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Hearing video

ZBA Hearing - July 23, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 23, 20254h 34m
Open source video

Cases heard in this hearing

Properties heard at this hearing

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

Thank you.

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Yeah, I'm sorry, because I cleared all the cookies last week, so I was like, is this a

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cookie?

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Like, what? There's something with this.

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Good morning, everyone.

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My name is Bill Bergman, and I will be sharing this morning's EBA hearing.

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With me is our board member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our 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, Taya Nguyen.

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Present, Mr. Chairman.

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And our board member, Ryan McAdams.

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Present, Mr. Chairman.

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Also present is our board attorney, Hillary Emerson,

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our zoning board director, Ian Haggerty,

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and our board administrator, Lakeisha Dandy.

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

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If I participate in, you agree 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,

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speak you must state and spell your name and then wait to be sworn in once you've been sworn in

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please state your name each time before your testimony any person may enter their appearance

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to become an interested party there are three ways you can identify the case property address

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on your zoom webinar registration you can see a staff member or you can call the zba appearance

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line by the close of business tomorrow. Call 267 -270 -5548. Leave a message that includes

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your email address and the address of the property of the appeal. Following guidance

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is for our remote attendees. When directed by the chair, you must raise your virtual hand in

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order to be recognized. Second, if you're called to testify, you'll be prompted to join as a

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panelists. Please accept the request and turn on your camera. Third, the webinar Q &A is for

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questions about the hearing. Do not comment on cases in the Q &A. Fourth, if you're participating

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by phone, press star 9 to raise your hand and star 6 to unmute. For our in -person attendees,

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please refrain from talking, eating, or drinking during the hearings. Verbal and physical aggression

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will not be tolerated. Restrooms are across from the elevators. A water fountain is just outside

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the room to the right. When speaking on the record, you must speak directly into the microphone in

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order to be heard by all attendees and a court reporter. In the event of an emergency, please

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follow the directions given over the public address system or by the staff. The main exit

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is through the double doors at the rear of the room. The nearest stairwell is to the left outside

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the doors. In case of an evacuation, the rally point is Love Park directly across Dart Street.

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Please remain here so we can account for you.

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Let's look at our schedule for this morning.

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Number two, MI 2024 -005 -757 -9212 Delaware Avenue.

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This case is continued to 930 on 211 -26.

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Number three, MI 2024 -005 -759 -9214 North Delra Avenue.

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That case is continued to 2 -11 -26 at 9 .30 a .m.

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Number four, MI 2024 -005 -788 -9216 North Delra Avenue.

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That case is continued to 2 -11 -26 at 9 .30 a .m.

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Number six, MI 2024 -006 -068 -9218 North Delaware Avenue.

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That case is continued to 2 -11 -26 at 9 .30 a .m.

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number 11

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MI 2025

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MI -2025 -001 -047 -2006 Bellevue Street.

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001 047

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20

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We have no exhibit.

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This is the first listing, and there's a request from continuance from Israel Graham email dated 7 -11 -25.

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So this case will be continued till 2 -11 -26 at 9 .30 a .m.

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And number 12, MI -2025 -001 -099 -6324 Sackett Street.

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This case is continued until 2 -11 -26 at 9 .30 a .m.

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Are there any other requests for continuance?

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Good morning, Mr. Chair.

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This is Jason Hand.

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I will be your coals for the session.

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I have a hand up from Bria Kennedy.

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I will have him to speak at this time.

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Good morning.

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Could you please state your name?

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It's spelled for the stenographer.

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Good morning.

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My name is Bria, B -R -I -A, last name Kennedy, K -E -N -N -E -D -Y.

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Right.

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

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I do.

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Could you tell us what case you're interested in?

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I don't have the case number present, but it's for 3904 Aspen Street

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to be heard at 9 30 this morning that's number 10 mr chair and there's as well uh 30 so so so

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that case uh 3904 aspen are are you um you're you're the uh i'm the applicant and expediter

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on this case sir okay so yeah so um miss kennedy we do not have any exhibits um with this case so

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it cannot proceed today and also the property owner needs to be the one to present the case

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an expediter cannot present a case okay yep we emailed for a continuance i wanted to just make

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sure that we got a date we emailed for 10 minutes okay we i don't think we received that email but

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we did not receive any exhibit so it will be continued okay so number 10 mi 2025 000 953

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3904 Aspen Street. Cases continue

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to 211 -26 at 930. Must be heard.

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And there is a second case as well.

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Pardon me? There is a second case as well.

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And that is for 3210 North

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5th Street. The property owner did not retain

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an attorney as of yet for this case and it needs to be

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continued as well. What number is that, Hillary?

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Okay.

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That's coming back. We'll have that at 3 .30. That's not this morning.

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Thank you. We appreciate it. Thank you.

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Anyone, any other requests in a continuance?

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Yeah, I do not see any hands.

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All right. So number one, MI 2023 -003 -382 -6340, Musgrave. Troy Pratter is the listed owner. This is the fifth listing. We have no exhibits. There's a request from Mount Airy neighbors for a dismissal. Mr. Pratter.

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I do not see any hands raised for that matter.

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I do have a hand raised from a number ending in 3552.

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I believe this is Adrian Fernandez.

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Adrian?

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Ms. Fernandez, please unmute.

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Hello?

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Good morning, Adrian.

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Could you please state your name as spelled for the stenographer?

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Yes, Adrian Fernandez.

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My last name is spelled S -E -R -N -A -N -D -E -Z.

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

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Yes.

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Adrienne, what case are you interested in?

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3029 North Stillman Street.

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I believe the owner is on the line, but she may be having some kind of problem getting in.

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She's requesting a continuance.

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She did notify all the affected RCOs, Planning Commission, and also District Council 4 that she needed more time to schedule a public meeting.

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Her name is Tanisha Brumskill.

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She may be on the Zoom.

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Thank you very much.

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And in this case, we believe an attorney may be needed as well because Ms. Brumskill is doing business as an LLC.

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And in this case, we believe an attorney may be needed as well because.

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Yes.

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Okay, so MI 2025, 0008223029 North Stillman Street.

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Cases continued to 211 -26.

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Mark must be heard.

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Thank you.

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Thank you.

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um number five hillary we have a continuous request on this am i correct yes from the rco

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we should see if um anyone here is present okay so mi 2024 005 847 7335 montour street

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the rco's requested continuance yugo zing zinga is the listed owner

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we have been allowed to speak hello hi is yuga zinga there please

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hello hi who who's calling please state your name um my name is selenas reynoso

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s -e -l -y -n -e -s reynoso r -e -y -n -o -s -o

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hold on hold on hold on do you swear a firm to tell the truth the whole truth nothing but the

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truth yes are you involved in this case still in 7335 montour street yes to how are you involved

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um i'm the contractor i have submitted i know but is the is the owner available

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um he's not here right now he was but he just left he had an emergency he came to the office

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but and since the case was going to be continued because it has an email request and a contingency

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because um the rcr requested another date all right all right thank you so mi2024

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0 0 5 8 4 7 73 35 montour street this case is continued to 2 11 26 at 9 30 a .m mark must be

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heard and and um ma 'am i just wanted to note that the property owner will need to be the one

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that presents the case once this is heard before the zoning board no problem he will be doing that

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Okay. Thank you.

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And number 10. No, we have that. Okay. We did that. Okay.

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Let's go to our first case.

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Number eight, right?

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Number eight, right? We've covered everything, right? Okay.

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Army? Okay, I got it.

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Number one, MI 2025

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00621

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1541 Adams Avenue.

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I vote no. Michael Johns, I vote no.

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Cheryl Gaston, my vote is no. Tanetta Graham, my vote is no.

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Brian McAdams, my vote is no. Ty Owen, my vote is no.

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Number two, MI 2024 -007 -539 -5236 North Broad Street.

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This hearing will be rescheduled for vote on Wednesday 7 .30 at 9 .30 a .m.

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number eight on our regular list

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MI 2025

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00940

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303 Marketry

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Zen Jin is the attorney

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there's

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old city district RCO is

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unanimous support and the letter

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of non -opposition from council member

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Squilla

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sure they're coming back in

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as a panelist now thank you

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good morning good morning counsel could you please state your name and spell for the sonographer

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yes my name is zen jen z -h -e -n last name is j -i -n here on behalf of the applicant

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all right do 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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Could you identify your client

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in the relationship to the property?

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Yes, my client is Mr. David Singer,

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the trustee of Michael Singer Exempt Trust,

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which is the owner of the property.

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Please share your screen and start your presentation.

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Thank you.

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I'll share with the board

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what was previously submitted as an exhibit.

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Can the board see my submission on their screen?

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We can, sir.

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Thank you. So to quickly go over the application, this is a referral based on the Old City

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Thank you.

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so to quickly go over the application this is

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Residential Overlay District. This property is actually zoned CMX3, which normally the proposed

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use would be a by right use, but because of the overlay, it is now a special exception use.

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The application is for the use of the first space of the property as a fresh juice store

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and restaurant, not really a restaurant, it's a fresh juice shop.

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So when we met with RCO, they certainly welcomed the concept.

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It's something that would be beneficial to the community as a service and available option.

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It is on a block that is commercial in nature throughout, so none of the uses or the proposed use changes would negatively impact the block in any way greater than these kind of uses typically would.

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So as you can see in the photograph, I'll zoom in slightly, there are existing shops throughout the block on both sides.

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We're currently vacant and will be filled in by this juice shop.

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The proposal for the shop is pretty straightforward.

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There will be a counter for service and then the preparation of the fresh squeezed juices and the mixes will be behind the counter and served to the customers.

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There is a trash plant already in place with the client.

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We actually submitted with our application exhibits, the menu for the smoothie juices,

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it's an AMI juice bar will be the name, and proposed business plan with operating hours

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and the various shift management and service. So this, again, this application is for a juice bar,

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not a restaurant, even if we were to look at it from impact of its use, I think that this type of

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use generally would have less impact than a typical restaurant use and certainly would not

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have a greater impact in the neighborhood than what is normally expected. Therefore, we asked

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the board's favorable review of this special exception application. I do believe my client

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is here to verify my testimony, and we're certainly happy to answer any questions from the board.

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Sure.

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We'll bring your client on.

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But counsel, is this first floor only?

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First floor only, yes.

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All right.

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Thank you.

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First floor, I'm sorry, first floor, and I believe the basement level as well would

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belong to the same shop.

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But the second and upper floor would be a separate use.

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Okay.

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Why don't you bring your client on?

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Sure.

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Mr. Singer, can you raise your hand virtually to be identified?

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we have a promoter panelist

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I'll be coming again shortly

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sure thank you

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thank you

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good morning Mr. Singer

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could you please state your name as

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spelled for this stenographer

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David Singer

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D -A -V -I -D

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S -I -N -G -E -R

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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.

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Please proceed, counsel.

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Thank you.

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Mr. Singer, briefly, the last question the board asked was whether the tenant will be using just the first floor.

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Is the basement also included?

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I just want to clarify that answer.

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He'll be using the first floor, and the basement area is a mechanical area for the heating unit and plumbing apparatus and things like that.

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Thank you. Did you see my presentation and hear my testimony otherwise before the zoning board?

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Yes, I did just now. Yes.

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Thank you. Can you verify what I've represented to the board is true and correct and adopt it as your own testimony?

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Yes, it's true and correct.

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Thank you.

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Questions from the board.

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Yeah, what is the trash plan? You said there was one in place, but how is it?

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So so if you look at the if you look at the business plan that so the they're going to compose the food disposal.

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When you put it back up. Oh, sure. I'm sorry.

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So the the plan here is that they've done this already in other locations.

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They're going to compose the food products because basically it's going to be fruit peels and those kind of items.

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So they're going to have that. There will be trash bins empty at the end of each day, and they're going to double back to prevent leaks or spills.

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And they're going to double back to prevent leaks or spills. So the food compost will be then transferred elsewhere for gardening purposes. And they're actually going to keep the fruit peels for a garden that they have, that the owner actually owns elsewhere in the city.

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okay and then how are they going to manage just like smell like composting is a whole process

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that usually requires a very specific setup um how are they going to is that going to be happening

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in that back room behind the the bar uh they they're not uh doing the composting on site they

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have another place where they take the food to be composted and then uh used in the garden that they

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they own so how often are they taking this uh this i guess this byproduct off -site is it

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happening daily daily okay daily yes and then is there a bathroom that uh public uh or that

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customers have access to because i did see a bathroom on the plan but it did look like it was

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for employees only i do not believe it there is a bathroom for the customers because it's most

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the the way the juice bar works is all take out um so there's really no consumption

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or very little on site and then what's happening in the basement because i do see that oh it's

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mechanicals uh mechanical not uh so they won't really use it for much other than the mechanicals

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and what's related to the building mechanicals okay and then is where is the stock is all of

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the stock happening in that central room between the counter and the bathroom yes it'll be here

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and here here's where they do the preparation and storage will be right here because it's a

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again it's it's a juice bar so they really uh the stock coming in would just be fruits and

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that would be the extent of it yeah i guess my question is i'm assuming fruits are going

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to need a lot of refrigeration and i didn't see any refrigerators on this plan

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and the walls didn't look deep enough to have recessed refrigerators so i was just

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they would i believe they will have they would obstruct a lot of the walking path to the bathroom

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which was my question yeah david do you happen to know their plans for the refrigeration

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as far as the tenants are concerned no they have uh refrigerators that they'll

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use that they don't have any sort of walk -in box that i'm aware of that hasn't been discussed i

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believe it's going to be just straight commercial refrigerators that'll be of a slim nature uh

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somewhere in that middle space on the wall is what I, what I assume.

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Thank you.

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Question. Is there, is there, I see a doorway with a stair that goes up.

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Is there, is that the,

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the only way to get to the upper floors and the tenant is going to occupy the

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upper floors also?

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So they're not occupying the upper floor and the upper floor actually will be

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staying vacant at this point.

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If the upper floor would be converted to some kind of use in the future, I think we're going to have to revisit the access for the upper floor.

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But as of right now, the design is here, but they're not actually going to be using the upper floor.

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OK, so that'll be blocked, locked off.

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Yes. They have access to the downstairs, though.

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OK.

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OK. In question, delivery of the fruits and vegetables and what have you, how is that going to be handled?

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So that would be delivered mostly by van because they're not going to have a big, really need for a big truck delivery.

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We did discuss it as a community and the delivery would be from the front on the street and during the morning hours tend to be when the deliveries would come for most of the other shops as well.

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So I believe there are parking that are for temporary parking for delivery on that block that tend to be used by delivery vans.

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okay and this is like a small batch kind of operation yes yes this is a small relatively

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small space um so about how many customers you're thinking about per day that i am i'm not sure if

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they have an estimate on their plan um they expect mostly the customers will be local people walking

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in. Let me see if their business plan has any specifics on here. I don't believe we had a number

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on the estimated customers. Although the community indicated they are welcoming of the idea because

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it's something that the local residents would be interested in purchasing. No, we don't have a

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number i'm sorry i don't have that okay that's all right thank you questions or comments from

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our attorney hillary emerson not at this time mr chair question or comments from the virtual audience

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i do not see any hands mr chair planning commission amy board with the planning

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commission amy boyd do you swear or firm to tell the truth the whole truth and nothing but the

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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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true. I do. Please proceed.

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I do.

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Please proceed.

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The comprehensive plan recommends no change to the existing zoning of CMX 3 commercial mixed use.

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The appellant has shown that the proposal will not cause detrimental impacts beyond what would reasonably be expected.

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The planning commission recommends that the board grant the requested special exception for prepared food.

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MI 2025 -000940 -303 Market Street.

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I vote yes with proviso, limited to first floor only.

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I vote Johns.

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My vote is yes with proviso.

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Cheryl Gaston.

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My vote is yes with proviso.

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Tanetta Graham.

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My vote is yes with proviso.

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Ty McAdams.

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My vote is yes with proviso.

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Ty Wynn.

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My vote is yes with proviso.

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Thank you, counsel.

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Thank you.

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Number nine, MI 2025, 000941, 1241 Adams Avenue.

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albert alberto perez is the licit applicant this is a pro se and mr chair we have an

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interpreter for this case we do yes we do so ask the interpreter to please come on

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but we'll be coming back in as a panel shortly thank you

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Good morning. My name is Stephen, S -T -E -V -E -N, last name Aubain, A -U -B -A -I -N, ID number YM288, and I'll be the Spanish interpreter.

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Thank you. Do you solemnly swear or affirm that you will interpret accurately, completely, and impartially from English to Spanish and from Spanish to English to the best of your ability?

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Yes, I do.

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could you please call um alberto perez alberto perez usted puede entrar a la

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linea puede levantar la mano para entrar a la linea

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actually the the person we're looking for is the owner and i believe she has

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her hand raised anna capillon

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I promoted them to panelist, they should be coming back in shortly.

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Anna, could you please state your name and spell for the sonographer?

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My name is Ana Capellan, A -N -A, last name spelled C -A -P -E -L -L -A -N.

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Right. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

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I swear.

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Okay. Is Alberto Perez there too?

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I believe Mr. Perez is...

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Alberto isn't here with us. My son Juan is here with us.

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Is Mr. Perez your expediter?

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Y el señor Perez, el expediente.

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Sí, es la persona que está sometiendo todos los documentos.

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Yes, he's the person that is submitting all the documents.

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Okay, so this application is for the erection of an addition at the rear of the existing semi -detached structure.

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For use as two -family household living.

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the proposed use

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to family household living

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is prohibited

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in the RSA 5 zoning district

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could you please

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share your documents

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on your computer.

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Yes, my son's going to do it now.

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And while he's doing that,

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Ms. Capellan,

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did you attend a community meeting

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with the Frankfurt CDC?

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uh cdc yes did you receive a letter from them about the results of the meeting

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so no they haven't sent it to me they said that they're going to send it to you guys directly

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okay we have not received a copy to date i'll i'll double check to just make sure it didn't

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just get sent in but we haven't received anything yet either así que nosotros todavía no no hemos

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recibido una copia en este hasta el día de hoy así que vamos a chequear de nuevo a ver si lo

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la enviaron, pero todavía no la hemos recibido.

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OK, so could she please start her presentation?

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Así que ya puede empezar su presentación.

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Mira, yo, mi hija tiene un bebé y yo pensé en ella, pero entonces al resultar muy grande

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so i was thinking of my daughter she has a baby um but i also noticed that this space was

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very large so that's why i was asking for um two apartment

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what what she has on the screen what she has on the screen she could could she please identify it

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force so it's what he submitted um and it's uh for the structure so it could be according to the

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law okay so so the first one i'm looking at my left what is that

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Así que el primero que estoy viendo a la mano izquierda, ¿qué es eso?

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A la mano izquierda, espérate.

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Ese sería...

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Déjame ver bien.

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Good.

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Questions here.

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I have a little more...

