, Mr. Chairman.

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Okay, Ms. Pritzker, are you done with any other witnesses?

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No, Chairman. I'm good at this point.

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Thank you. Planning Commission?

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Good afternoon. My name is Greg Waldman from Planning Commission staff.

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The comprehensive plan recommends no change in the residential single-family zoning at this location.

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The application is for expansion of a previously approved restaurant.

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The applicant has demonstrated long-standing commercial use of this slot,

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which dates to at least 1936. We recommend that the board approve the requested variance.

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Thank you. Calendar number MI 2021-002634-326 Roxborough Avenue. My vote is yes.

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Thomas Holloman. My vote is yes.

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Jim, you're available.

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Chair, this is Tanya.

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It appears as though he's here, but may be having technical difficulties.

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Would you like to hold the vote until he can?

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Sure.

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Yep.

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Rachel, we'll hold the vote on another case just to see if he's...

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Okay.

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Yep.

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That's no problem, Chairman.

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Thank you.

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Let's see before we start.

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Second.

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Okay.

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Thank you.

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i'm sorry i was having trouble getting online i'm sorry no problem so we still on uh rachel

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Are you available?

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Ms. Pritzker, is she?

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Yes, I'm here, Chairman.

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Okay.

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So I'm going to call it again, okay?

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Okay.

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Calendar number MI2021-002634, 326 Rocksboro Avenue.

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My vote is yes.

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thomas holliman my vote is yes james snell my vote is yes thank you thank you you're welcome

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all right next one is calendar number mi 2021

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Calendar number MI 2021-003-450-4003, Filbert Street.

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Mr. George is coming back in as a panelist.

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Mr. George, please unmute yourself.

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Mr. Chairman, can you hear me?

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Yes, we can.

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Can you please identify yourself for the record, spell your first and last name?

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Dennis George, D-E-N-N-I-S-G-E-O-R-G-E.

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I'm with the law firm of Arangio and George, LLP, 2000 Market Street, Suite 1440, Philadelphia, 19103.

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Thank you.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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Mr. Chairman, this is a reconsideration. We originally submitted all the documents back in January on the initial vote, and then I recently supplemented the documents to the board.

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Great. Okay. So please proceed.

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Thank you.

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um the the original hearing took place in january uh on january 6 2021 the board granted um the

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request and then a reconsideration application was filed by the rco west palton saunders park

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a response to the reconsideration was submitted since that time we have met with the rco and we

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We have had extensive meetings and discussions, and we revised the plans and incorporated a new design, eliminating two of the three variances.

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With me today is the architect from Sky Design.

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He can, if you'd permit him, he can share our screen with you and show you what we've done.

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We basically have eliminated the accessory parking and we've eliminated the street frontage

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requirement. Our new plan is for again with just the same as a single family home but we redesigned

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it in conjunction with the RCO. We can have Sky be able to share it. We can share with you the design.

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I think here today is Mr. Masters from the RCO, who will testify with our cooperation with them.

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Great. Please proceed.

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I'm sorry, Chair. What is the name of your architect so I can promote him to panelists?

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Shing, are you here? Let me see.

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I have him for Tina, and he's coming back in as a panelist now.

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Thank you.

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Thank you. Sir, please unmute yourself and identify yourself for the record.

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yeah sorry oh it was me my name is xin yuan chen sky design i'm the last name please

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sorry can you spell your first and last name please yes first name h-s-i-n-g last name c-h-e-n

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thank you for affirming tell the truth the whole truth for nothing but the truth

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yes thank you mr george please proceed thank you shin could you just share with us the um

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the new plans please so yes

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i'm sorry chair this is tanya yes um the zoning board administrator i'm just a little bit confused

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i was just trying to ask if i could mr george um was this a reconsideration request for the

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from the rco yes okay so he should have been promoted

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from the rco yes okay so he should have been promoted oh i'm here i'm going to promote mr

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Oh

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masters he has the case here oh okay it wasn't i didn't have that list okay that's true all right

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i do apologize mr masters the chair will recognize you now mr master please identify

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for you uh please identify yourself for the record um good afternoon mr chair members of

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the board, Steve Masters, law firm of JustLaws. I represent the RCO West Powhatan Saunders Park.

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Okay. You swear to affirm and tell the truth, the whole truth, and nothing but the truth?

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I do. Thank you. Please proceed. I am going to defer to Attorney George

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for the applicant, just to tell the board that the RCO had numerous meetings with the applicant

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and her counsel. And in the course of those meetings, the applicant agreed to change and

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accommodate almost 100% of the concerns that the community had. At this point,

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the RCO is in support of the revised plans and the head of the RCO, Pamela Andrews, is I believe

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in the Zoom meeting and I would like to recognize her to confirm the RCO's position

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because I believe that there wasn't a new letter that was submitted to the board from the RCO so

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So we wanted to present a testimony, a live testimony on that.

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Thank you.

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So if Ms. Andrews could raise your virtual hand, then you can be recognized.

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Ms. Andrew, good afternoon.

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Please identify yourself for the record.

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Good afternoon.

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Can you hear me?

