civus
Hearing video

ZBA Hearing - February 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 14, 20245h 47m

a place that's been there, Southside Pizza,

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where they all sell breakfast foods.

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They all sell coffee, sandwiches, and it's just a duplication.

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And in our Point Breeze, as he mentioned at Point Breeze, we want diversity commercial, not all food establishments.

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There are over 15 food establishments on Point Breeze Avenue.

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Some of them are selling breakfasts already on the 1400 block and 1300 block, as well as the Bodegos on the 1500 block.

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It says 1600 block, South 22nd, but he's facing on to the 1500 block of South 22nd Street.

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And I have a real concern. I've reached out because none of the long-term residents came to this meeting. And when he said something about he gave flyers out, but we never got a proof of mailing. So I have a real concern. I asked if maybe there's any way we can further look into that mailing to see if those residents were actually notified. Thank you.

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Thank you for taking the time to call. Is there anyone else in the virtual audience?

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no hands chair my planning commission oh can i can i respond to the testimony

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um for the record why don't we let the planning commission talk first then i'll let you have the

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last word okay okay planning commission okay thank you chair bergman sarah bond philadelphia city

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planning commission the comprehensive plan recommends no change to the existing commercial

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mixed-use zoning. The proposed use will not cause detrimental impacts to the neighborhood

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beyond what might normally be expected. The appellant has supported their hardship claim

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with evidence of unique physical circumstances of the property. The City Planning Commission

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recommends that the zoning board grant the special exception. Thank you. Mr. King. I would

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just like to state for the record that I personally received a mailing, as did my mother-in-law across

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the street. And that, in response to the other testimony about other food businesses,

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it is actually unlawful. This use is permitted in this. A special exception is not an exception

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to the zoning ordinance, but rather a use which is expressly permitted, absent a showing of

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detrimental effect on the community. In this instance, it is unlawful for a municipality to

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zone or to refuse to zone for the purposes of limited competition with existing businesses.

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So, Ms. Green, with all due respect, that is not one of the considerations for a special exception.

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And I believe that the applicant has met the burden of showing that the proposed use will not burden the – there's no specific detrimental impacts beyond which would normally be expected from a CAFE.

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from a cafe thank you thank you very much so mi2023 005035 1600 south 22nd street i vote yes with

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Thank you, Mr. Chairman.

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Thank you very much.

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so MI

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proviso use limited to first floor and basement with privately approved single family home living

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above thomas holliman my vote is yes with proviso james snell my vote is yes with proviso thank you

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council you have your votes thank you is there anyone in the virtual audience who their case

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has not been called from the 9 30 list i see no hands chair thank you everyone see everyone at 2

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pm all right all right all right how do we start

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's EBA hearing.

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With me is our board member, Thomas Holliman.

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Present, Mr. Chairman.

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Our board member, James Snell.

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Present, Mr. Chairman.

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And our alternate board member, LeBaron Leonard Palmer from the Division of Development Services.

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Present, Mr. Chair.

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Also here is our attorney, Hillary Emerson, and also our executive director, Tanya Sunken.

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Here's our virtual format.

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Be advised if proceedings are being recorded.

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The video will be available by contacting tanyasunken at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter the period statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunkett.

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Let's look at our schedule for this afternoon.

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Here we go.

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Number three.

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MI 2023-006-510-1232 East Kelowna Street.

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That case is continued.

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Number seven.

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MI 2023-003-492-2319-223, North 2nd Street.

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That case is continued.

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Number 11.

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MI 2023-002-787-90 Red Lion Road.

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That case is continued.

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And number 15, MI-2023-003-775-3148 West Burke Street, that case is continued.

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Are there any other, are there any comments relative to the cases that I've continued?

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Good afternoon, Chair.

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This is Doreen Blakely.

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I will continue to be your co-host this afternoon, and I have a hand up by Robert Everett.

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I will allow him to speak.

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Good morning, Mr. Everett.

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Yes, good afternoon.

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Good afternoon.

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I'm sorry, Mr. Everett.

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

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Sure.

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First name is Robert.

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Last name Everett, E-V-E-R-E-T-T.

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Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?

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i do what case do you want to talk about sir the one you just continued for 1232 east colonna street

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okay i think it was number three okay uh i'm on the zoning committee for fish town neighbors

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association yes sir but was there a reason given for why it's continued because i'm not aware of

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anything um we understand that the the the i believe the attorney is still working with the

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community okay okay thank you all right thank you sir is there anyone else

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yes chair tyrone williams has a hand up and i will allow to speak

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i'm mr williams all right sir could you state your name please and spell for the

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All right, sir, could you state your name, please, and spell for the court stenographer?

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court stenographer. Yes, good afternoon.

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Yes, good afternoon.

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I am Tyrone Williams, T-Y-R-O-N-E, Williams, W-I-L-L-I-A-M-S.

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Swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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What case do you want to talk about?

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3148 Westbrook Street.