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I've been with her about the whole process.

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We can only take testimony from hers.

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Okay.

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Okay.

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The first document here, what do we see?

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Ajá, el primer.

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Así que en el primer documento, ¿qué es lo que estamos viendo en la mano izquierda?

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En la mano izquierda estamos viendo, al entrar una pequeña cocina, un baño,

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So we are seeing the kitchen, we're seeing the bathroom, we're seeing the entrance, the front door entrance, we're seeing the kitchen and then two bedrooms.

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no i don't i don't think i'm talking all the way over to my left

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so the basement is remaining the same there's um nothing that's going to be added it's just

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So the next one's the first floor, the next one's the third floor, or the second floor,

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I'm sorry.

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And then what's the last document, the last structure?

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¿Y cuál es la última estructura?

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Ah, desde arriba, eso se va a quedar tal y como está. Eso es como una habitación. Eso no se va a tocar.

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So the last one is going to remain the same. It's a room, and it's not going to have any work done.

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Is that a third floor?

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Eso es un tercer piso.

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Sí, es como un tercer piso. Solamente hay una habitación grande arriba. Eso se quedaría igual, este tercer piso.

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so yes it's the third floor it's just a big bedroom and it's just going to stay the same

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So, yes, it's the third floor.

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It's just a big bedroom, and it's just going to stay the same.

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But could you please show us photos now?

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Así que no puede enseñar fotos ahora.

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Ahora déjame ver.

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Esperate que yo no soy buena en computador y mi hijo me está ayudando.

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So, let me check.

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so it's more for that my daughter can have a place to live but it's a very large space

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and she's going to live on the second and third floor

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Ella va a vivir en el segundo y tercer piso

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No, ella va a vivir en unos de los apartamentos

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Que ella decida, uno, el segundo o el primero

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Esa es su decisión

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No, she's going to live either in the first or second apartment

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It's her decision

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Say that again, I don't know

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The interpreter will be

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Are you going to make a decision whether the first or second floor?

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Yes, that's correct

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Okay

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um questions from the board yes um looking at a satellite photo it does look like the third floor

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already exists and so because this application says it's for an addition what new construction

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is being completed así que este basado en la foto de satelite parece que el tercer piso ya existe

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Y cuando se trata de esta solicitud para una adición, ¿qué es la nueva construcción?

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La nueva adición es primer piso, primer piso y segundo piso.

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Esa es la nueva adición, que ahí el patio es grande y tal, una cosa, y ahí vamos a este primer piso y segundo piso, nada más.

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So the new addition is going to be the first floor and the second floor that we're going to be adding the two apartments.

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The interpreter requires verification.

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Usted dijo, ¿qué fue lo último que dijo acerca del patio grande?

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Sí, que como tal extensión en el patio, eso es lo que vamos a extender, primer piso y segundo piso, más nada.

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so um since there is a large backyard that's what we're going to extend the first floor and

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the second floor nothing else show us what that looks like the plans we had i thought were existing

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plans could you show us what the new addition is este porque los planes que yo estaba viendo yo

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creía que era ya eran planes que existían ahí nos puede enseñar cuál sería la adición

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Yes, I'll show you.

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put in place so the edition was approved but nothing has been done yet

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can we go back to the drawings um because i think you had an elevation that showed

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the existing to what was being put back new. Correct. I think we're just trying to understand

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on the plan. Yeah. Así que podemos regresar para atrás a los dibujos porque enseñan una

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elevación este y de lo existente y lo que se va a añadir. Es sobre lo que. So everything

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She has to testify, sir.

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Okay.

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Ella tiene que testificar.

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Así que usted tiene que testificar, señora.

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Is it where the highlighted lines are?

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Está ahí en el plano ya añadido.

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El plano que se ha sometido ya está.

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Eso es lo que se va a hacer.

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En base a eso es que está la estructura ya aprobada.

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So what is on the plans is what has already been approved and nothing else is going to be added.

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What is on the plans is what has already been approved and nothing else is going to be added on top of that.

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It's just it's going to be done within what has already been approved.

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And what does she mean by it's already been approved?

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Because we're here to get approval from us today.

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¿Y a qué se refiere de lo que ya ha sido aprobado?

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Porque si estamos aquí en esta reunión para que ustedes puedan recibir una aprobación.

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Exactamente.

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Aprobación, o sea, aprobado quizás no es la cosa, pero la propiedad está ahí.

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Lo único que queremos hacer es lo que está en el plano, aprobar dos apartamentos con la estructura que está ahí.

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No vamos a hacer nada de lo que no sea en el plano con todas las cosas que están ahí.

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So the maybe approval was the wrong word, but meaning that we are not planning on adding anything on top of what is already there.

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So we're just wanting approval for two apartments on the two structures that are already in place.

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so so just to just to clarify um so i believe that um a permit was already issued for the

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addition but that was only for the addition that wasn't for the two -family use so now you've

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applied for a permit for both the addition and the two -family use is that correct

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Así que para clarificar, el permiso primero que ustedes habían solicitado era solamente para la adición, pero ahora están sometiendo para un permiso de uso multifamiliar. ¿Eso es correcto?

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Sí, eso es correcto.

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Yes, that's correct.

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Okay, and then where are the utilities for the second floor unit going to be?

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¿Y dónde estarán las utilidades para la segunda unidad en el segundo piso?

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In the closet that is marked there, there will be all the utilities for the two apartments.

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So there's going to be a metal closet that's going to have the utilities for both apartments.

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okay and then

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so and you can see it on the plans and it's um on the first floor and in the um end of the first

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floor so um and how it the designer designed it was or the architect designed it um he's gonna

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to have utilities for both apartments, and he already added a separate place where those

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utilities would be.

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Okay, and then what's the trash plan for the two units?

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¿Y cuál es el plan de basura para ambas unidades?

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Se va, o sea, cada, hay mismo, porque la casa es sola, no está pegada, entonces hay

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un pasillo grande donde se ponen las dos cosas de las unidades de basura porque la casa no es

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pegada, es despegada. Permítame, so since the building is separate, there's an alleyway and in

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that alleyway there is enough space to put the trash and that's how they normally put the trash.

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Okay, and then both tenants have access to the alleyway and to the rear yard?

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Y ambos inquilinos tuvieran acceso a ese pasillo y la parte de atrás.

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Correctamente.

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Correct.

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And is there a drawing that shows the facade with the new second entrance?

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Y este, hay alguna foto que enseña este edificio con la segunda entrada?

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Sí, claro que sí.

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Tratamos de buscar.

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Yes, we're searching for it now.

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I don't know.

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You know, I see it in plan.

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You know, I see it in plan.

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I was wondering, do we have it in elevation to see the new elevation?

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I was wondering, do we have it in elevation

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to see the new elevation?

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Así que ya lo vemos en el plan.

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Queremos ver el aspecto de elevación.

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El aspecto de elevación.

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Déjame ver usted.

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Que no hay, no se va a hacer elevación.

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so it's not going to be elevated it's just going to remain how it is

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there's no entrance there currently though but there'd have to be there'd have to be a step up

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because the first floor is above grade because it tuviera que haber este como un paso para

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So it's in the plans and it's in the picture.

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That's the door for the first floor.

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And then the door for the second floor is going to be created.

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where you see the window that's where the um door it's gonna be and it's gonna be doors

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leading up to the stairs so um we're going to take out the window and that's where we're going

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to place the door so the reason i asked is that's not where it is in the plan and that's why i

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wanted to see a drawing that showed the relocation of the door because in the plan it is shown very

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close to the gutter which is not where the window is and i wanted to know what the plan for that

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window opening was but así que por eso es que le estaba preguntando porque en el plano no está

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como lo estoy viendo ahora está más cerca de la alcantarilla y quería saber a dónde

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es que iba a estar ubicada. Ahí se va a remover la ventana más para acá.

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So the window is going to be taken out and it's going to be moved more to the side.

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so then it's going to be pushed to the side and it's going to have new supports

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and um because i i understand that it's going to be closer to

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the gutter and so it's going to be created new and and a new door with uh supports okay i would

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just tell your client i would suggest that they make sure that that's reviewed by a structural

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engineer yes it's going to be a company that's going to do everything it's going to acquire

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the correct permissions because by law it has to be a certified company what's what's the

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what's the depth of the rear yard with with the addition

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so we're gonna show you the picture right now

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I didn't see a dimension on the plan.

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so there's a site there's a site plan at least i don't know i don't know how accurate

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the site plan is

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and I can't read the dimension

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And I can't read the dimension, but it looks like you've got a fairly decent rear yard.

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but it looks like you've got a fairly

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Así que ahí está el plan de sitio, y no cuán preciso es, pero se ve que usted tiene una parte atrás que es bastante grande.

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Sí, y la yard es bastante, bastante grande.

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Yes, it's very large.

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Right. So, I can't understand why you're building an addition and have layouts that really are not livable for a two -bedroom unit.

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literally it's a kitchen and that's it barely enough room for dining or our living space

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in the two plans on the on the first floor or the second floor plan

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Porque literalmente es solamente como una cocina, no hay este.

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No, pero que atrae suficiente espacio, mucho espacio en la parte que los apartamentos van a salir con suficiente espacio porque se puede ver.

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so um but there's still enough space each unit is going to have two bedrooms it's going to have

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a living room and it's also going to have a kitchen so there's going to be enough space

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not based on the plan dimensions

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so it might be that the first floor isn't as big but the second floor is pretty big

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no I'm done okay answer if she knows if there are any other multifamilies on the block

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¿Usted sabe si hay algún otro este multifamiliar en la cuadra?

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No

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no okay questions or comments from our attorney

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because um most of the houses there are um joined together and mine's like one of the

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only ones that is separate um yeah i just wanted to because i was looking at the plans

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that were submitted

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with the application

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and the plans

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that were submitted

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with this application

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only show an addition

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on the first floor.

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Así que quería dejarles saber

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que los planes

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que fueron sometidos

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con esta solicitud,

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esos planes solamente

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demuestran una adición

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en el primer piso.

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And the plans

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that were submitted

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with your exhibits

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are the plans

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that were approved by lni for the for the permit that you have for the addition and that shows an

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addition at the first and second floors y los planes que fueron sometidos este con los anexos

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So, if we approve the addition on this application, it would only be for the first floor.

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No, pero que se mandaron los dos.

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so both of them were sent in so i understand the the plans for an addition on the first

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and second floor were sent in with your exhibits but what was reviewed by ellen i with this permit

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application only shows an addition on the first floor yo entiendo que este los planes para la

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adición del primer y segundo piso fueron enviados este pero este lo que es

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repasaron a través del ley fueron los permisos pero los permisos de la

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aplicación solamente para las del primer piso nos los permisos que yo estoy

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No, lo permiso que yo estoy solicitando es para hacer los apartamentos, no para hacer la adición.

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solicitando y para hacer los apartamentos no paras

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So the permits that I'm applying for are to create the two apartments, not for additions.

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Para hacerlo multifamilia.

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Para hacerlo multifamilia, eso es.

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To make it up.

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Permiso que yo estoy pidiendo solamente para hacerlo multifamilia.

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So I'm just asking for the permit to create it or to make it a multifamily.

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okay that that makes more sense how just so you know the way the application was filed was for an

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addition and to family not just for two family y eso tiene sentido es que la solicitud como la

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So it must have been an error because what we're asking for is just to make it a multifamily.

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Solamente eso, parece que fue un error.

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Porque la adicción ya está hecha, ¿entiendes?

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Está aprobada.

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Entonces solamente el permiso que yo estoy solicitando hoy ante la corte,

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dile así, para que me aprueben en multifamiliar,

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porque el permiso de la adicción ya eso está aprobado.

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Because the permit for the addition is already approved,

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so that's why we're only here in front of the board

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to ask for the permit for a multifamily use.

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Okay, thank you so much for the clarification.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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Así que Amy Boyd con la Comisión de Planeos.

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I'll say one sentence at a time for you.

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The comprehensive plan recommends no change to the existing zoning of RSA -5 residential single family.

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A través de las recomendaciones de plan comprensivo,

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recomiendan que no haya un cambio a el RSA -5 zona existente residencial unifamiliar.

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There are no unique physical circumstances or conditions

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that would prevent the property from being used in conformance with the zoning code.

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One moment, please.

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Okay, gracias.

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Un momento.

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Y no hay circunstancias físicas únicas o condiciones que pueden prevenir que la propiedad

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sea usada de manera que está en el código de zona.

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Additionally, this property is in the special flood area where additional density should not be encouraged.

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Y en adicionar esta propiedad está en áreas especiales de inundación que densidades adicionales no deberían de ser puestas.

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The planning commission recommends the board deny the requested variance for two family.

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Y la comisión de planeo recomienda que la junta no acepte el pedido de la variación

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que fue pedida para multifamiliar.

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So, Hillary, I think we should at least see where the RCO is on this.

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So, what I'd like to do is hold this for a week and at least attempt to see if the RCO

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has a response to this so we will vote on this on the 30th at 9 30 a .m and we will make an attempt

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to see where the RCO stands with this.

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This would be closed other than correct.

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The record is closed except for a letter from the RCO

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and a response from the applicant if they wish to make one.

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Okay.

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Can I just add one thing?

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Just a comment for the owner.

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We need to let the interpreter.

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Yes.

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Así que nosotros vamos a hacer el voto el 30 a la noche y media

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este para poder ver este donde o cómo responde el RCO y este esto estaría cerrado y el registro

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estaría cerrado este hasta que recibamos el RCO y este después vamos a tener

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You are about to embark on a significant expense in building an addition and wanting to do a two -family unit.

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For this to be long -term viable, I recommend, I recommend, I recommend, I'm sorry, can you please repeat?

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Yes, for this plan to be long -term viable as living space, I would recommend that they first have somebody do a plan that shows furniture and take advantage of the amount of space that they have in that rear yard to extend this building.

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Así que lo que recomiendo es como si ustedes quieren hacer un plan de largo plazo que sea viable con este espacio para que se pueda vivir, lo que les recomendaría es que primeramente tengan a alguien que desarrolle un plan que demuestre muebles para que tomen ventajas de la cantidad de espacio que ustedes tienen extendiendo hacia el patio.

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because as this plan is laid out it does not work normal computer

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no i'm gonna say that okay de la manera que este plan está desarrollado no funciona

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okay so we're going to look at where we stand on this on the 30th of the month

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and interpreter we thank you for your your uh your service and we appreciate your help okay

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Thank you.

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Así que vamos a mirar

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en qué lugar

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va a estar este caso

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el 30 de este mes.

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Así que gracias.

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Thank you.

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Muchísimas gracias

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y de verdad muchas gracias

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que vamos a esperar

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la decisión de ello.

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Thank you and we'll be waiting

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for your decision.

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Thank you very much.

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Is there anyone in the audience

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whose case has not been called

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from the 9 .30 a .m. list?

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There are no hands, Chair.

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Okay, so I'll see everybody at 2 p .m.

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Thank you.

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Thank you.

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All right.

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Thank you, Chair.

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Thank you, Board.

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Thank you.

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Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing this meeting of the Zoning Board of Adjustment.

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With me is our Board Member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Board Member, Tenetta 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 O 'Wynn.

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Present, Mr. Chairman.

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And board member Ryan McAdams.

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Present, Mr. Chairman.

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Also present is our attorney, Hillary Emerson, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.

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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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There is an in -person meeting.

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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,

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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 beginning your testimony.

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

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There are three ways.

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You can identify the case property address on your Zoom webinar registration.

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You can see a staff member.

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You can call the ZBA appearance line by the close of business tomorrow.

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call 267 -270 -5548 leave a message that includes your email address and address for the property

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of the appeal the following guidance is for our remote attendees when directed by the chair you

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must raise your virtual hand in order to be recognized if you're called to testify you'll

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be prompted to join as a panelist please accept the request and turn on your camera the webinar

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Q &A is for questions about the hearing. Do not comment on cases in the Q &A. If you're

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participating by phone, press star 9 to raise your hand and star 6 to unmute. For in -person

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attendees, please refrain from talking, eating, or drinking during the hearings. Verbal and

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physical aggression will not be tolerated. Restrooms are across from the elevator. Water

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fountain is just outside the room to the right. When speaking on the record, you must speak

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directly into the microphone in order to be heard by all attendees in the event of emergency please

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follow the directions given over the public address system or by the staff the main exit

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or by the staff the main exit is through the double doors at the rear of the room

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is through the double doors at the rear of the room the near

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the nearest stairwell is to the left outside the doors case of an evacuation the rally point

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is at love park directly across from art street let's look at our schedule for this afternoon

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are there any requests for continuances

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good afternoon chair this is jevette benton i'll be your co -host for this afternoon

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I see no hands at this time.

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Okay, so number one, MI 2024 -004 -714 -2109 -211 Nidro Avenue.

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Nixon, Nixon, Loisier is the listed owner.

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This is the third listing.

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We do not have any exhibits.

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I see no hands at this time, Chair.

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So number one, 2024 -004 -714 -2109 -211, West Negro, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Daryl Gaston, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Ryan McAdams, my vote is to dismiss.

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Tywin, my vote is to dismiss.

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Number 12, MI 2025 -001564, 740 South 18th Street, that case has been withdrawn.

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And number 13, MI -2025 -001 -566 -741 -South Cleveland Street, that case has been withdrawn.

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We're going to go to our add -ons.

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Number one, MI -2025 -001 -268 -222 Market Street.

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I vote yes with proviso.

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Temporary special exception to expire 8 -1 -27.

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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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I am McAdams, my vote is yes with Proviso

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I am Wynn, my vote is yes with Proviso

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Number two, MI2024 -005 -733 -2225 West Norris Street

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I vote yes with Proviso

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No household living in the basement, maximum three dwelling units

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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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Ryan McAdams, my vote is yes with Proviso.

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Tywin, my vote is yes with Proviso.

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Number three, MI 2025 -000803 -843 -North Florence Street, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no.

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Brian McAdams, my vote is no.

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Tywin, my vote is no.

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Number four, MI 2025, 001 -089 -1729 North Lambert Street.

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The vote in this matter has been rescheduled to Wednesday, August 6th, 2 p .m.

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number five mi 2025 001 463 1727 north lambert street the vote in this matter

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has been rescheduled to wednesday august 6th at 2 p .m

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number six mi 2024 006 471 2031 to 33 palthorpe street i vote yes with proviso per amended

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refusal dated 6 25 25. charles gaston my vote is yes with proviso

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tenetta graham my vote is yes with proviso

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hi owen my vote is yes with proviso

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okay we're going to go to our regular list we're going to start with number three

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mi -2025 -001 -485 -3423 kentington avenue rachel pritzker is the attorney

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There's a letter of unanimous support from Harrogate Civic Association, 16 total votes, and a letter of support from Councilmember Driscoll.

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Chair, Rachel Pritzker is coming back in as a panelist.