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Okay.

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Yes, we can.

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Great.

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My name is Pamela Andrews, A-N-D-R-E-W-S.

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I am the chair of West Pelt and Saunders Park RCO.

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You swear to affirm and tell the truth, the whole truth, for nothing but the truth?

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I do.

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Thank you. Please proceed.

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Sure. Ms. Andrews, can you describe what the changes are to the plans that your RCO and the community has come to an agreement about?

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Well, the plans are extensive.

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First of all, the height of the building was adjusted.

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The facade was changed and the community was very happy with the new look of the building.

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There was concerns for the community about the roof and the pilot house that was on the roof.

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The pilot house was adjusted to allow more sunlight to the rear properties that would be affected by this new structure on Wyota Street, in addition to changes to the fencing to allow more light.

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So all in all, the community as a whole were very happy with the new plans and voted to move forward with them.

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Can you speak with some detail to the issue of the curb cut and the lack of on-street parking that existed before this agreement was reached?

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Yes, I can.

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Um, with the original design, uh, the owner had, um, plans was to put in a garage on the

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first floor and the community definitely did not want that.

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And they wanted the parking, um, reinstated to the street.

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So, uh, the curve cut will be removed and the parking, um, spaces will be added back

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to the streetscape.

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okay that's um that concludes um my questioning of the witness thank you so much anyone else

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mr chairman um we have submitted revised proviso plans and plans

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which incorporate the new design removal of the curb cut the removal of the parking space

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and etc and we would request the board approve the new plans thank you mr george uh did you submit

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approve the new plans. Thank you. Mr. George, did you submit the request, the form for the revised

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plans? Yes, we did. Okay. All right. And how many pages? The revised plan, the revised proviso is

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one page and the plan is one page. Okay. So two pages. Okay. We've also submitted an updated

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certificate for tax clearance. Thank you. Go ahead, Ms. Sunke. I'm sorry, Chair, to interrupt.

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I just wanted to make sure we confirm that the proviso form was sent today. Yes. Was it Mr.

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George? Yes, because we just recently received from the RCO a request to remove, to replace the

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curb in our original revised proviso. That was not included, so we wanted to include that. Yes,

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Yes, you're right. It was submitted.

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I'm early to text our counsel.

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Ms. Cole, can you confirm that we received that form?

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I cannot confirm that currently.

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Okay. So we'll hold it for a week.

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We have the form on the screen, just so you can see it.

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But Chair, if I could speak, Mr. George,

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was this submitted to Attorney Saleta today for her approval?

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it was submitted to her and um and carol fee yes okay so we would just want to confirm because our

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notes do not detail that and we would like to confirm for sure and again as mr um plaza stated

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we should wait for a week at least to confirm we have that form in order for them to vote thank

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Thank you very kindly, Junior.

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Thank you.

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Mr. Chair, I just had one additional issue

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that we haven't been able to determine

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the proper resolution of.

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The curb cut, the restoration of the curb

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has been agreed to and is in the plans,

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which we are very appreciative of.

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But there was also stripes that were painted on the street

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to indicate no parking in front of the current property curb cut.

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And the applicant has said to us that they don't believe

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that they have the power to repaint over stripes on the street.

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So we've been reaching out to the streets department

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through the councilwoman's office to determine the best ways to do that.

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But we certainly want to put in the record

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that the intention here is to restore on-street parking which would require not just the curb to

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be replaced but also the stripes that are indicating no parking to be removed okay

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mr chairman we have no control over the street department and we did not paint the stripes when

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we acquired the property so we will work in conjunction with uh with the rco but we really

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don't know what we can do we can replace the curb service right right right we we understand that

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we don't contest that we just wanted to put that on the record just continue working with the

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council person they'll get it you know straightened out okay uh anyone else uh that would like to

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speak in this matter i see no hands chair thank you board has any questions no mr chairman thank

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Thank you. Do we have a planning commission?

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Mr. Chairman, do you need the owner to affirm the testimony that I've presented?

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If he's available, that's fine.

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Lily, are you available?

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Lily Zhao?

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Yes, I'm here.

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Yes, hi, ma'am. Can you please identify yourself for the records by your first and last name, please?

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Lee, first name L-I, last name Zhao, Z-H-A-L.

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You swore a firm to tell the truth, the whole truth, for nothing but the truth?

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Yes.

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Please proceed.

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Lily, have you heard the testimony I presented today?

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Yes.

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And is that true and correct to the best of your knowledge?

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Yes.

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And do you adopt the testimony as your own testimony?

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Yeah, you're representing.

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Thank you.

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That's all I have, Mr. Chairman.

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Thank you.

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Planning Commission?

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um chair i'm pretty sure that the planning commission does not comment on reconsideration

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of appeals that's what i thought okay thank you you're welcome thank you so calendar number

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mi 2021-003-450-4003 filbert street uh the record is closed we'll hold a render our decision

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in a week, pending on this letter that she received the letter for the revised form.

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received uh the letter for the revised uh form thank you good luck thank you

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Thank you.

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Good luck.

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calendar number mi 2021-003187918 north broad street

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