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Okay.

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Well, as you know, we gave a letter of support.

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I just want to dive into the letter just a bit

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to talk about the reasons why we support this project.

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But, Sarah, let me say this.

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That case has been continued.

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The council member wants to work with the neighbors more.

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And council for the property owner

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has no objection to the continuance.

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Understood.

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Okay.

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Mr. Williams, as usual, thanks for calling in.

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We appreciate it.

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Yes, sir.

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Okay.

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Is there anyone else?

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Yes, Jack O'Hara.

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Okay.

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Hi, Mr. O'Hara.

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Hello, Mr. Chairman.

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

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Yes, Jack, J-A-C-K, O'Hara, O apostrophe, H-A-R-A.

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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 what case do you want to talk about 90 red lion that was continued sir yeah hold on one

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minute let me get it up yep proceed and i believe this is a fourth continuance right right so so

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So this this will be must be heard.

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The attorney is not available, but we're aware of it and he will be here the next time.

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OK, we have a number of discrepancies with the refusal.

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OK, that's fine. That's fine.

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We'll make sure you know when the next hearing is. OK, sir.

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Understood. Thank you, Mr. Chairman.

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Thanks for calling in. Anyone else?

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Yes. Karen O'Hara.

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who Karen O'Hara Karen O'Hara hi could you state your name please uh spell your name for

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the court stenographer sure Karen K-A-R-E-N and O'Hara that's why I answered I thought they were

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saying my name wrong when they asked for Jack I don't know who Jack is but all right all right

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do you swear affirm to tell the truth the whole truth nothing but the truth I do could you tell

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Tell me what case you're interested in.

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The Kelowna Street case.

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See here, I'll be right with you as soon as I can pull it up.

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I see it here.

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Yep.

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Okay, so I just want to make sure I understand how this works.

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We actually got a letter in our mailboxes from another neighbor

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telling us how to get on to the Zoom for today.

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But now, since we were on this call and it's going to be a continuum, are you sending us?

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You will get a copy when the case comes up again.

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Beautiful.

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And do you have any idea?

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I can't answer that.

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But if you get a chance, when you pull the office in a couple of days or so, I'll have a better understanding when that will be.

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Okay.

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Okay.

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In the chat.

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All right.

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Thank you very much for calling us.

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We appreciate it.

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Is there anyone else?

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no more hands chair okay thank you we're going to go to our add-ons

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okay here we go um number one adeline 2023

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zero zero three five one zero 2809 to 13 master street

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i vote yes

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temporary variance expiring 214-27 for group living in building b

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thomas holloman my vote is yes with proviso james snell my vote is yes with proviso thank you

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Number two, MI 2023-004-533-832 South Front Street.

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I vote yes with proviso.

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No limited lodging.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Number three, MI 2023-006-278-2731-Frankford Street, I vote yes.

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LeBaron, you vote on this one.

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James Snell, my vote is yes.

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James Snell, my vote is yes.

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LeBaron Leonard Palmer, my vote is yes.

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Thank you.

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And number four, MI 2023-005-098-201 Hermit Street.

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This is a re-vote from this morning.

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I vote yes.

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Temporary variance to expire, 214-27.

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Two, must obtain a certificate of occupancy.

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Thomas Holliman, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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We're going to go to our regular list.

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Number one, MI 2023, 006-507, 2000 Spring Garden Street.

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Meredith Ferraglager is the attorney.

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There's a letter of support from the Spring Garden Civic Association.

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Meredith Ferraglager is coming in as a panelist here.

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Chairman.

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Good afternoon, Counselor. Could you state your name, please, and spell for the court stenographer?

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Sure. Meredith Ferliger, F-E-R-L-E-G-E-R, 1500 Market Street, Suite 3500E.

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Do you swear, Ferliger, to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you identify your client and relationship to the property?

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Most certainly. My client this morning is 2000 Spring Garden Street, LLC, which is the owner of the property,

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represented by Rami Shrine. Okay, and our Mr. Holloman has a few questions for you.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his

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accuracy? I certainly do. Did you email all the exhibits and documents as required five days in

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advance to this hearing? I did. Thank you. Please proceed and share your screen. Sure thing. Thank

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you mr chairman members of the board uh the request before you today is fairly minor so i

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will try and keep my presentation brief unless the board should have additional questions

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the property before the board today is located at 2000 spring garden street in the city spring garden

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neighborhood the deed is included in the exhibit packet at exhibit 3 and tax clearance is provided

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at Exhibit 2. The exhibit packet includes 13 total exhibits, which I will briefly walk you

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through. At Exhibit 12, as you are aware, there is a letter of support from Spring Garden Civic

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Association for today's request. As a brief overview, the variants today request to reinitiate

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or reinstitute an off-street parking area that has existed continuously in this location

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since at least the 1960s. By way of overview, if you see on the exhibit map that should be up on

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the screen now, you will see that the property is owned RM1 and sits at the corner of Spring Garden

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