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Good afternoon.

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

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Yes, Rachel, R -A -C -H -A -E -L, Pritzker, P -R -I -T -Z -K -E -R.

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

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Yes.

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Could you identify your client in a relationship to the property?

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Yes.

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So my client is 3419 Kensington Partners, LLC.

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32, 34, 19 Kensington Partners LLC, represented by Greg DeFabio.

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They are the owners of the property.

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I'm also representing Cafe Roastery, who is the tenant for the use of the space.

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You waive the reading of the refusal and agree with its accuracy.

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Yes.

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Please start your presentation.

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Sure.

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Share your screen.

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can you see my screen we can okay so this is 3423 kensington avenue

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here is a copy of the refusal and referral property is owned cmx2 and we are proposing

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a limited industrial for brewing fermented distilled on site and shipping of off -site

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kegs bottles cans etc and for takeout restaurant with walk -up service window in an existing

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structure as mentioned there's a use refusal and a referral the referral is for the takeout

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restaurant which requires a special exception in cmx2 and the use refusal is for the limited

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industrial use in a CMX2 zoning district. This was our application.

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We included sort of like a hybrid explanation. Again, both CMX2 has the referral and then we

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have the industrial use, which is the refusal. We're basically proposing for Cafe Roasters,

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which is a vietnamese cafe already existing in kensington to expand their operation and open

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a new space in this existing warehouse for a coffee roastery and brewery to operate out of

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the existing building also we did apply previously for buy rate uses for eating and drinking

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establishment sit -down restaurant and artists and industrial use they're not part of this

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application but it's part of the project as a whole

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project information form

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taxes deed

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this is the zoning map so um this property is located at the corner as a corner property cmx2

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um on kensington avenue and as you can see it's a pretty significantly sized

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building. We're almost 100 % lock coverage of the space, but we're proposing the renovation and

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reconstruction of this existing warehouse for this use. Just sort of an aerial so you can get

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a sense of the size and location. And again, as you can see, this is an aerial of the existing

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warehouse. I believe the neighbors shared with us. It used to be a skating rink, I believe,

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and has kind of sat uninhabited and unused for quite some time.

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So they were really excited about the repurposement of this building.

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As you can see, it's a pretty large warehouse.

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So the zoning posters, just to give you a sense of the current state of the building.

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Right on Kensington Avenue.

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More photos of it.

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Some interior photos, just so the board has a sense of the size and scale of the space, given we're doing eating and drinking establishment, takeout window, artisan industrial space, a coffee roastery and a brewery, sort of a very mini brewery, not to the scale of yards or anything to that extent, just given the space.

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but um and the uh team is on here they can tell you a bit more but it's worth noting this is a

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minority -owned business and what's very interesting about it is that their presence already in

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kensington the community involvement they have through a separate non -profit they do a lot of

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service and good work in the community which is why the community group i think was so supportive

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of this and also they're going to be bringing a type of uh brood product to philadelphia that

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doesn't yet exist anywhere in this country. So pretty unique operation that they have. And if

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you've been to their spot currently, I've heard some of the best sandwiches in the city. So

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wonderful expansion of this existing business. Again, interior photos.

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Giving us that scale. This is just the zoning chart, just to show where we don't comply with

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the code. CMX2 contemplates a sit -down restaurant. It contemplates artisan industrial. It doesn't

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contemplate a takeout restaurant, although I think all of us would assume that takeout is kind of

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an accessory use to sit -down restaurant. So that was the refusal, the refus -

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um sit down restaurant so that was the the refusal uh the referral that we have um there's a lot of

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other buy right uses that would be permitted by right such as a medical marijuana dispensary

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or sundries and pharmaceuticals that would be probably more impactful than putting a takeout

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restaurant to service an existing sit down a proposed existing sit -down restaurant

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and then the artisan industrial is living industrial so that we can brew and ship off kegs

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to other locations and brew them on site so that was the the and there's no really artisan use

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besides the artisan industrial which doesn't incorporate the ability to do any kind of kegs

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or at the level that we need to for this operation so that was um but as you can see it's in a sort

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an industrial sized warehouse so there's plenty of room and the existing character would not be

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out of sorts for something like that. We met with the Harrogate Civic Association

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on Thursday, April 3rd in person and as previously mentioned obviously we sent out all the required

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mailers and we had 16 members in full support of the project, no opposition. A lot of the community

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members were very familiar with the tenant and their work in addition to the owners of the

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building shift capital and we're very excited to see um all of the the new operation and all the

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improvements that will go on with the investment of this site cameras uh green energy options

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lighting sidewalk trees um as well um also have a letter of support um for from councilman driscoll's

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office uh if i could briefly bring on sasha spriggs from isa just to go through the plans

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that we have, that would be great.

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Sasha Spriggs, please raise your virtual hand.

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I see no hands, Chair.

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There she is, Chair.

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She's coming back in as a panelist now.

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Thank you very much.

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for some reason

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she's not going over as a

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panelist

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okay

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she keeps declining to be promoted

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to a panelist

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Ms. Spriggs, when you receive the request to be a panelist, please accept it.

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Sasha?

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She should be coming back in now, chair as a panelist.

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Thank you.

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Great.

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hello this is sasha are you able to hear me yeah we can sasha could you please uh could you first

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turn on your video yes um apologies there is a little bit of a mix up sure we were going to have

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brian phillips present from our office um well who's going to do this i just

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i'll i'll just do it that's fine okay all right could you please state your name

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sure my name is sasha s -a -s -h -a my last name is briggs s -p -r -i -g -g -s

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you swear a friend to tell the truth the whole truth nothing but the truth

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i do please proceed counsel um sasha do you want to go through the the plans

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sure is if brian's on and he can do it that that's fine i just had both of you listed so my

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apologies yeah no that's fine i'm able to do it he'll just listen in from the other room

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okay okay so as you can see on our screen this is the plan of the supposed cafe roastery restaurant

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it's at the intersection of kensington ave and russell street as rachel mentioned um this is

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an existing building that was previously a hub of the community, a skating rink, and then later,

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I believe, a movie theater. And we're keeping the exterior largely the same, only reopening some

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previously filled openings to let light into the space and reworking two entries, one so that there

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will be a primary entry to the restaurant off of Kensington, and another providing a secondary

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kensington and another providing a secondary means of egress to the restaurant off of russell as well

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means of egress to the restaurant off of Russell.

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as a primary access for loading to the brewery you can see this plan is color -coded it provides

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a full restaurant with commercial kitchen in that like medium blue tone and north there will also

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be a roastery off of Kensington Ave served by, again, a ramp that's expanding on the existing

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roastery at Cafe currently. And then there will be, in addition, a full -scale brewery at the rear

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of the building. Plan North, there's a trash and loading alley, which will provide access and

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storage of trash to the north of the site, and a gate providing access to Kensington Ave so that

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all of the trash loading will come on and off of that street.

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Finally, you can see in the large letters that say takeout with an asterisk,

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the takeout window, which will allow this restaurant to be used in off hours

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without having the requirement for the full restaurant to be open.

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And there is a little bit of street seething as well.

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Okay.

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um are you done sasha sure okay yeah rachel yeah just these are the proposed renderings and i just

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uh because it might be asked by the board the ramp and the street seating we're working they

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require an ordinance which we already are working on with the council office so while they're not

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part of this particular application they're on the plans uh but wanted to mention that just in

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event that if there were any questions on that okay um do you want to bring your client on

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rachel yeah um testimony is there a greg de fabio

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all right fabio's coming back in as a panelist now

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mr defabio yes sir hi could you please state your name and spell for the stenographer

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yes greg g -r -e -g -g the fabio d -i -f -a -b -i -o you swear or affirm to tell the truth the whole

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truth nothing but the truth yes counsel reg have you heard my testimony today do you believe it

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be true and accurate and do you adopt it as your own yes thank you questions from the board

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i have a question so the the what is on the second level

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it's just a uh greg do you yeah can i talk yep so yes the second level is for is for storage

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as well as some mechanical equipment.

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Okay, thank you.

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Can you walk us through the delivery

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and export that will take place at the site?

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Where are the trucks loading?

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How are they loading?

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Is there a loading zone on the street?

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Dedicated loading zone.

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How is that going to work?

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and how often does that occur?

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He said you off tomorrow, right?

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Greg, do you want...

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Yeah, I mean, if Sarah's here, our civil engineer,

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she can answer, but I can answer too.

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I don't know if Sarah's here.

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Is Sarah Poindexter in the audience

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or Albert Pack, who is the owner of Cafe Roastery?

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Sarah Poindexter is coming back in as a panelist now.

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Thank you.

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And can you go back to the plan, the site plan, so we can.

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Sarah.

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It allows us to speak, Chair.

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Okay, Sarah, can you state your name as Bell for the sonographer?

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Yes, Sarah Poindexter, S -A -R -A -P -O -I -N -D -E -X -T -E -R.

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Do you 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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Could you turn your video on?

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Yes, if I can figure it out.

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

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OK. OK, I'm here.

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Okay.

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Hi. Hi.

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Did you hear the question?

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Yes, I did. So and I'm wondering if we actually have the zone, the streets department plan included in this.

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It might be. There we go.

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So so if you zoom in a bit, you can see to Michael Johns, the loading space, you can see a striped in the right of way.

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There's like a 30 foot along Kensington Avenue close to where the trash.

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So for the trash, the trash can be wheeled out and that's where the pickup is.

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But for the loading, this is where the loading truck would park.

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They basically have a ramp that's been approved to bring up any types of deliveries.

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And then the ramp to the building, both on Kensington Ave and East Russell Street, are wide enough for those deliveries.

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And that's one reason why we're going through the ordinance process, to make sure that those ramps can encroach into the right -of -way at a width that would accommodate delivery.

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Okay, and will that, the striped area along Kensington Avenue, will that be a dedicated loading zone or with signs or striped paving, or how is that going to work?

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So it's a striped loading zone with signage that we're working through with PPA.

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But yes, it's been approved by streets, and now we're going through that with PPA currently.

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And how often would they be loading and unloading for the brewery?

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Is that an all -night sort of thing, or is it certain once or twice a week?

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What's the plan?

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What do they envision?

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This is Greg DeFabio.

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I can answer that.

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For the trash, obviously depending on the amount of business,

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but we would probably have pickups twice a week.

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And for loading for the tenant inside, we're talking once daily, maybe twice daily.

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And usually on the week, during the week, not the weekends.

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Other questions?

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Hours of operation for the restaurant.

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I don't think we pin down the actual hours right now.

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OK. All right. Thank you. Other questions? Yes. What is the roasting room? I'm sorry. I understand a brewery, but there was a roasting.

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Right now, Cafe Roasters is going to be the tenant. It's for coffee. So they're going to have a couple of roasters in there. Their current operation is not big enough. So we're expanding that operation.

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and the other operation is literally a stone's throw away if you have a good arm yes

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okay all the questions questions for our attorney hillary emerson um just one clarification miss

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pritzker um the refusal is for a takeout restaurant this but i believe you indicated that

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or the referral rather that you already had approval for a sit -down restaurant at the site

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and that seems to be what's depicted in your picture so I'm a little bit confused why

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you're requesting relief for a sit -down restaurant. I'm not we're not requesting relief for a sit -down

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restaurant I had mentioned that we had got a prior zoning approval for the existing sit -down

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restaurant the two elements of the project that require zoning board of adjustment approval are

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what's on the refusal, but we had included in our plan sort of the whole picture because when we

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went to explain this to the community group and also when you explained to the board wanted to

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show kind of the full picture, but just the only two elements that we need, zoning board of

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adjustment approval, are depicted on the refusal slash referral. Sorry if that was confusing.

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Right. No, I just don't understand why you are asking for a takeout restaurant if you're already

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approved for a sit down because takeout is accessory to sit down because i yeah because

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i believe for whatever reason in the code for cmx2 there are certain uh overlays and considerations

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where they were marking this walk up as a um primary use yeah um it wasn't on the same application

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so we went back and forth with them on this and that was ultimately what we came up with um

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okay hold the it's it it wouldn't cancel out the sit -down use that you already have like it

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wouldn't be considered a change of use correct because it's a separate location oh okay it's

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Oh, okay. It's not in the same space. Like the sit down restaurant is its own space. And we

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not in the same space like the sit -down restaurant is it's

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provided a key plan when we did that submission. Got you. Okay. So it's a different part of it's

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the same address, but it's a different part of the building is what you're saying. Yeah. The

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takeout window, if I can show you is like sort of within the vestibule of the front. Um, it's not

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like in the same side of it. Um, so for some reason on the code, see CMX two on the screen.

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right right no i understand i understand it's yes so it's just confusing that if you already

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had approval for a sit down that you were having a takeout as well but it sounds like the takeout

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may be a little bit it's separate from the restaurant it's specifically for the brewery

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yeah and to be honest with you there's a number of these because the some of these charts and i've

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talked to ellen i and the attorneys the city about this where it's sort of unclear whether

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it's a separate thing or together and even if you're applying for it as accessory they kick it

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back as you need a variance for it or a special exception for it it's just i've had like six of

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these that are like this especially in center city so i think there's a little to your i'm

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agreeing with you completely it's just the way that l and i has um decided these things and we

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need that that's fine i just want to i'm happy to hear that you had a conversation with l and i

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about it because i just wanted to make sure that if if you already had approval for one type of

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eating and drinking establishment this wasn't going to mess that up so you've had that

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conversation already so that that was my my main concern yes and see the takeout restaurant see

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if you can see the window right here it's the takeout window so I think maybe given it has

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like an additional separate feature to it where it's a window not just the accessory use it's

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they're considering it as another primary use and it would work as Sarah mentioned sort of

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independent or greg mentioned independent from um the restaurant whereas they don't have to open the

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full restaurant so that that was okay i get it yes no thank you thank you i appreciate the

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clarification questions or comments from the virtual audience i see no hands share planning commission

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thank you chairman and good afternoon david effecto f -e -c -t -e -a -u with the city planning

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you swear affirm to tell the truth the whole truth and nothing but the truth yes sir i do

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please proceed thank you sir chairman and board members the comprehensive plan recommends no

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change to the cmx2 commercial mixed use zoning at this location the city rezoned this neighborhood

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in 2017 and a community requested map change the appellant has shown that the proposed takeout

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restaurant will have no detrimental impacts beyond what might be expected regarding limited

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industrial this category is contemplated to have limited impacts in terms of noise vibration odor

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hours of operation and traffic however this does not mean no impact the city planning commission

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recommends the board grant the proposed special exception for a takeout restaurant and grant the

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proposed use variance for limited industrial with a three -year temporary variance placed on the

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limited industrial use. MI 2025 -001 -485 -3423 Kentines Avenue, I vote yes. Michael Johns,

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my vote is yes. Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes. Ryan McAdams,

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my vote is yes i win my vote is yes thank you thank you uh rachel stay on please so

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mi2025 -001 -506 -14 jefferson street um rachel just for the record please state your name

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yes rachel pritzker right you've already been sworn um could you identify your client

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relationship to the property uh yes so can you see my screen i can

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The client is Joe Lockwood on behalf of 14 East Jefferson LLC, who is the owner of the property.

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And there's a letter of support from the Fishtown Neighbors Association.

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The vote was 38 in support, one opposed.

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Non -opposition from Councilman Young.

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Do you agree to the, do you waive the reading of the referral and agree with its accuracy?

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Yes.

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Please proceed, start your presentation.

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Yep, and if we can promote Joe Lockwood just in the interest of time, and Judy Robinson

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is our architect.

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So this property is zone CMX3.

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It is, as mentioned, on 14 East Jefferson Street, and we are proposing the use for assembly

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entertainment in an existing structure.

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From the location when they render to the building?

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The property is owned CMX3 and is located on a block that is CMX3 and CMX2.

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These districts allow a range of uses that are likely to generate similar or greater congestion.

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these districts allow a range of uses that are likely to generate similar or greater congestion

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again this is a referral again such and certain things like hospitals grocery stores

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what we're providing providing is a live music venue assembly entertainment with a 75 person

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capacity hosting approximately 20 to 25 events a month to the scale that would not disproportionately

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affect local traffic or public transport systems with a small maximum attendance of 75 people

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between 20 -25 events. And it already is situated within an existing commercial block that includes

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other commercial establishments like a hair salon, a sit -down restaurant. And what we're proposing

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has similar, we believe we'll have similar foot traffic, but will not, would be in harmony with

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what's already there given the CMX3 zoning classification, in addition to access to SEPTA

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half a block away, the 25 bus route, and the East Jefferson and Frankfurt stops.

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This was the project information form.

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Again, this is the zoning map.

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It's in an area that is CMX3.

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It's zoned CMX3 and has CMX2 and CMX3 around it.

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It is half a block from Frankfort Avenue, which is a major commercial corridor, just

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aerial views of the site.

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Existing structure as you can see from the aerials.

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Here's the property, show you kind of the inside of it as why this is sort of a small

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impact venue.

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It's worth noting that Joe and his fiancee live above the property and they are the

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property owner posting of the property see the location to the L so I think the

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neighborhood's a little bit used to noise the internal view of the site

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here's where in the zoning code we trigger a special exception for assembly and entertainment

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again it's a live music venue not a club or a nightclub we met with the fishtown neighbors

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association sent out the required notices and they issued us as mentioned a letter of support

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they included some information about our conversation hosting a small hall for jazz

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and pop show more than 75 guests we have music acoustic tiles on the walls to reduce sound

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for any neighbors especially directly adjacent included you know information about the expected

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shows which is four to five times a week 20 per month hours of operation i will be for studio

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No rentals to rent the space out to other musicians, 10 .30 a .m. to 9 .30 p .m.

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Shows Sunday to Thursday, 6 p .m. to 9 .30 p .m.

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Event shows Friday and Saturday, 7 p .m. to 10 .30 p .m.

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And we were agreeable to the hours of operation being included as the proviso, as mentioned

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in bold, if the board grants the special exception.

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38 in support one opposed and four abstaining so vast majority of support this was the vote sheet

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and then we also uh joe also the owner went and got letters of support from your neighbors

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that were included in our hearing packet

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Let me go through these.

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I don't know how many there are, but there's a good amount of support for this project.

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I just wanted to share this as well. The idea is to call it Nostalgia Fishtown, just to be able to have an intimate performance and rehearsal space for creative music and artists located on the first floor of Joe's residence.

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Joe and his fiance are both local musicians and university arts graduates.

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So this is sort of their bread and butter.

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Joe is currently a music educator and trumpet player.

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He works at the Kimmel Center as a teaching artist and leads his own band.

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and Morgan is an arts administrator and vibraphonist.

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And Morgan is an arts administrator and vibraphonist who began working at Temple University Tyler

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School of Art after the unfortunate closure of University of the Arts.

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We included the hours operation and a lot of detail about how this would work so that

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no neighbors felt like it was very thought through and considerate.

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it. We talked a lot about noise reduction and different things like the acoustic tiles

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to help insulate the sound. It's also worth noting that we will not be serving any food

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or alcohol at this site. It's not a club or a nightclub. There's no eating or drinking,

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especially no alcohol in the space. And there will be able to manage trash using sealed

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table label trash and recycling bins additionally they live in the residential space above and on

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site so they're going to live above this so they'll be there you want to monitor any trash

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and issues and obviously because they live there they'll want to make sure that the neighborhood

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is kept clean as it's their home and they live on that block this was a floor plan that our architect

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did just to kind of show the layout of this space and obviously um if we're able to move forward

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with this project we'll be submitting um documents to lni from a co perspective um and all the life

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safety considerations fire and exits bathroom stuff of that nature happy to um if the board

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would like for judy um robinson to come on to go through the plans as i am not an architect um

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You want the architect to go through now?

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Yeah, please, Chairman.

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What's the architect's name?

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Judy Robinson.

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Judy?

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I'm yes, Chair.

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Judy Robinson will be promoted shortly.

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Hi, everybody.

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Can you hear me?

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Judy Robinson, J -U -D -Y -R -O -B.

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I -N -S -O -N.

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

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I do.

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Could you please turn to your video one?

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Thank you.

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Proceed, counsel.

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Judy, are you able to go through the plans?

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Yes, absolutely.

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It's pretty straightforward.

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One of the things we are proposing is to remove the garage door key.

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I guess you can't see my cursor, can you?

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You need to share your screen.

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I have mine shared.

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no it's okay at the front at the entrance you'll see a pair of doors yes um that's a garage door

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right now we are proposing putting in a pair of doors um it'll be at grade for ada accessibility

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and as one comes in the front door there is the entry place where tickets would be taken

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a small lobby area then a seating area and in the very back on the south side is the stage area

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important to note too that where that stage is located directly behind it is

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actually another building it's not like somebody's yard so it's kind of

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enclosed in terms of the sound if that makes sense and that's it it's pretty

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straightforward the building is existing and that the only modification we're

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gonna make is to those entrance doors to get rid of the garage and provide a

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more uh accessible entrance thank you do you want your client to come on please

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counsel what is the client's name joe lockwood

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i'm sorry but i do not see that person in the virtual audience this afternoon

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i think i'm already here joe could you please state your name as bell for the stenographer

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sure my name is joseph lockwood j -o -s -e -p -h -l -o -c -k -w -o -o -d do you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do please proceed joe have you heard my

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testimony today do you believe it to be true and accurate and do you adopt it as your own

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Yes.

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Thank you.

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Questions for the board?

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Yes.

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One comment.

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The architect mentioned that the door would be replaced to make the entrance accessible, but the bathroom that you show, the toilet room that you show is not accessible for wheelchair.

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So I imagine that you'll want to do that if you want to have folks in wheelchairs come to visit the place.

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And do you want to do you want me to comment on that, please?

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Please. Sure. It might be part of the future work for right now, based on code, because it's an existing building, we are spending 100 percent of our construction budget on making the building more accessible.

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Sure.

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It might be part of the future.

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And the way the code is written is if you spend at least 20 percent of your construction budget, not all elements of accessibility have to be met with the understanding through L &I that every time work is done in a building, it becomes more accessible.

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So. Right now, the toilet room is not accessible, but in the future, it may be.

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I understand that. I understand the code. I just feel bad that your first wheelchair visitor has to go to the bathroom and go, right? So that's something worth spending some dollars on from the business, regardless of what the code allows you to do. Thank you.

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I too was going to point that out. I think also it's in a location that makes it hard to adapt it to be wheelchair accessible and keep the same line that you guys have for storage and keep it tucked under the stairs. So you'd have to like absolutely completely move it someplace else, which would change the entire floor layout of what is already a very narrow space. It really becomes one of the main things that organizes this space.

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I think the other thing is, while you're showing, you know, flexible seating, you've said that you were going to have tickets for 50 people, you only have seating for 35. And so my question is, is the idea that the other 15 people that have tickets are always going to be standing room when you've got room at the rear?

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and then I have a question sort of about equipment because I see storage but like as a person who

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used to play music myself there's usually a lot more behind the scenes and on like you know side

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stage space that's left for amps and microphones and lighting and other things that allow you to

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have a music venue and I think my third question is really around sound attenuation I know you all

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talked about acoustic tiles, but that's sort of like the bare minimum. And did the neighbor at 12

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Jefferson sign a letter of support? Because I think when you guys were going through your support,

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I saw a lot of addresses that are a couple blocks away, and definitely in the neighborhood,

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but none that looked like they were your immediate neighbors on that block.

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joe are you able to address those comments yeah absolutely um i guess i'll start with um i know

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there's a lot of questions there we can start with the next door neighbor um so the row home

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next to us is uh i believe a two apartment buildings within the row home um so uh we've

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met all the tenants that have come and gone in that row home over the last few years that we've

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lived at 14 Jefferson Street. And we haven't had any issues. It wasn't until the Fishtown Neighbors

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Association meeting where a new tenant brought up some concerns. So between that meeting and now

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we've made contact with them, we gave them our number, we gave them our email. And like Judy

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was saying, this is a work in progress. We've been working on this private studio of ours for

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um you know two years now so uh things like the bathroom um depending on uh what l and i says

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with the occupancy we're willing to put it in the storage room and make the storage room the

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current bathroom um and you know pretty much following all the guidelines in terms of

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the bathroom um i answered the question about the next door neighbor um what was the other question

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equipment space she was with equipment oh sure yeah so um the stage area pretty so what i like

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to tell people um is um our concept is kind of like a tiny desk concert i don't know if you're

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familiar with npr tiny desk so if you look at the the pictures in the the presentation um pretty

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much all the equipment is already on stage um it's already set up um you know to not be you know

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moved around um and where the storage space is that's where performers are going to put their

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personal belongings like cases um and bags things like that um that that storage room used to be our

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our laundry room so it's a pretty substantial room underneath the stairs um so things like uh storage

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like you said like for musicians it's important to have a place for all that gear so that's why

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we have that storage uh place in the front other questions so um you said that you weren't going to

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have any food or drink in here you uh we're not going to serve any food or drink uh we have a

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great relationship with um you know other businesses around the corner walkworks pearls

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um, you know, other businesses around the corner, Walkworks, Pearls. Um, so we encourage people to

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So we encourage

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bring food or drink for the, um, for the events. Um, but we, uh, we want to focus on the music.

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We don't want to serve any food or alcohol. So then who's cleaning up after folks and what are

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you doing with the trash? Oh, so, um, so we clean up after the, the events. Um, and, uh, you know,

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it's just our trash system um and we have two really big trash bins that we already use for

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our trash and recycling and um and we keep it within we keep it in that storage room

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at the moment and then when it's time for our um our friday trash day we bring this stuff out

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um and uh and same thing with outside trash um you know everything we're gonna have things for

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if anyone's smoking a place to put their cigarette butt um and uh and things like that so um like

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like i said in in the presentation you know we live here we've been living here for a few years

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um and you know we want to we want to uh show the neighborhood that we like we like to keep

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it clean because we're residents here so all right thank you questions or comments from our attorney

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i just want to clarify um one thing about the the proviso for the studio hours is that

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daily the studio rental 10 30 to 9 30 joe uh so it uh it's by appointment and yes it is uh going

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to be the times we said so um 9 30 is going to be the closing time on sunday through thursday

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and 10 30 is the closing time on uh right you know that was for the events it's just the studio

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rental just says 10 30 a .m to 9 30 p .m oh yes it wasn't clear if it was if that was intended to

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be every day uh intended to be available every day it depends on okay gotcha right it's not by

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appointment understand thank you yeah no problem questions or comments from the um virtual audience

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here i have a hand up from robert everett sure i will promote them

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hi mr everett

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all right i think i'm mr everett how are you sir

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i'm good as usual all right could you please state your name and spell for the stenographer

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first name robert last name everett e -v -e -r -e -t -t you swear or affirm to tell the truth the whole

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truth nothing but the truth i do please proceed my usual you have our letter and our community's

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support uh thank you for taking the time to cause we always appreciate you there's not many meetings

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we have we don't hear from you so thank you well sorry anyone else in the virtual audience

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there are no further hands mr chair any commission

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thank you chairman and good afternoon david effecto with the city planning commission

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chairman and board members the comprehensive plan recommended rm1 residential multi -family zoning

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at this location. However, in a subsequent map change in 2015, the community and council supported

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a change to CMX3, commercial mixed use, for properties on Front Street. The appellant has

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shown that the proposed assembly and entertainment will have no detrimental impacts beyond what might

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be expected. The City Planning Commission recommends the board grant a proposed special

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exception for assembly and entertainment. Thank you. MI 2025, 001 -506, 14 Jefferson Street,

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I vote yes with proviso.

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Studio rental permitted from 10 .30 a .m. to 9 .30 p .m. daily.

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Events permitted from 6 p .m. to 9 .30 p .m. Sunday to Thursday

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and from 7 p .m. to 10 .30 on Friday and Saturday.

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Michael Johns, my vote is yes with provisos.

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Cheryl Gaston, my vote is yes with provisos.

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Tanetta Graham, my vote is yes with provisos.

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Ryan McAdams, my vote is yes with provisos.

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I win. My vote is yes with provisos. Thank you, counsel. Thank you. Number 10, MI 2025, 001 -552 -4129 -35 Main Street. William O 'Brien is the attorney. There's a letter of support from Manioc Neighborhood Council. 20 votes in favor, one abstained.

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they'll be coming back in as a panel sure thank you

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good afternoon mr chairman members of the board william o 'brien

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mr o 'brien just for the record do you spell your name for the stenographer

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w -i -l -l -i -a -m -o -b -r -i -e -n do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do do you um waive the reading of the refusal do you agree with its

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accuracy. I do. Okay, why don't you

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start your presentation, sir? Thank you. I'll share my screen, if I may.

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It's coming up.

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I think, let me unshare for a second. I think I'm

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backwards here.

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Thank you for your patience.

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So I submitted, I'm here on behalf of Main Street Properties LP, the record owner of 4129 to 35 Main Street. I submitted a package of exhibits. This is the index to those exhibits. There are 10 exhibits.

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I'm going to focus my presentation on the first five items, and I would request that all the documents be admitted into evidence.

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This is an application to use application to use the property for a fitness center.

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And there is one use refusal.

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The property is in a RM1 zoning district, and the only permitted use is household living, dwellings.

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This is the letter from the Manneac Neighborhood Council.

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We met with the council on June 4th.

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It was a well -attended meeting.

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There were over 30 people in attendance, and the votes cast were in unanimous support for a variance to allow the fitness center.

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This is an image of the building.

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The property is in the Main Street Manioc National Historic District.

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You can note the two buildings, well, the two portions of the buildings, the wings on either side of the center.

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Those were considered contributing facades.

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so when this building was reconfigured and rebuilt those facades were incorporated into

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this structure i'll get to the development of the structure in a second um here's some interior

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photographs this is from inside the first floor looking out on the main street

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this is with the main street entrance at my back

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looking to the first and second levels

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of the retail space

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the staircase to the third floor

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and on the second I'm sorry the staircase to the second floor

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and then on the second floor looking down towards the entrance on the first floor

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this is a zoning map

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of

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Main Street and surrounding area.

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You'll note that...

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Bill, we don't see the main...

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You still have...

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Mine must be locked. I'm sorry.

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Do you have a map?

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I'll see that right next to me.

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Go ahead.

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Please proceed.

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Okay.

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So this is the zoning map from Atlas.

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And you'll notice that here's Main Street, this first white street along, and it's CMX 2 .5 is almost every property on Main Street.

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And so this property zoned RM1 is quite an anomaly.

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There's no other RM1 on Main Street.

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It's all CMX with the exception of a ICMX up towards Rector Street.

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But this would be a permitted use on almost every other building on Main Street.

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When this property was assembled in, I think it was 2000, it was actually, it was four, it was a consolidation of four properties into one.

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it was four, it was a consolidation of four properties into one. The four properties were

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single family homes. They were zoned, was then R -10A, the equivalent of RSA -5 today.

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And the application I've highlighted was for apartments on the upper floors and commercial

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commercial use on the first and second floors, that mezzanine, if you will. That was how the

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application was filed. All the floors, all the plans refer to the first floor retail store.

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Again, second floor commercial, first floor commercial.

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uh and it was granted uh with no uh exceptions um and it has been used for retail use uh since then

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uh the most recent use you saw kismet in the photographs that was the most recent use which

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was not uh retail but for many years the um uh the use was a retail furniture store

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um the property is uh the equitable owner of the property is also uh in the audience together with

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his attorney mr glenn hing um that's about the end of my presentation uh questions regarding

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the specific use of the fitness center are probably better uh for mr hing or his client

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But I'd be happy to answer any questions about the use and the history of the property.

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We want to bring it the other.

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Yeah, Mr. Hing or if your client, who's going to answer questions about the operation of the proposed fitness center?

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Mr. O 'Brien, what's your client's last name?

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Glenn Hing.

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Mr. Heng, please raise your virtual hand.

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

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Thank you.

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Mr. Heng?

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Mr. Heng?

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or is andrew andrew ruba in the audience

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it's mr ruba who will be the operator of the fitness center

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mr ruba's coming back in as a panelist now thank you thank you

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yes hello everyone hi mr ruby could you please state your name as spelled for the sonogram

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yes my name is andrew ruba a -n -d -r -e -w -r -u -b -a do you swear or affirm to tell the truth the

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whole truth nothing but the truth yes council money proceeded uh mr ruby you've heard my

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presentation so far. Would you describe your experience with fitness centers in Philadelphia

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and how this proposed fitness center would operate? Yes. So currently, we operate two

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locations for a fitness center in the city. So one in the Callow Hill neighborhood and one in

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the Fishtown neighborhood. And it is basically just a membership dues -paying gym with a 24 -hour

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access component. So all members get a key fob or an app that they can just scan and our door

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control system lets them in during staffed hours, which are usually during the day and then after

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staffed hours as well if they're obviously only if they're a member. And as far as the business

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itself, it's pretty standard gym experience. So you have machines, you'll have cardio equipment

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and free weights that members can use at their own disposal.

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So that's kind of the high -level overview of what the gym is.

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Thank you.

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I'll also note, and I'm sure Mr. Rube has done his homework,

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There was a fitness center on Main Street that did not survive COVID, so this would be a very welcome addition to the Main Street corridor.

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there was a fitness center on Main Street that did not survive COVID.

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Questions from the board?

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Was there an interior plan of some sort?

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Sorry.

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Did I miss that?

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I didn't hear the question. Is there a question for me?

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Yeah, what's inside? Or how is this going to be set up when you do have it? Do you have a floor plan of some sort?

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So, should I take that question?

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Yeah. Yeah, so currently right now we don't have a floor plan because we don't plan on changing the layout of the space.

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it works pretty well as a fitness space as is right now so it has kismet was a co -working space

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and so it's already outfitted with ada bathrooms and a front desk area and if you'll notice the

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floors are all concrete which are helpful for a gym because you know you don't want to be damaging

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the floor so basically we won't be changing the structure at all we'll just be putting our the

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rubber mats on the floor and then putting our fitness equipment in the space so this is how

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this is the interior as it is now that's right okay and you're going to have machinery you're

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going to have weights that's right you're going to have different yeah like cardio cardio machines

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so like treadmills ellipticals uh exercise bikes and then fitness machines so those machines that

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have the stacks on them that you can do exercises on and then also free weights. So think like

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squat racks and barbells and dumbbells. Okay. Thank you for the questions.

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Yeah. I have a question about sort of personal facilities for your gym members. Like most gyms

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have showers or lockers and other places for people to kind of temporary store things.

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since this was already a space that had just regular bathrooms what's the plan for like

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personal care so the bathrooms they do have a sink they're i think two of them two out of the

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four are ada accessible um right now we're not planning on adding showers at the moment so

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our concept is basically a neighborhood gym that's very embedded in the neighborhood

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um so oftentimes people just come from their house and we'll just stop back at their house

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afterwards so um yeah that's that's that's what we plan for that and then regarding lockers

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those aren't generally a fixture um they're just kind of something that you just set along the

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wall and people use them to to store their stuff okay any other questions

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Mr. Chairman, if I could ask the owner, the applicant, is Main Street Properties.

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Mr. Daniel Netison is in the audience.

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If he could raise his hand so he can adopt my testimony.

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Sure.

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Daniel Netison has been unmuted and allowed to speak.

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Okay.

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Hi, Mr. Netison.

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Could you please state your name as Bell for a stenographer?

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Sure.

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My name is Daniel Robert

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Netison, N -E -D -U -C -S -I -N.

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Do you swear or affirm

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to tell the truth, the whole truth, nothing but the truth?

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I do.

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Would you turn your video on, Mr. Netison?

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Sure.

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He's coming back in

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as a panelist now, Chair.

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Okay.

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Okay, please proceed,

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Counsel. Thank you.

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Let me see where he is. I didn't see him yet.

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i thought he just came on can you see me i can uh no no i can't see me either so

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okay all right all right well why don't why don't we do this mr o 'brien why don't you proceed

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i can represent that there you go there he is he's there okay hello mr netizen how are you i'm

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I'm good. Thank you.

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Were you with mixed emotions, Bill, as you know, that I'm presenting a gym because my son was there for probably close to 20 years.

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And unfortunately, COVID came and they went out of business.

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They just couldn't survive COVID.

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So I'm happy to have a new gym, but I'm sorry to see my son not be part of it.

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Sorry to see my son not be part of it, but it is what it is.

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But it is what it is.

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It is. Well, the neighborhood at least will be served.

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Yes. Yeah. The good news for the new gym owner, they had approximately 1 ,200 members at the time, maybe even over that.

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So I think that they'll do really well there.

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So, Mr. Netison, were you in the virtual audience during my presentation?

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Yes.

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And you heard my testimony?

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I did.

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Were my statements true and correct?

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Yes, true and correct.

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And do you adopt them as your own?

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Yes.

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Thank you.

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Questions or comments?

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Did I do the virtual answer?

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Questions or comments from our attorney?

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Not at this time.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chairman.

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And good afternoon.

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David Fecta with the City Planning Commission.

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chairmen and board members the comprehensive plan recommends a change in zoning in this location

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from rm1 residential multifamily to cmx 2 .5 commercial mixed use the city rezoned this

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property in 1979 at that point at that time this property was zoned commercial mixed use

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cmx 2 .5 would allow the proposed personal services the city planning commission recommends that the

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board grant a proposed use variance for personal services. Thank you. MI -2025 -001 -552 -4129 -35

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Main Street, I vote yes. Bill Johns, my vote is yes. Cheryl Gaston, my vote is yes. Tanetta Graham,

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my vote is yes. Brian McAdams, my vote is yes. Ty Owen, my vote is yes. Thank you, Counsel. Thank

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Thank you, Mr. Chairman. Thank you, members of the board.

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Number six, MI -2025 -001 -536 -2311, South 13th Street.

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Al Nockmson is the attorney.

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There's a unanimous support from the Lower Moimensing Civic Association.

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There's a letter of non -opposition from Council Member Squilla,

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but we do have a letter of opposition from a household on the block.

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Mr. Nockamson, could you please state your name as spelled for the court stenographer?

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Alan Nockamson, A -L -A -N, last name Nockamson, N -O -C -H -U -M -S -O -N.

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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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Could you identify your client, your relationship to the property?

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So my client is Citi Diggs, LLC, and to the left of me is one of its members, Gage Johnston.

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Right. Do you waive the reading of the refusal and the referral, and do you agree with their accuracy?

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I do.

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Please start your presentation.

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Thank you.

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I have to be promoted to a panelist, please.

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Have we promoted Mr. Nockamson?

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Thank you.

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You're coming up.

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Yep.

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All right.

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So I'm here to present 2311 South 13th Street, which is at the corner 13th and Dorfor in

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South Philadelphia, just off of Broad Street.

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In my presentation, you'll see 11 exhibits.

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We have a letter of support from the community.

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We mailed notice of the community meeting to 152 addresses.

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We also have a letter of non -opposition.

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Again, at the conclusion of my presentation, I would ask that Gage, you know, be sworn

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in and I have some questions for her.

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Sure.

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So our notice of refusal, there's a notice of refusal and a referral here.

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So we are a CMX1 property.

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So first we're seeking a referral for the prepared food shop that's going to be proposed here,

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which would be a coffee shop on the ground floor.

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And then the refusal has to do with the artist studios that we propose in this adaptive reuse of a church building at the corner 13th and door 4th.

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Again, we had unanimous support from the community. Seven in support, zero in opposition. It was a well -attended meeting. We also have a letter from them. They do have provisos. I don't believe they're enforceable, but we will stand by them to have bike parking somewhere on the premises, an enclosed trash receptacle, which we do have at the exterior of the building.

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an enclosed trash receptacle which we do have at the exterior of the building in the rear

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we're going to preserve the stained glass windows we'll have two to four trees planted outside we'll

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coordinate with the fairmont park commission on that we'll put some window boxes around the

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corridor of the building no tattoo studios no smoking or vaping paraphernalia or other related

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businesses, and no exterior illuminated signage.

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We also have a letter of non -opposition from the council member as well.

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We have a well -rounded petition of nearby neighbors as well as letters of support.

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Maps of the area, again, we're not that far from Broad Street.

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We're across the street from a CMX3 property.

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Again, ample public transportation.

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uh i would equate this building to a mini bach building uh it's for creatives for the artist

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studios and also to have a coffee shop there there are many creatives that live nearby who

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are very excited about this project including many members of the neighborhood who appeared at that

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community meeting uh gage is also a creative so this is really dear to her heart as an owner of

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this building uh photographs of the property again this is an adaptive reuse of a two -story

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church building. And that's from both 13th Street and Dorfor. Here's our proof of our postings

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for today's hearing. This is, and I can't see right here, but this is 13th Street to the right

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of the property, to the left of the property, Dorfor Street to the right of the property,

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to the left of the property. Interior photographs of the property as well.

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um you know again we bought this property um some time ago and now we're looking to uh rehab it

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and then our plans and drawings and by the way in the virtual audience is judy robinson

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our architect i believe she presented another matter before but these are elevations of the

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property uh this is the lower level so we plan to have um let me just confirm this 12 artisan

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studios uh we have a few in the lower level um we also have artists in studios on the first floor

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the ground floor and the second floor uh these were our trash bins will be held um we also have

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three forms of egress out of the building here actually four here here here and here

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and two ways to basically get into the coffee shop you can go through the main entrance and

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come in through an interior hallway and come in here or the there's a separate entryway to the

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left of the building that's created as well for the proposed cafe you can see we have ample seating

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here we have a you know point of sale system no cooking on the premises obviously because this is

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a prepared food shop and then we have artisan studios here as four five i think it oh wait

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actually i'm sorry can't see five six seven and eight and then you have artisan studios up here

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as well. Again, our proof of our community meeting notice, June 10th at 6 p .m. we met

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with the community. They also asked us to provide an additional document, which we did,

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which contained Zoom information, proof of email of that notice, and then we mailed it

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to 152 addresses. These are a list of the addresses. Proof of mailing to those addresses

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Our application for appeal that we filed on behalf of the corporate owner of the property, along with the notice of refusal and referral, as well as the project information form.

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D to the property, showing the City Diggs LLC is the owner of the property.

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And then finally, our Certificate of Tax Clearance.

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Just some information for your knowledge.

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We intend to have three to four employees in the cafe.

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Hours of operation would be 7 a .m. to 3 p .m.

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And we don't intend to have any outdoor seating or amplified music.

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I would ask that the board now swear in Gage so I can ask her a couple questions.

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Could you pull the mic close to you?

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And your mic has to be on.

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Now pull it all the way right next to you.

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Yeah, that's it.

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

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Gage Johnston.

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You've got to come a little closer.

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Gage Johnston, G -A -G -E, Johnston, J -O -H -N -S -T -O -N.

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You swear or affirm to tell the truth, told truth, nothing but the truth?

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Yes. Mr. Notcomson? Yes. Gage, you heard everything I had to state today about your zoning matter.

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Yes.

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Mr. Nockamson?

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Yes. Gage, you heard everything I had to state today about your zone email.

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Yes. Is it true and correct? Yes. And do you adopt it as your own testimony? Yes. Thank you.

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Just out of curiosity, this was not a church, if I remember correctly. This is where the priest or

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the nuns lived. Am I right? I don't have that history. No, I don't think it was a church.

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Oh, okay. I mean, it looks like in the inside. Yeah, it was. I think it was right near where

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the church was okay questions from the board yeah on your drawing did you show a ramp uh to get into

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the coffee shop is there a ramp or were there steps so i would um ask that uh judy robinson

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the architect uh walk us through the uh floor plans to better and more accurately state them

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hi chair judy robinson has her hand raised and is being promoted to panelists sure thank you

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judy um you've already been waiting to see here

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hi everybody judy already been sworn just state your name and start your testimony please um

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judy robinson please proceed counsel oh yes mr robinson you heard uh board member graham

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ask a question about if there's a ramp associated with the coffee shop yes and the answer to that

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That is yes. Over to the side through the garden. The main entrance for the cafe is through the garden, either through the stairs that come up or if you walk through the garden area towards the center, we are creating an accessible ramp.

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And that is where people can come in if they're in a wheelchair. And we're also renovating the bathrooms to make sure that we have an ADA compliant bathroom on the first floor. So this will be fully ADA compliant.

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it and i don't know uh judy if you see my cursor but i'm circling around this and it says ada ramp

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on here this is what the campus all right thank you that's correct yes so the question wait a minute

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so if if i'm using the ada ramp i'm going through that door and i'm coming down i'm trying to see

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i'm going to the coffee shop so take me to the coffee shop yeah so i'm coming here right i believe

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this is door four and you're going up this ramp you see this door right here and then we're just

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going in the internal hallway and then the coffee shop's right there thank you you're welcome so

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good for clarity the garden is the current driveway so is the curb cut being eliminated

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uh that is correct okay and it's going to be i guess paved and replanted and then what's happening

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on the second floor of the building so the second floor is just additional artisan studios

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so only the first floor is ada accessible so wheelchairs would only be operating on the first

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floor of the building that's correct okay and then for the studios are these independent businesses

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so are these going to be commercial subleases or leases or are these more like artists are

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going to pay rent and they're going to be like painting in them versus doing point of sales

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i would ask miss johnson gallery uh i i believe they're independent it's kind of similar to what

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the what you see with the bach you have them independently leasing space probably for no more

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than i would say a year at a time these individuals is that correct that's correct well the reason i

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ask is because bach has retail sales as one of their uses and this is currently not a use under

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this permit which is why i was asking yeah we don't intend to do retail sales i would there

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was discussions about open houses and things like that to bring the community into those spaces but

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there is no intention to actually do it's really more about art making and art display more so than

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art because that is very specifically at bach they are selling things so that's why they're

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also manufacturing things which is why i asked yeah that yes you're correct but no we're thinking

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more of just the maker space maker not selling all the questions questions from our journey

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actually i did have one more question my question is actually about exhaust because now that you're

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dealing with artists oftentimes a lot of art production deals with a lot of byproducts and a

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lot of chemicals and have you thought about how that's going to be worked out in the hbc and as

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well as trash plan for the building well the trash plans we have exterior trash storage right here

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specific to both the commercial space that prepare food shop as well as the artisan studios

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in terms of exhausting i would defer to judy about that because she'll be handling that

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aspect of the project exhaust and management i guess for the architect because there are

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certain things that are going to be byproducts of art production that cannot be put into regular

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trash to be totally honest once we get more detailed on who will be taking these spaces

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those types of items will be addressed um i i from my

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Those types of items will be addressed. I, from my understanding right now, it's not going to be any, anything that's too, what would be the word, too stressful on the space or the building, but we'll have an MEP engineer involved.

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and they of course will help with the exhaust requirements and in terms of the trash if

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something came up that was uh more stressful on the building we would definitely handle it

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um but to be honest we just haven't had that kind of detailed discussion yet okay i would just as a

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recommendation make sure that you put it in the tenant leases because i'm thinking like

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even when you're dealing with paint things like turpentine there's certain materials

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that have to be disposed of properly even though they're not biohazard and that right now would

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not be covered based on just the current layout thank you other questions questions for attorney

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hillary emberson not at this time mr chair questions or comments from the virtual audience

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hello chair i do not see any hands why any commission

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thank you chairman and good afternoon david effecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the cmx1

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commercial mixed use zoning at this location the city rezoned this neighborhood in 1996

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the appellant has shown that the proposed prepared food shop will have no detrimental impacts beyond

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what might be expected regarding artist studio and artisan industrial the code contemplates this

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use as low impact and compatible with a residential neighborhood with no discernible

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external impacts in terms of noise vibration odor hours of operation or traffic the city

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planning commission recommends the board grant the proposed use variants for artist studio and

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artisan industrial and the proposed special exception for a prepared food shop thank you

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MI -2025 -001 -536 -2311 South 13th Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Iowyn, my vote is yes.

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Thank you.

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Thank you.

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Councilor, could you please, I think we have one more.

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MI -2025 -001 -550 -1424 West Venango Street.

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Um, unanimous support from Nicetown Tioga improvement team with, um, uh, two provisos.

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Uh, good afternoon, Alan Nockmson.

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So Nockmson, can you identify your client and the relationship to this property?

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Uh, yes.

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My client is BSL limited properties, the owner of the property.

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And, uh, to my left is Adrian Verloo, one of its members.

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Do you waive the reading of the refusal?

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Do you agree with its accuracy?

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I do.

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Start your presentation.

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Thank you.

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Hi.

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So this is the property at 1424 West Venango.

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There are 11 exhibits in my packet.

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We met with the community.

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we notified 96 properties of the community meeting and we have unanimous support as the

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chairman indicated. So we'll go straight to the notice of refusal. This is an RSA 5 property,

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almost 1 ,500 square foot loss size. My client purchased this property as a five -unit building

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for all intents and purposes. It was built that way and it was advertised that way. And he's just

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looking to legalize the use. A couple highlights here. There's no basement use. Garbage is stored

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in the basement. So we would agree to two provisos, trash stored indoors, as well as no living in the

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basement. All right. So we have six people who voted in support, none in opposition. I see the

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proviso as commercial trash pickup, trash stored in the basement, and no basement living. The

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The chairman stated that there was a second proviso.

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I had no household living and basement commercial trash.

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Yep.

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All right.

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2035 plan said that this should be an RM1 property.

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So it should be an RM1,

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it should be multifamily use given the recommendation of the planning

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commission.

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But it also has a long history of multifamily use as well.

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It's one of those properties where there's no,

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like at least Mr. Goldberg from my office,

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I asked him if there was any LNI file or zoning file,

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that on that property and it didn't seem like there's any so it seems like one of those ones

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So it seems like one of those ones where the city the last 10 years, record keeping is spotless with, you know, Atlas.

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where the city the last 10 years

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I think this is one of these, like, properties where there's no record keeping, but you can see that this has been a five -unit dwelling for some time.

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Again, we're across the street from CMX3, not that far from Broad Street, but here on the north side.

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photographs of the property. This is the front of the property. This is proof of our posting

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for today's hearing. This is the rear of the property. This is West Fanango to the right of

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the property, to the left of the property. These are all the meters, again, all existing,

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but you can see there's one, two, three, four, five, six. So one for each unit and one for the

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uh, common area. Um, again, we just took photos again, really haven't done anything with this

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property yet, but you know, you can see, well, it needs some TLC, but like we just took photos

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throughout. I think we try to take a photo of every single unit.

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all right our plans and drawings this is the first floor plan um you come into the common

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foyer you make a left this is unit number one um you can then you know instead of going to unit

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number one you have a couple steps you make a left you go downstairs to the basement where

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again what where we anticipate the trash room uh as well uh as like i think there's a common

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laundry facility. There's a unit back here as well. And then you come up instead to a flight

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of steps where I believe there is two more units, one in the front, one in the rear,

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and then the third floor has its own unit. And then we met with the community. Again,

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unanimous support on May 20th, 2025. 96 addresses were notified of that meeting. Proof of email to

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those relevant parties prior two weeks prior to the community meeting we're also asked to provide

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a special notice to the community of the community meeting these are the addresses we mailed it to

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proof of mailing to those addresses or applications for appeal that we filed on behalf of bsl

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limited properties llc along with the notice refusal and the project information form the

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deeds of property showing that bsl limited properties is the owner of the property

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And then finally, our Certificate of Tax Clearance.

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I would ask that.

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Can I ask, what's the rest of the block look like?

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Let me see.

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So we do have multifamily units at 1422, 1426, 1425, which is five units, 1427, and 1433.

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So it's not out of character to have multifamily nearby.

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Proceed.

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All right.

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I would ask that the board's wearing my client.

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Could you please pull the mic a little closer to make sure it's on?

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See the green light?

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It's on.

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Hi, could you please state your name and spell for the stenographer?

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Adrian Villou, A -D -R -I -E -N, and the last name V -E -L -I -U.

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

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I do.

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Please proceed, counsel.

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Yeah, Adrian, you heard everything I had to state today about your zoning matter.

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Yes.

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Is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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questions from the board was he okay with the commercial trash pickup uh yes yes we want that

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as a proviso how many units total five so two in the first floor two on the second floor and the

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third floor has its own unit does this number of units trigger sprinklers yes three plus would

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do trigger spring but what's the what's the plan for spring it's an old building so my plan is to

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uh get a utility plan and move forward with the sprinklers and fire alarm in there

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because there's this need for both of them and also do some cosmetic work you know to update

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it bring it up too and then it does look like the building has a basement um is there going to be

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what's the use in the basement it's completely so everyone has access to the basement so

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that's where the trash room is going to be stored okay

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question you said that there was multi -family around there is it this many units five units

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so not all of them not all of them but 1425 does have five units this is an

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this is an ex is that on the same block yeah for uh for we're 1424 so it's literally across the

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Is that on the same block?

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Yeah, we're 1420.

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street that's okay all right and then the rest are the rest are you know we 1426 is two units

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1427 is three and 1433 is three this is an existing use um and again if we it would be very

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the hardship here would be very expensive to convert it back to that um also advertised that

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way and i do have questions with the the record keeping of the city it there's no record keeping

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whatsoever so it's it's hard to prove that whether or not there was a permit some time ago in here

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with with the five units so it's i think it's one of those occasions where this use has been

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existing for so long that no one's touched this for some time and that's why we're here today

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you have photos yes uh yes exactly you can see like um

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so i'll start from the beginning

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i don't know if we've segmented it for every single prop unit but these are the photos this

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is the adrian this is the current condition as i'm scrolling my screen that's the studio in the

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front this one you show you like oh you can show it here so we're walking in is this basically i'm

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looking at the my back front door yes yes all right door to the left that's the uh studio and

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can you speak up a little more get closer uh to the left is a studio apartment with the kitchen

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and the bathroom and then as you go up the steps you go you gotta there's a landing and then you

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go down it's a one -bedroom apartment in the back and then you get up the steps there is a two

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bedroom there's two one -bedroom apartments in the second floor it's just one of them

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That's part of the back apartment on the first floor.

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And what's this?

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The living area, the kitchen.

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For the first floor?

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Yes.

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That's the bedroom in the back.

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That's the bathroom.

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And this is the second floor?

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That's part of the hallway towards the entrance, the first floor.

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Gotcha.

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Oh, I see.

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And this is the front door.

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That's part of the front entrance in the first floor.

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All right.

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Do you know which unit this is?

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That's the bathroom of the apartment,

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the second floor apartment in the back,

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along with the kitchen.

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That's the kitchen for that apartment.

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That's the bedroom for it.

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Is that the second?

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The rear unit in the second floor.

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that's the kitchen and bathroom in the front second floor apartment that's the the bed uh

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the bedroom for it for the second floor the second floor yes that's part of the kitchen that's the

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door at the end it's the uh is the mechanical room that has the heater in there and that's

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the kitchen in the back is that for the second floor still for the third floor okay so that's

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the third floor which is on its own floor right that's the bathroom for it

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kitchen the third floor apartment living area and that's the bedroom all right and this is

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the basement. That's the basement, yes.

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Other questions?

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Questions from our attorney, Hillary Everson.

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

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virtual audience?

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Chair, I do not see any hand raised for that matter.

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High Planning Commission. Thank you, Mr. Chairman, and good

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afternoon. David Fecto with the City Planning Commission, Chairman and Board

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members the comprehensive plan recommends a change in zoning at this location from rsa 5

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residential single family to rm1 residential multifamily the city rezoned this neighborhood

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in 2006 and a council requested map change at that time this property was zoned r9 today's rm1

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we are aware of several legal duplexes and triplexes on this fit and on this block face

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and two buildings with five dwelling units, both of which predate the adoption of zoning.

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As the appellant bought the property as a five -unit building, the City Planning Commission recommends

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the Board grant the proposed use variance for five dwelling units.

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the board grant the proposed use variance for 512 units mi -2025 -001 -550 -1424 west vanavis street

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MI 2020

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i vote yes with provisos no household living in the basement commercial trash pickup michael johnson

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my vote is yes with provisos cheryl gaston my booty chefs with provisos tenetta graham my vote

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is yes with provisos ryan mcadams my vote is yes with provisos i win my vote is yes with provisos

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Thank you, counsel. Thank you. Number two, MI 2024 -005 -739, 1454 South 28th Street. Vern Anastasio is the attorney. There's a letter of support from residents organized for accuracy and direction and RCO with a proviso for a temporary three -year variance.

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They'll be coming back in as a panel, Mr. Chair.

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Thank you.

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Good afternoon, Mr. Chair, members of the board.

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Counsel, could you please state your name and spell for this stenographer?

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Yes, it's Vern Anastasio, A -N -A -S -T -A -S -I -O, on behalf of Mr. Vasily Guidov.

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All 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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I do.

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Do you waive the reading of the refusal and agree with its accuracy?

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Yes.

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Please proceed.

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Thank you.

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Here's the photo of the building in question.

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It's a three -story building with a garage in the rear and a main entrance on the 28th.

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And I'm going to pull out just briefly so you can see the plan.

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And then I can zoom back in when there's questions from the board.

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History, though, is important here.

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In 2008, there were permits to put on the third floor, and the use was, in fact, three separate units.

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The first floor was a real estate office, second floor was an apartment, and the third floor was an apartment.

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In 2013, there was a permit pulled for a duplex.

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My client purchased this property last year, and when he purchased it, it was completely renovated with not only the two units, but this first floor former office, real estate office, was converted to another dwelling unit.

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The basement has no living space.

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There are, in fact, three electric meters, three gas meters.

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All of that's being moved into evidence today.

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And let me share with you the interior layout.

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As I said, the basement is just mechanicals.

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and the first floor is entered through here

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and then the living room dining area with a galley kitchen and one bedroom of course the full bath

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there's a corridor a staircase right by the garage if you go up those stairs

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To the second floor unit, you'll be in a living room space with a galley kitchen.

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Still enough space for a cafe table, bistro set, and then two bedrooms.

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And of course, a full bath.

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Same corridor will bring you to the third floor, where again, you have an open concept living space with a galley kitchen and two bedrooms.

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We have met with the community. They had asked that the trash containers be either held inside the garage or with some sort of enclosure. Well, we've opted to do either one. They've also asked for exterior lighting, exterior cameras, and they have asked for a temporary, which we certainly agreed to.

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here are some photos

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seems as though permits were pulled in 2013 sometime after that these renovations happened

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and I believe that's when the first floor was turned from an office space to

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was turned from an office space to a living unit.

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My client understands a triplex is going to require a sprinkler system

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and all other building code requirements prior to occupancy.

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There are the meters for electric.

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There they are for the gas.

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moving everything else into evidence as well proof of tax payment deed rco letter

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for notification purposes proof of posting and of course the rco letter of support for the

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temporary variance with that i'd like to have vastly guido raise his virtual hand

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to put him on the record thank you

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they'll be coming back in as a bandit shortly okay

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also for the record the only permits pulled since then um have been just recently for

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or water lateral that needed to be handled.

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That's the only permits that my client has pulled recently.

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Exterior work.

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What's your client's name again?

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Vassily Guidov.

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He's here.

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Okay.

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It's unmuted.

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Sir, could you unmute, please?

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Can you hear me?

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I can.

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Please state your name as Belfort, a stenographer.

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Vasily Gydov.

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V -A -S -I -L -Y.

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And last name Gydov.

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G -Y -D -O -V.

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I do swear or affirm to tell the truth, the whole truth,

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nothing but the truth yes please proceed counsel thank you mr guido did you hear my presentation

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to the board today yes true and accurate to the best of your knowledge yes you adopted as your

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own testimony yes i do thank you sir um before we go to the board hillary you do you want to comment

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on some of your notes you left us here i just had a couple of questions mr anastasio on the

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the side of this plan um if you uh reduce a little bit it says something about an addition

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but i didn't see any addition shown on the plan oh just go back to the actual plan it says something

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on the side of the plan about an addition um but that's that was not listed as part of the

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application and i didn't see where the actual addition was proposed there is no addition

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that we're proposing in this application.

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The only addition that was submitted for and approved

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back in 2008 was the third floor.

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Okay.

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Maybe the plan is older then.

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It's the older version of the plan.

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Okay.

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Yeah.

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And then my other question is there's the garage space,

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or the garage, I assume that's for parking.

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We're not using that at all.

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You're not using it?

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okay because i was gonna say i didn't that was not on the application or the refusal either i

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didn't see any prior approvals for uh garage space curb cut that sort of thing so i thought it was a

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little confused about that yeah no the application was just to legalize the use if my client decides

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to use that garage we understand that we would have to go back for that okay all right thank you

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so much questions for the board yes what are we doing about trash storage given the backyard is

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so narrow the rco asked us to do one of two things either um have trash in this space here

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that i'm explaining right here uh that would be uh then garage yep then removed or uh at the front

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One of the property and the plan that I showed you, I don't know why this isn't up.

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Images aren't uploading.

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Please hold for a moment.

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There is the trash containers are against the property and they asked for like a trash

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chalet to cover that with a lock.

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So we, we, we agreed to do either of those.

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And there's enough sidewalk space in the front of the building to do that without encroaching

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into the right of way.

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Absolutely. I will share it again if I had some kind of technical issue right now.

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Absolutely.

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I will share it again.

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So I'll show you again. But yes, it is in the photos. It's actually on the plant itself.

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Just give me a moment. I'll be able to show that to you again.

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for some reason the photos went blank

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okay here we go

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Right now, there are three containers against the property, and what they've asked and we proposed is putting basically one of those plastic bins with a top and a lock on it

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so that each of these could be housed in one unit.

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We could put it here, or we could put it over here.

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Did streets review that?

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I know you said it's on the plan.

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The reason I say that is these are very narrow sidewalks.

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You're at the corner where there's the 88 curb ramp,

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and you have to have 36 inches free and clear,

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And it does not count what they consider the tree or planting zone, which is against the curb for signage and things of that nature.

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And I think it does not look like that is going to have enough clearance with the if you have it, you barely have it.

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So I'll just make sure you check that.

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We certainly will. Thank you.

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Council, you've agreed to a temporary variance for this.

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Well, we prefer not to, but we understand that's what the RCO would like.

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The issue with the, and of course, it's up to the board's discretion.

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The issue with the temporary, Mr. Chair, is that in order to occupy, my client is going to have to adhere to the International Building Code, which will require a significant investment of a sprinkler system.

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I understand.

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So that's the only reason why I think a three -year.

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I understand.

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I know the questions from the board.

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Questions for our attorney.

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Does it require a CO?

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Of course.

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Oh, absolutely.

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Absolutely.

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Can't do anything without that.

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And these layouts are the existing second and third floor?

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Say it again?

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I said the second and third floor, they're existing layouts.

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Is that what this is?

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These are all existing layouts.

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Yeah.

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The second and third floor are the ones that are legal or compliant, I suppose, is the proper word.

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Again, terrible layouts, terrible living space.

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First floor unit has the best, of course, living space, and it's a one -bedroom.

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The upper floor is a two -bedroom, so it'd be better as one, actually.

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But it is what it is.

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Questions from the virtual audience?

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yeah i do not see any hands for that matter planning commission

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thank you chairman and good afternoon david ficto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rsa 5 residential

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single family zoning at this location the city changed the zoning maps in this neighborhood in

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1974. In 2013, the city issued a use permit for two dwelling units. A prior owner converted the

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ground floor into a residential unit without the benefit of permits. The city planning commission

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recommends the board grant a proposed use variance for three dwelling units. So MI 2024 -005 -739 -1454

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South 28th Street. I vote yes

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with proviso.

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Certificate of occupancy to be obtained.

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Michael Johns, my vote is

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yes with proviso.

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Cheryl Gaston, my vote is yes with

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proviso. Tanetta Graham, my vote

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is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Tyowin, my vote is yes with proviso.

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Thank you, counsel. Thank you.

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All right, number four.

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MI -2025 -001 -490 -248 -Earlheim -Turris.

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MI 2025

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001 490

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248

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I'll see you next week.

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Olivia Gabriel is the attorney.

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There's a letter of non -opposition from the 12th Ward Democratic RCO.

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And there's a recommendation of non -opposition from Solo Germantown with provisos.

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And Mr. Chair, Councilmember Bass has taken the position of non -opposition with no provisos.

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Thank you.

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Olivia Gabriel, please.

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Please excuse the delay, Chair, though, she'll be coming back in as a panel shortly.

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Sure. Thank you very much.

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Welcome.

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Olivia Gabriel, please accept the invitation to become a panelist.

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Right.

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Okay.

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Yes. Hello. Good afternoon, everybody.

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Hi, could you please state your name and spell for the court sonographer?

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Yes, my name is Olivia Gabriel, and I represent the applicant, and she should be here as well.

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And her name is Martine St. Bill.

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All right, 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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Do you waive the reading of the refusal, and do you agree with its accuracy?

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Yes.

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Okay, why don't you start your presentation?

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Thank you.

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Let me share.

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All right.

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One moment.

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Well, I'll just.

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Let me just have one moment.

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All right, let's see if it works now.

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all right the current project is 248 north north earlham uh the owner of the property purchased

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four parcels that were that are interconnected and it was reconfigured into two different

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parcels. One parcel is already a daycare for the same owner. It's named Bambino Daycare

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and the owner wishes to extend the current property into the existing daycare.

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this is the refusal

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this is the application

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this is the project information form

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and I believe the architect is present so I'll skip the plan and have them explain

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and this is the deed of the property

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We have all your documents, so why don't you, if you can, can you have photos?

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Yes, this is a photo of the inside of the property.

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No work has been done except to, my client framed the property to make it safe.

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This is the inside.

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This is outside of the property.

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There was some concern when we had our meeting, which took place on May 13th, about the garbage disposal.

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My client wanted to submit photos to show that the trash disposal was contained on the inside.

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And she does have a private company picking up the trash currently once a week.

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But I believe if she is permitted to add the second daycare, she will also request twice a week.

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And this is the current daycare right here.

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This is the current daycare.

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over right here.

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And how many people are in the current daycare?

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Ma 'am, how many people in the current daycare?

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The current daycare has 72 students, but they are not there all at once.

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Okay. And then how many do you want to put in the new daycare?

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She's proposing also 72, but not all of the students will be there all at once because they have different ages.

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So they will be coming at different time of the day.

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So not everybody will be there all at once.

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Okay.

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And, okay.

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So this is outside of the property.

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So this is currently a pool and that pool will be covered and transformed into a playground.

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This is evidence of posting.

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This is, this is proof of mailing. We mailed documents to 81 neighbors.

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And this is the letter.

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All right. I have my client present, Martine.

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Well, I think, do you need to say you have your architect too?

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Yes.

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Why don't you bring the architect on and try to explain how the building is going to be laid out, okay?

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Right. Mr. Sam Tzu, are you present?

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Mr. Sam Tzu?

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Did we see anyone in the audience?

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Oh, Mr. Martine Sandville had your hand raised.

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I promoted them.

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All right. If Mr. Sandville is not there, Martine Sandville, she is the owner of the project, and she is very familiar with the plan.

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Sure. Why don't you bring her on, and then she can explain what she's trying to do.

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Yes.

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If I may just have one moment to, Martin, are you present?

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Martin?

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Still waiting to see if they come back in as a panelist.

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Okay, thank you.

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If not, I will allow them to talk.

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Okay.

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All right, she's present.

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Let me share again.

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So the center of this, you already have one daycare

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that has 72 people.

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And now you're looking to replicate it next door.

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Right.

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And there is a demand

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because there are parents

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who are already on a waiting list

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uh waiting for right is your client on is your client on yes martin sinville

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yes she's present martin could you please state your name as bell for the sonographer

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Martin Samville you are unmuted

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this is this is the architect

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could the architect could you please state your name and spell it for the stenographer

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Sam Xu spells S -A -M and X -U is the last name.

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Could you spell it, please?

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Architect, could you do that one more time for us?

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Yes.

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Sam Xu spells S -A -M and X -U is the last name.

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Okay.

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Okay. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir.

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Counsel, will you have him start your presentation?

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Yes. Good afternoon, Mr. Zhu. Did you prepare these plans?

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Excuse me?

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Did you prepare these plans for 248 North?

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Yeah.

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All right.

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Okay, go ahead.

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And two of the plans.

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Okay, awesome.

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Could you explain to the board the plans that the owners have for the property?

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Yes. When Mr. Kenney and his wife purchased the property, it was terribly run down and everything was waiting to collapse.

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And Mr. Kenny hired contractors to rebuild it and secure it.

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Right now it's ready to be converted to a good use.

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So the two buildings, as I understand it, was...

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So the two buildings, as I understand it, was part of the recreation center.

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There was once before, and then after the other side was converted to daycare,

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and then there was more demand for this kind of services.

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and mr kenny uh invest more to uh try to convert the two buildings uh as part of the uh the larger

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daycare center so we have two buildings that are connected to the current daycare we label it north

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and south building on the right side is the north building and on the left side is the south building

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the south side has three entrances. One is from the main entrance to the current operating daycare

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and then one from Oak Ridge Street at the end and from the side and the north building has

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from the smaller street and then it's connected to the main daycare center by the basement

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so uh both uh buildings have five escapes so hold on a minute hillary we're only looking at one

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building am i correct okay yes the other building is already approved right the other building is

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already approved yes but we only want to have conversation about this building that we have

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now the new building right how many floor is the current building mister three floors each okay

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Okay. And are you going to make any renovation to the structure of the building at all?

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I'm sorry. I was a little...

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Are there going to be any renovation to the structure of the building?

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Yes. Yes. A lot of planning has been done and we are ready to go.

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and actually we submitted a building application.

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It was just being held up by the zoning.

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Right.

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And if you receive the permit,

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what are the renovations that are going to be made?

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Oh, it would be start right away.

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What are they?

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Oh, what are they?

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They, well, what the mix safe already done,

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It's interior alteration to make the inside, the design that shows the new part of the daycare center.

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Okay. Are there going to be renovations for the HVAC and electricity?

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Yes. All mechanical, electrical, plumbing, everything is going to be redone.

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Okay. Otherwise, the rooms are already done. You're not going to do any structural renovation, correct?

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No, not in terms of structure. It's already done by the make -safe phase earlier.

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I believe it was last year or before that, we had a structure engineer took care of the make -safe.

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Okay. All right. So just to clarify, the only renovations are the HVAC, electricity, sprinkler, and fire -rated wall. Are these the only renovations?

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Yes. It's to be compliant with the building code requirements.

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Okay. So let's look on the first floor. Let's see.

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um if i may just if you check them on in

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all right so if you can explain to the board there are three floors if you can explain to

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the board what is in each floor currently uh i'm sorry my my screen it's kind of dark i

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don't see anything oh you don't see anything right

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you don't see the plans on the screen no it's it's a completely oh yeah right now it is okay

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so on the uh we're looking at the south building right now yeah the first floor is that would be

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like a large gathering room. What is it? Yeah. What's the first floor? It's going to be a large

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gathering room. Okay. Yeah. And what kind of renovation are you going to make on the first

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floor uh interior of the tower is to uh uh frame the

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It's to frame the exterior walls, insulate, run the wires, install the ductwork, all that is required by the building code.

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Okay. And what about the second floor?

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Second floor, I remember it was divided into three classrooms with a toilet room. And each room, I remember, each room has a hand sink and a kitchenette, at least one kitchenette for the back.

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Okay. And the third floor?

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First of all, it's only one classroom, but also a bathroom and a kitchenette.

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Okay.

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So there is one classroom.

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Counsel, go back one minute.

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Okay.

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In the first one, I noticed the basement had a whole series of offices.

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Where is that at?

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The front one?

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Let's see.

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Do you hear the question, Mr?

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Oh, no, I'm sorry.

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I couldn't hear clearly.

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I'm trying to...

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In the basement.

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Are there offices in the basement?

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Yeah, the basement is not planned to be occupied.

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It's most likely for mechanical use.

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Not in this one.

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All right.

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All right.

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Board member, I would like to bring my client in to explain

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the classroom and how many students will be in the classroom.

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Okay, why don't you bring her on?

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I'm totally confused. Is this the building that we're looking at the right one?

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is this the one that's you're renovating yes there's three buildings there's one that is a

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one -story building that's not been shown in plan that is the existing daycare 248 Earlham Terrace

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has two buildings and a plaza that has a part of the the swimming pool in the middle they are not

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contiguous one of the buildings has a party wall that it shares with the adjacent house

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and one is the standalone building on the corner with the turret so it's the two buildings that

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we're looking at the plan are

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what they are in play

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right now. So everybody does need a

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review. So both these

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are part of the... Correct. And then there's

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a

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swimming pool in between the two.

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Yeah, it would have been helpful to have kind of a

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site plan.

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Site plan would have been lovely, yeah.

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Are we doing two buildings?

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Martine? Yes,

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I'm here. Okay.

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All right, Martine. I was going to

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say the refusal

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says a child care center in an existing semi -detached structure which means it's

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they're connected by a ground floor walkway which is why i think they've been considered a single

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structure there otherwise excuse me i'm sorry for the interruption uh was uh miss St. Ville sworn

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not not yet not yet hi could you please state your name and spell for the stenographer

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First name is Martine, M -A -R -T -I -N -E, last name Saintville, S -A -I -N -T hyphen V -I -L.

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Right, all right.

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Hi, do you swear or affirm to tell the truth, told truth, nothing but the truth?

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Yes, I do.

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Counsel?

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So, Martine, why don't you start off by exactly saying what you're doing, what the buildings are?

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Yes, thank you.

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My name is Martine Saintville, as stated.

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So the building where I'm sitting now is the current preschool Bambino Academy Center.

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And it has nothing to do with this project?

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No, it used to be the All Boys and Girls Club.

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Okay.

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Prior to requesting the zoning, when I had to do the center here, the city had us have a surveyor come out to break the line.

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So that's why it is separated into two separate sides.

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So it used to be one unit, one building as the Old Boys and Girls Club.

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So we cut the line.

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We have 259 and 248 West Earlham.

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We are requesting zoning for 248 West Earlham, which are two properties that are adjacent to this one where I'm sitting at.

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The request for the amount of kids, it wouldn't be 72 as stated earlier.

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I cannot actually say how many kids will be, but tentatively, it may be.

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actually say how many kids will be, but tentatively, it may be approximately 65 kids,

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not 72. The city will give the occupancy, and when DPW comes, that's when they will decide

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how many kids can be at the center. So we are requesting the variance because once we

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decided that we needed to do the center expand the center we find out that it was not zoned

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as commercial we thought it was part of the old boys and girls club and it would be still

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part of it so that's um the purpose of the variant right so you have two buildings with

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a swimming pool in the middle that you're going to do away with the swimming pool and make it a

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playground yes and the one building has an office in the basement the other one's just no right yes

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okay um all right questions from the board

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yes i have a question about the drop -off and entrance plan um i see where the modes of

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egress are going to be but are parents going to be doing drop -off through that central

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plaza and playground area like is that going to be come the new public entrance to the campus

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So the entrance to drop off would still remain, it would be on Pulaski, because that's where we have the most parking. Because we occupied the whole corner, which is Calter, Pulaski, and Earlham, that gives us a lot of parking space because we do not have the neighbors park around because they park in front of their places.

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and drop -off is at different time it's not everyone comes like a school and drop off at 8 30 so we

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open at seven we will have some parents drop off at seven and we offer phl pre -k so the phl pre -k

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usually time frame is 8 30 drop off up until nine so nine nine p nine a .m is the cutoff time so

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drop -off is staggered it's not all at once okay and but what is the process like right now like

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what do you think your volume is because at this point we're doubling the number of people who

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would be coming at any given time to this corner yes most of our parents are neighborhood parents

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So we do not have a lot of parents who actually drive.

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They do come in by foot and drop off the kids.

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The parents who actually have to drive to drop off some of their kids, like I said,

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there's always plenty of parking for them to pull and drop off their kids.

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And at the same time, our teachers as well.

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I only have two teachers who drive apart from myself.

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okay and then my other two questions are really about facilities so are three questions about

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facilities yes one what's the plan for the filling in because i know he said covering the um swimming

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pool are you filling in the hole and then coming back with a parking with a sorry with a playground

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because that was not shown in the plan like there's no site plan that shows the connectivity

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between these buildings and the entrance?

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So if, I'm not sure if I can have access

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to show the plan, but if Ms. Gabrielle can pull in

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a 1 .3, so it will actually have that on.

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keep if i made my second third question so you can see the site plan that while she pulls it up

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you might be able to answer what's the plan for like lunch and food and snacks i didn't see a

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a kitchen facility on the plans so we do not propose a kitchen plan that's the reason why i

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requested the kitchenette so we do have a kitchen on site here because it's closely related so and

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we do offer on cacfb food we prepare our own food at the center so the food would be um

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um serve at the other um center around each classroom will have their kitchen net so which

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Around each classroom will have their kitchen net, which would be a small refrigerator, so that way they can store milk, juice, and then cereal would be stored there as well in the classroom.

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would be a small

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And if we need any food that we have to cook, it's usually food that we warm up.

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Is there going to be an industrial warming station in either of the new proposed buildings? It just seems like it's a lot of kids to have to sort of walk food from around the corner.

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Um, we actually, when we used to have food delivered, it will be delivered, you know,

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covered and just take it over. So I think that's a possibility that we can always

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wheel the food out to the two sections. And then my third question is around bathrooms.

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So I see there is bathroom facilities on every floor. Just in my experience with daycares,

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there's usually like, and especially kids that are potty training, there's usually kids scaled

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bathrooms that have multiple bathrooms that allow them to, you know, learn that are also at like

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little people sized or scaled. And I'm wondering, like, is that going to be accommodated since

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most of the age range, age ranges in the new facility seem to be under the age of five?

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so um based on experience when we built this center it didn't have two things it didn't have

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sank inside the classroom after covid i added sank so now i do understand the um utility of

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having the bathroom inside the classroom and that's one of the things i did request for the

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architect to um make sure that the bathroom are connected where they can be used in the classroom

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which i think there's a bathroom in every classroom but it's a single stall

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and they all seem to be adult scaled instead of you know for they're not going to be adult

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scales um i don't know when he built when he um drew the plan he have them as adult but they

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cannot be adult because of the size they need to be able to reach um the sink the soap and the

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toilet and then my second question would be then where are your staff and the teenagers that are

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on the top floor going to the bathroom because they would need adult scale like you need both

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scale bathrooms yes right now the plan is not showing that and then my last question

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is about separation you've got the teenagers and you've got the five -year -olds what's the security

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plan um because it looks like they're all using a common stairwell and there's no

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there there are doors but like what's the plan to to kind of keep those so the classroom will

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have doors and we do have um the the the each classroom will have a door and there's someone

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there's always camera and there's someone that's gonna be there to open and close doors so

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it's not um open access where anybody can just walk through okay

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um here's the plan for a .1 .3 okay any other questions

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Ms. Martine, so you went to the 12th Ward

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Democratic RCO and they're supporting you, right?

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Yes.

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And then Solo Germantown was also

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non -opposition to what you want to do and Councilwoman Bass

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is in favor, am I correct? Yes. That's correct.

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Okay. Questions from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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questions or comments from the virtual audience

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here I have a

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hand up from a Cheryl Smith

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I will promote them and they should be back in shortly

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Ms. Smith

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Yes.

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Hi, could you please state your name and spell for the stenographer?

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Cheryl Smith, C -H -E -R -Y -L -S -M -I -T -H.

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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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Ms. Smith, could you turn your video on, please?

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Just a minute.

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There you go.

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Thank you.

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Are you a neighbor?

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I am the 12th Ward RCO representative.

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Please proceed. Thank you, ma 'am.

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Okay, we held our meeting with them.

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The plans were, and I think you noticed this, kind of confusing.

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And I think you notice this kind of confusing. The some of the things that they introduced today were not brought up like the bathrooms on every floor and things like that. But aside from that, the corner, they do occupy the entire corner, three sides of that corner.

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okay it is active on that corner so even though there may be um parking um it's a very active

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corner so we recommend that they try and find a way to have a designated um area for drop -off

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that's kind of monitored or roped off or something um i know they can't do a curb cut or anything

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like that but it's it's it's dangerous there there have been multiple accidents there's a

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store across the street that people just pull up. You have to pull out too far into the street to

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make a turn. And on top of the fact that they're a daycare and I'm an RCO representative, I'm also

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a longtime neighbor. I remember when the original boys club was there and, you know, those things

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were going on. More people drive now, more people are less cautious about what they're doing. So

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So one of the concerns we have is safety.

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The other thing is that the pool as it stands now is enclosed, okay?

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It's always been enclosed with a fence.

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I don't know if they still expect to have that enclosed when they make it into a play yard,

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but it's not going to be a very large space unless they tear out something because, you know, it's a pool area and it was never a large space.

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it's not even the size of one of the houses that's there. So if they do that, they need to

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make sure it's secure, hopefully some green space with it. There's a lot of kids that they're

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talking about. Even though they staggered throughout the day, like the infants would be

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there all day, but the toddlers would, you know, they leave at a certain time and then you have

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the kids who go to the schools in the area. But that's still a lot of kids, even if it's not

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140 or 165

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or whatever she wants. It's still

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too many for

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that space.

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And so those are the concerns

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of the neighborhood.

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But Ms. Smith,

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you were in support of it, right? Am I correct?

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No, we were in non -opposition.

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Okay, all right. So basically that is

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support, but the way that the neighbors

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were, let's say

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the near neighbors, a few of them were in

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support there were multiple people on the call a few of them were in support um one was one or two

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were in non -opposition but the multiple the most of the community was in opposition um to to that

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especially with the other larger daycares in the area um one block one a block away and things like

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that so I think that they um I don't think that what they presented was um what I don't think

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that was a good representation of what they want to do okay so it was confusing it's overcrowded

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um and it's unsafe as it stands right now so all right thank you for taking the time to call

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thank you for your interest in the project is there anyone else with the virtual audience

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enough other hands mr chair planning commission thank you chairman and good afternoon david effecto

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with the city planning commission chairman and board members the comprehensive plan recommends

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no change to the rsa 5 residential single family zoning at this location the city rezoned this

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neighborhood in 2018 in accord with recommendations in the comprehensive plan according to the 1962

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works progress administration land use map this property has a history as mixed commercial and

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residential the city planning commission recommends that the board grant their proposed

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use variants for a child care center thank you mi 2025 001 490 248 earlheim terrace i vote yes

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michael johns my vote is yes cheryl gaston my vote is yes tanetta graham my vote is yes

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Ryan McAdams, my vote is yes.

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Tywin, my vote is yes.

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Thank you.

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Thank you.

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You have your votes.

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Thank you very much.

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We're going to take a five -minute break, and we'll be right back.

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Thank you.

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Number seven, MI 2025 -001 -538 -1123 -25 South Broad Street.

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David Orfanides is the attorney.

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There's unanimous support from the South Broad Neighbor Association, eight votes, including three affected addresses, and a letter of non -opposition from Council Member Squill.

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and a letter of non -opposition from Council Member Squill.

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Good afternoon, Mr. Chairman, members of the board.

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Good afternoon, sir.

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

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Certainly.

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My name is David Orphanides, O -R -P -H -A -N -I -D -E -S.

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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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I do.

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Could you identify your client, a relationship to the property, sir?

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Sure.

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my client is Wizville LLC. That's W -H -I -Z -V -I -L -L -E -L -L -C. They're the tenant and they're

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doing business as Claude's Comedy Club and Bar. Right. Do you waive the reading of the referral

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and agree with its accuracy? I do. Why don't you start your presentation?

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Certainly. May I share my screen?

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can anybody see my screen we can sir we have and just for a point we have all your documents so

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you can just get right into the presentation fantastic all right so uh again um 11 23 to 25

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south uh broad street is uh the subject property my client uh is the a tenant he does not own the

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building the building's owned by peter del borrello jr and elizabeth del borrello they're

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the landlords. My client is renting the cellar basement of the property, which is presently

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vacant. Up on the screen, you have a photograph of the property taken from Broad Street.

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It's presently utilized as a check cashing and a pawn shop on the ground floor. There are an

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office on the second floor, and there's a church on the third floor. There's a side street to the

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north to the left and that's altar street um the application that we're here for today so there's

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there's already a permit there was already an application put in and a permit was issued

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uh this was done as two two parts two phases um so back in january there was a buy right permit

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because of property zone cmx2 for an eating and drinking establishment sit down restaurant

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My client wants to have the comedy club.

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So the comedy club generates a referral in the CMX2 zoning district because it's assembly and entertainment.

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The zoning code provisions, as you can see in the zoning table for CMX2 that I've included at tab D2, you can see the sit down restaurant is permitted.

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But that assembly and entertainment is a special exception.

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You can see it right here.

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The property is located, as I mentioned, on Broad Street.

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Here is an aerial image.

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Here you have Washington Avenue to the north, South Broad Street running here.

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You have Lincoln Square located on the northwest corner.

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You have the new apartment and commercial mixed -use development, which in the aerial isn't finished but now is, on the northeast corner.

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You have the Marine Club condominiums on the southwest corner of Broad and Washington Avenue, and then the Rock School on the southeast corner.

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And you can see here, again, the property is on the southeast corner of Alter and South Broad.

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The owners of the property also own the property that's located at Buddington, the subject premises, which is a parking lot.

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And you can see that parking lot right here.

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um i show that because there is a dumpster uh in the back of the property um trash you'll see

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it's going to be stored inside and then ultimately put outside for class collection by the for the

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building by commercial trash pickup and that's done uh three times a week there's another view

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of the picture again here you can see the newer building that's going up on the northeast corner

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and other views of the property. Again, it's zone CMX2. There's an abundance of public

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transportation located on coming down Broad Street, as we're all fully aware. There's parking

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garages located nearby. Here's showing our property right here. And then also bike sharing

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located very close proximity. Again, exterior photographs. You can see, I mean, we're all

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familiar with Broad Street or Spoon Saddle, but it's just on the same block, a little bit to the

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south, but a mixture of residential and commercial up and down Broad Street. Interior photos, this is

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what the space looks like before starting the renovations for the sit -down restaurant. And you

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can see it's down in the cellar. It's a space that's been vacant for a while, so we'll be

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utilizing making use of of a space that otherwise hasn't been utilized for a little while these are

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of a space that otherwise hasn't been utilized for a little while these are i'll show you in a

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minute an aerial aerial an area plan so you come down steps from broad street um that you can see

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here and then in the back there's steps that go up that lead up to the to this area

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here and then that goes out to the back out to the out to the parking area

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So I mentioned, again, there's a by -right permit for the sit -down restaurant.

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Here's the entrance from Broad Street, the stairs leading down to the cellar, and then here's the stairs leading up and down to that area, that locker area in the rear that goes then to the parking area and where the dumpster is.

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Here's the floor plan.

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Total occupants, maximum number of occupants is 213.

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So the way you can see here is the trash room for interior trash storage until it gets put out.

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Storage for utilities here.

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the stairs leading down from Broad Street with an office. So this is the area where the comedy

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shows are going to be happening. You'll see in a minute, there's going to be soundproofing that's

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going to be applied throughout the space. And basically, this is going to be a closed off area

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that obviously you have to pay admission. You can come down and you can have drinks at the bar.

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There'll be small bites, snacks offered.

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And then if you want to come in to see a comedy show, you can come into this area in here.

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There's a green room back here.

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Here's the stairs that are leading up to the parking area, and then restrooms back in the corner.

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Again, here's some information regarding the soundproofing that's intending to be offered or to be installed.

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In terms of the special exception criteria, again, as this board is well aware, the use is generally deemed to be acceptable at this location.

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We have a pretty low burden of proof to establish that this use, even though it's not existing at the present time, isn't going to be any worse than this use typically is.

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And you can see the hours and days of operations, Sunday through Thursday, 4 p .m. to only 12 o 'clock, midnight, Friday and Saturdays, 4 p .m. to 2 a .m.

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For full -time employees, and you'll see the staffing 8 to 10, Sunday through Thursday, 12 to 15, Friday through Saturday.

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Interior trash storage, again, collection, the dumpster and collection from Malter Street, and the trash collection two to three times per week with pest control.

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There is reference in the letters for both SBS and A, and then reflected in the letter from Council Member Squilla, that it's support with agreement.

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I did not include it with my exhibit package. If you would like to see the agreement, this is an agreement. I'm putting it up on my screen right now. I can supplement my submission that was entered into between my client and South Broad Street, SPSNA, predominantly in regard to the liquor license.

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And there are a number of restrictions regarding, you know, you can't have nothing outside on the sidewalk, interior, closed sound system, no outside sound systems, no promoters, no dancing, no live music.

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I mean, there may be a comedian that plays an acoustic guitar, does some keyboards with their act, but there's no music and dancing.

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And that's all set forth, these types of things, having security when I think there's more than 100 people who are going to be in the club at any particular time after 12 a .m., things of that nature.

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And I can provide that to the board if they would like, given the fact that both SBS and A's letter, as you can see here, which, again, was unanimous, supported with the proviso, does reference the agreement, as does Councilmember Spillow's office.

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uh in my submission i included a copy of the lease originally i submitted when i submitted

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the other on friday um it was only executed by my client that then was notified that it wasn't

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fully executed and did forward the fully executed copy the deed showing that the landlords that are

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indicated in the lease the del borellos are in fact the owners of the property that's at tab f

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tab g is our tax clearance uh the notice the poster for today's hearing and then the posting

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at the property of the notices you can see here and the notice the notice in the notice of refusal

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and then the 14 303 notice um that was mailed out you can see here for a meeting with sbs and a it

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was a virtual remote meeting on april 15th and that was a mail first class certified

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i think with that i would have my client uh david just to be sure this is in the basement where this

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is right yes exactly so it's not first floor it's basement no yeah so it's a base so if you see

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right here in this picture where i'm circling for the orange you go there and you go down

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and everything again to look at those uh those interior photos this is what it looks like down

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And everything, again, to look at those interior photos, this is what it looks like down there right now.

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And just out of curiosity, David, there's no problem using the basement with the subway right there?

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Not that I'm aware of.

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Okay, thank you.

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I mean, no.

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I mean, it's been utilized in the past.

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It's just vacant right now, and we thought it was an appropriate location for the establishment.

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Why don't you bring your client on?

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Sure.

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Read, bend it, if you could raise your hand.

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And then I also have the architect who prepared the floor plans and the site plan, if you'd like them.

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They can also adopt my statements.

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Here's to be coming back in as a panelist shortly, Mr. Chair.

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Sure. Thank you.

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Hello.

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

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Reed Bendit, R -E -I -D, B as in boy, E -N -D -I -T -T.

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You swear or affirm that tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Precede, counsel.

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Thank you.

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Reed, please, what is your position with Wisville LLC?

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I'm the owner.

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Okay.

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And did you hear the statements that I made to the board today?

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Yes.

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And are you true and correct to the best of your knowledge?

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Yes, they are.

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And would you adopt them as your own?

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Yes. And that agreement, just real quickly, that agreement that I flashed up on the screen, that is the agreement that you entered into with SBS &A, the one that's referenced in the letters of support from both SBS &A and by Council Member Squilla, correct?

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That's correct.

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Okay. And this is your signature right here on the agreement?

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Yes.

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Okay, thank you.

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I have no further questions than Mr. Ben did.

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And then I could have Rustin Oler, who's from the architecture firm that prepared the site plan in the area property plan, like we have in the top of statements.

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Council, I do not see them in the virtual audience today.

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I thought he had texted that he was still.

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oh uh ryan solomio i think is actually on i just saw a text

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rustin had to jump off so i think ryan from his firm who was also involved in the project

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okay right there coming back in as a panelist now thank you

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all right good afternoon

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dude would you like to swear it your honor or mr chairman yeah good sir could you please state

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your name and spell for the stenographer yes ryan solimeo r -y -a -n -s -o -l -i -m -e -o you swear

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a firm to tell the truth told truth nothing but the truth yes i do please proceed counsel thanks

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uh ryan um what uh what firm architecture firm are you with uh harman deutsch holder architecture

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and i'm flashing up on the screen right now property plan floor plans um did your firm

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prepare those? Yes, we did. And did your firm also put in the application for the buy -write use of

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the sit -down restaurant? Yes. Okay. And you'll be handling the architecture through the conclusion

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of this project? Yes, we will. And did you hear the statements that I made to the board today?

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I did. And are they true and correct to the best of your knowledge? Yes, they are. Would you adopt

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them as your own? I would. Thank you. I have no further questions for any to witness, and I moved

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my exhibits including the fully executed lease agreement into the record and then just let me

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know if you would like the copy of that agreement and i could upload that to the portal as well

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after thank you very much questions from the board uh yes okay so uh can we go back to the

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picture of this space please yes the i'm sorry the interior or the exterior the the interior yep

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Okay. So people will come down this staircase here where the orange sign is. Is that?

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Yes.

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That's the front. Yes.

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Okay. And is there any other means to get out of this space?

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Yes, the back stairs. So let me show you the floor plan again.

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So the first picture, let me go here. So this picture that you see with the blue steps,

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is here coming down from Broad Street and then this picture which is the steps leading to the

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rear are these steps back here and they go and they go up and then if you go here they come up

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and then there's that area in the back that I showed um that had like blockers but here I'll

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go back for some here okay and that leads then that leads to the back all right to the parking

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And then that leads to the back, to the parking area, which is a separate lot.

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Yeah.

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Gotcha.

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So there will be two means of ingress and egress.

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Yes, yes.

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I mean, everything is going to be building code compliant, obviously, correct.

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And are there windows in this at all?

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I'm sorry to say what?

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How are we handling airflow in this space here?

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I mean, I think Ryan can speak to that to some degree, but there'll be, there'll be, we'll do the MEPs, the mechanical, electrical, and plumbing will all be permitted through the city of Philadelphia and meet the required city's requirements in each regard.

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Because it, am I, am I correct in that there's no windows or anything?

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No, no, no, we'd all, no.

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How are we, how are we getting air circulation in this place?

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I mean, it'll be done by mechanical means. I mean, I don't think the neighbors want us necessarily opening up windows in any event. So there's no, they don't want any of this outside. So that's one of the things that's nice that it is in the cellar and it's surrounded by earth. And then through vents, the airflow will be, air will be exchanged through air conditioning and air handlers.

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okay and then lighting how are we handling i mean i mean basically you're in

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the equivalent of a like a bomb shelter or something yeah it's all it's all concrete it's

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pretty it's pretty uh it's pretty intense yeah uh yeah so i mean there'll be lighting that will

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meet the requirements of the various codes as far as the amount of lighting that's required

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um it's not going to be we're not going to be walking around with candles and flashlights and

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mobile phones on uh finding our way around i can assure you and how many how many seats are we

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so the total number of occupants is 213 between the between the performance area here and then

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the seating area and that takes into account i mean we've shown seating but that takes into

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account obviously that not obviously but it takes into account um open areas which where people

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could stand as well we have to account for that as well not just show uh whatever we're showing

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in terms of seating okay and then what i'm doing i'm sorry um that that number is referenced the

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213 max number is referenced in the agreement as well with sbsna okay and then what are we doing

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about um uh fire and fire code and what have you and again we'll be compliant it'll be sprinklers

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i guess it would be ryan i mean i think it's already sprinklered if i look to see you can

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see sprinkler heads running already in the cellar it is okay and then um okay

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okay and again this is a special exception case not a variance case and i think we we will comply

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with all those code requirements and and again i think particularly because this is in a as you put

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it bomb shelter i think it's even less likely to have any type of impact than a a um an assembly

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and entertainment use would typically have um let alone one that doesn't have live music and dancing

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okay so this is more like a comedy club you said it is a comedy club yes yep that's what

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that's exactly what it is and my client has experience in the in the business

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it's going to be claude's comedy club and bar and then i guess my other question is um

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accessibility i mean how do people who have some kind of um i that's a good question um ryan can

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you speak to that i'm not sure how the existing building code works in that respect

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yeah so the existing building code since this is an existing basement space with two means of egress

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we don't and it doesn't have an elevator in the building already we do not have to meet the

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building code we don't have to provide um ada access well wheelchair access specifically we

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still need to meet all the other ada applicable codes the bathrooms all that meets all the

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requirements of the code, but we don't have to provide

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wheelchair access to the basement.

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Okay, so you're basically going to

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have limit

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basically some of your client base because they can't

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get into this space. Yeah, unfortunately, unless

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we're able to work something out with the landlords and take some of the space and

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and put something in that allows for that.

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But as of the present time,

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we're unable to do that

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because of the physical limitations

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and restrictions of the building.

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All right. Thank you.

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I have a question about the HVAC work. Have you already engaged an HVAC engineer? And what's the plan for the ceilings? Are they going to be exposed or dropped or softened?

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I have a question about the HVAC work.

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Ryan, can you speak to that or read? Maybe you've had some communications and you can just answer freely.

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yes we have already worked with sprinkler contractors and hvac contractors to get

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general idea of because it is a pretty tight ceiling utilizing smaller smaller and wider ducts

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so we are already engaged with mep and the sprinkler company we're going to do some things

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where we pull the sprinkler pipes all the way to the wall and invert the heads

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um so we are we are working to make sure that we're doing it as neatly and um keeping everything

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as tight as possible right do you know if that's going to remain exposed or is that going to are

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we going to almost put in like a drop ceiling it to the sprinkler i think it's going to all be

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exposed okay from our last conversation and then do you know what the current ceiling heights are

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in this space it looks like they're barely at eight feet

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i mean that's i think that's one of the reasons the sprinkler heads have to be or the sprinkler

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pipes have to be taken to the ceiling and the heads and birdies obviously they are but it's

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still i mean like you're i'm talking like you might have three inches of clearance so

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the reason i asked is that without having a design plan this seems really really tight for

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the number of people that are going to be in this space i've been to many clubs i've been to very

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few clubs that are for 200 people that have a you know eight foot ceiling height um my other

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question is about signage what's happening is the check cashing place staying in place they're all

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staying there yep so how do people know where clods is because i feel like the only thing i

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know about this building even from like driving past it a million times is that all you see is

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check cashing united how are we how are people going to even know that this exists so i mean cmx

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we i had i had this conversation with reed um when we first um discussed the matter and

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you know as far as inventorying the the existing signage and my understanding that there's going

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to be some type of an accommodation if necessary to reduce the existing signage or just to add

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their signage whether it's just on the door or another location on the front of the building

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obviously and that has yet to be figured out and um and that'll be compliant with the cmx2

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limitations unless if it's not we'll have to come back to the zoning board again but the idea is

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that'll be within the limitations and restrictions of cmx2 and then for the light bites that are

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being served, are those being prepared on site? Reed, can you quickly talk about that?

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I think they're going to be more prepared behind the bar. Reed? Yeah, I guess my question is how,

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because there wasn't a flat portion and exhaust. Yeah, that's just a whole nother process

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in a space that's very tight. Yeah, we had, there were some recent emails about getting

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health department uh plan review approval um uh so i think uh jason can you let reed in to speak

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i think he needs to be promoted back he just texted me back in okay thanks hi thank you yeah

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uh i might have missed a sentence or two in there but to answer the question about the food um yeah

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they're going to be light bites served i'm going to be having some countertop cooking equipment

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like hot dogs and grilled cheese, like a panini press, simple stuff like that.

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And to speak to the signs, the landlord is going to be divvying up the sign into four panels.

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So the existing structure will be there, but just the facade and the names of the businesses are going to be changed.

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So I believe it'll be each four businesses and one on each side of the panel.

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And you say the panel, the big green that says check cashing united.

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Yeah, each one will be divvied up four ways.

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Okay, gotcha.

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there's four businesses in the building

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i thought right now there was one and we're talking about you all would be the second

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no it would be the fourth so there's check cashing okay there's pawn shop there's and

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there's church church on the upper floor right i i guess my controversial question for reed is

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what drew you to this building for your use because this feels like it's going to be really

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really hard and somewhat expensive to get the use that you want in here comfortably um and

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um and there's a lot of unknowns that like yes we could approve you today for zoning

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there's a lot of unknowns that like yes we could approve you today for zoning

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but you've got to hit a lot of very specific lni related things that are like not the easiest path

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forward from a design standpoint and like i just i'm curious like what drew you to this location

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well so i've been promoting shows and putting on shows uh comedy shows for a long time uh one thing

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comics are drawn to are low ceilings so that's immediately what got me interested in the space

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on top of being in Broad Street.

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Also to speak to some of the clearance,

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I believe in the most recent engineering plans,

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the sprinkler system will be inverted

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and it will be actually inside of a drywall ceiling.

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Sorry, I don't have the exact terms right.

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So there will be the full clearance of about,

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after the ceilings,

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it'll be about seven foot four of clearance throughout.

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Which I don't know that that's legal

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in a basement in Philly.

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I think you have to have 75 % of the, of the open floor area has to have a seven foot 11 ceiling, which is what my concern was.

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Cause I was like, you really, you literally within like a six foot clearance range of, of code.

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So, okay.

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Yeah.

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I understand.

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I understand what you're saying.

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And they're all very valid questions.

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And there are things that they've been specifically working on from the beginning and aware of.

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And I can assure you, nobody's leading Reid down this path without the idea that they can comply with those requirements, because that height is obvious as soon as you walk in and as the photos reveal, but it may be part of what may be kind of unique about this space as well, as Reid mentioned.

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For better questions.

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Questions from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience.

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i do not see any hands mr chair planning commission thank you chairman and good evening

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david effector with the city planning commission chairman and board members the comprehensive plan

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recommends no change to the cmx2 commercial mixed use zoning at this location the city rezoned this

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neighborhood in 1998 and council requested map change the appellant has shown that the proposed

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assembly and entertainment will have no detrimental impacts beyond what might be expected

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the city planning commission recommends the board grant to propose special exception for assembly

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and entertainment thank you mi 2025 001 538 1123 to 25 south broad street i vote yes

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johns my vote is yes show guest and my vote is no tennetta graham my vote is no

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ryan mcadams my vote is yes tywin my vote is no

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so in the event of a tie the appeal is denied what's that in the event of a tie the appeal is

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Denied. Appeals denied. Thank you. Thank you.

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Number eight, MI -2025 -001 -548 -926 -76 East

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Shelton Avenue. I'm sorry to interrupt you, but may we have a brief pause? I

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a technical hiccup here. What's that? I have a technical hiccup on my end.

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I don't know what you're saying. Technical hiccup.

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What's that, Bill? Oh, sure, sure. Take a pause.

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Mr. Chair,

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looks like you're turning up as attendee when

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should be a panelist.

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It's coming now.

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Yep. Thank you.

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okay okay we're good

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are we ready

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okay yeah we're ready sir

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thank you so mi 2025

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001 548 926 to 76

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East Shelton Avenue.

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Jeffrey Stacey is the attorney.

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Unanimous support from the 12th Ward

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Democratic Committee, RCO.

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Jeffrey Stacey, if you are available,

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Jeffrey, Stacey, if you are available, please raise your virtual hand.

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please raise your vote.

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They should be joining back in as a panel shortly, Mr. Chair.

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Okay.

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Good afternoon, Mr. Chair, members of the board.

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Jeff, Stacey.

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Sure.

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Could you spell your name, please?

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Sure.

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Jeffrey, J -E -F -F -R -E -Y, Stacy, S -T -A -C -E -Y.

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

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I do.

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Could you identify your client, a relationship to the property?

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Sure.

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Mastery Charter School, Paxdorius Richardson Elementary, and they are a licensee, equitable

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owner of the property.

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Do you waive the reading of the refusal and do you agree with its accuracy?

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Yes.

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Why don't you start your presentation, sir?

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Sure.

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May I share my screen?

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Are you able to see my screen?

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No.

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Beer's coming up now.

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Okay.

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All good?

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Yep.

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Okay.

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So my client is the Mastery Charter School, Pastorius Richardson Elementary.

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It is a kindergarten through eighth grade public charter school serving about 650 students on Shelton Avenue in the Germantown neighborhood.

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My client has occupied this space since the 2013 -2014 school year, and this particular building is the old Francis D. Pastorius Philadelphia Public School.

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We put together an exhibit package, but before I walk through that, the application here is for the addition of two projecting signs, which you can see here in this image.

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image. And this is phase two of a multi -year, multi -million dollar project to improve conditions

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at the site and make the space more aesthetically pleasing, but also safer for students and

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families. We submitted an exhibit package last week to the ZBA, also have submitted additional

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documents since that time through the portal, and I'll walk through them. The property is zoned

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RM1, despite its use as a school for a number of decades, and RM1 prohibits projecting signs,

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and the two metal panel signs that I was pointing to earlier are therefore prohibited, and we're

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here to ask for a variance from the code. We filed our appeal in March, outlining our reasons for

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seeking the variance, submitted our project info form, as well as a tax clearance certificate.

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As I said at the top, the Mastery Charter School of Pastorius Richardson Elementary is a licensee.

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It does not have a lease. It has a license agreement with the owner of the property,

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which is the school district of Philadelphia. The school was first chartered in 2013,

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and there are five -year charter terms and the license agreement runs concurrently with the

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charter and the school has remained in operation and therefore so does the license. But in addition

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to the license agreement which we supplied to ZBA, we also have direct authorization from the school

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district in the form of a letter, which is here. So on March 28th of this year, the Board of

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Education approved a number of projects at the Mastery Charter Schools, including the one here

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at Pastorius Richardson Elementary. We have our tax compliance certificate. Staff had also asked

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for an updated one, which we supplied, and that can be seen here. Our original submission,

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to go through this in a little bit more detail, the property is on Shelton Ave. It borders Sprague

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Street on one side and Shelton Ave. on the other. It's about a mile from the intersection of

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Germantown and Wayne Avenues. And you can see here in the drawings that, you know, the improvements here are to add, you know, these metal signs, one projecting about four feet into the right of way here on Shelton Avenue and extending.

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into the right of way here on Shelton Avenue and extending six feet for this sign and five feet, 11 and a half inches for this above the roof line.

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And the purpose here is to sort of complete the branding and visual improvements to the building.

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And I'll cut to pictures of the existing building right here.

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So this, these particular images are taken from Shelton Avenue. On the left here, this was the condition of the property before phase one of the safety improvement project started. There was, you know, pretty, there was a curb cut here and disrepair.

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There were some issues with ingress and egress to the building for students and families.

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So part of phase one of the project, which you can see, which was completed, and you can see in the right -hand side here, was sort of a new updated way for parents to drop off their students, pick up their students at school.

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The facade of the building was also improved with some paint and new windows.

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and you can also see the existing canopy over the entrance here, which I believe juts out about six

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feet. So the one sign would go on the right -hand side of this canopy and the other along Shelton

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Avenue. Here is another picture of that. Here's a map view. Like I said before,

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The property borders Shetland Avenue and Sprague Street, and then the back of the property on Woodlawn Street.

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An aerial view looking, I believe, from the northwest over Shetland Avenue.

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You know, we have a pretty bland rectangular school building.

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This was before the Phase 1 improvements had begun, but you can see the side of the building where the signs would be constructed.

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This is a more recent photo, and where you see the blue right at the end here is where the sign along Shelling Avenue would go, as well in the back where the blue ends over here, where the other sign would go, and they would flank the improvements that have been done to date at the school building.

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here's some additional pictures from the other sides of the building

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as well as the rear on woodlawn street

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we posted the notices

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an rco meeting was held on july 8th with the 12th ward democratic committee

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there were i believe six members six near neighbors present

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They unanimously voted in support of this project, and as part of our exhibit package, we also have the notice that was sent out for that meeting, as well as the canceled certificate of mailing.

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In addition, one more note on the school district's approval.

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This is the agenda from the March 28th, 2025 meeting of Board of Education.

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One of the agenda items was to accept donations from seven master charter schools, including Pastorius Richardson Elementary.

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Because my client occupies the property as a license agreement, in the event that license is terminated or the school's charter is terminated, any improvements to the property will become the property of the school district.

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So on March 28th, the Board of Education voted to approve to accept the capital improvements made to that building in the form of a donation.

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And the total cost of the signage project, as well as phase one of the project, is about $4 million.

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And that's identified here, and that was provided in the portal, along with other information in the past few days.

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i'm i'm happy to take any particular questions the board might have at this time

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if not i'd like to call omar robinson bring your client on please

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sure omar robinson can you raise your hand

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coming back in as a panelist shortly

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Good afternoon, Omar Robinson, O -M -A -R.

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Please spell your name for the court stenographer.

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Yep, O -M -A -R, Robinson, R -O -B -I -N -S -O -N.

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

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Do you 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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Yes, I do.

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Please proceed, counsel.

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Mr. Robinson, are you the Senior Director of Facilities and Capital Planning for Mastery Charter School, Pastorius Richardson Elementary?

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Yes, I am.

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Did you hear the statements that I made to the zoning board today?

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Yes, I did.

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Was everything true and correct to the best of your information and belief?

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Yes, it is.

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And would you adopt those statements as your own testimony?

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Yes, I will.

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Mr. Chair, I have nothing.

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Sure.

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I was just going to say I have nothing further.

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All right, thank you.

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Very good.

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Questions from the board.

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Okay.

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My question is, and just from what I'm hearing from you, what is the purpose of these, the

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projecting signs?

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I mean, I understand the canopy, but you said something about safety, and I'm trying to figure out what the safety aspect is here.

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Sure.

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So this is one facet of a larger project, which was handled in phases.

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Phase one of the project, and I'm showing on the screen the presentation that was made to the RCO,

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was to make improvements to the property, which included installing a playground,

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installing new windows with higher visibility into the school building,

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as well as new doors and windows surrounding the entranceway.

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This particular phase of the project, which is the last piece,

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is to sort of complete the branding for the school,

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making sure that folks know that this is Mastery Pastorius Richardson Elementary.

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And then also adding sort of an architectural element

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that will make the building stand out a little bit more, too.

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its students and community members, as well as passersby. There has been some research that says

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that when students are attending a building that is aesthetically improved, it improves

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student climate and morale. But really, the main aspect as to why this is considered safety is

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because this is part of a larger project centered

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around student safety and building improvements.

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Well, I understood the idea that you

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were trying to fix the driveway entrance

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and the general access to the property.

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But I'm not sure I understand the safety aspect

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of these signs.

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I mean, not that I'm saying that it's a bad idea.

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I'm just, I'm not understanding the safety aspect of it.

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I understand that it's aesthetically.

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Sure.

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Yeah, and it's equal parts of both.

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And I think this is, you know, the mastery charter schools have a portfolio of a number of schools.

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Mr. Robinson can provide you the exact number.

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I believe it's 17 in Philadelphia. I may be off by one or two. But the idea is to make...

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You know, these projecting sounds like a feature of the other buildings, and therefore this is to be consistent with the other buildings. Is that what we're doing here?

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That is correct.

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Oh, okay. Then that I understand. I didn't understand the idea that this provides some sort of safety aspect of that. I didn't understand that.

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And we're certainly not here to say that, you know, this particular facet of the project, you know, is 100 percent based on safety.

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That's part of it. And the other parts are to make it aesthetically pleasing, improve, you know, a relatively bland looking, you know, boxy building and, you know, to make it a landmark in the community.

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OK. And these are not illuminated in any way, correct?

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That's correct.

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Okay.

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Thank you.

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I have a question about the verticality.

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So in the two vertical signs, what's being done to prevent water dripping onto pedestrians?

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Like, is there anything that's either wicking the water away or?

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Omar, if you're able to answer that, that's fine.

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I believe we also have a representative of the architecture firm on the line if we need to toss it to him.

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Yes. So I believe our architects had to jump off.

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But to answer the question, yes, water will be isolated to be able to remove away from the sign.

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isolated to be able to remove away from the sign. I'm not a designer, but the way we've been

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I'm not a designer, but the.

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discussing and designing this has included all of that process.

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And you currently have signs like this on other mastery charter schools?

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We do not have some in Philadelphia yet. This would be one of our first, but we've also gotten

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approval for Smedley as well as Cleveland, which will have similar signs.

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approval from

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we've been

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we've gone through you as well for those as well

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okay and then for the sign

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that's going on the existing overhang

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I'm assuming

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that that accounts

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for the additional

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weight to the top of that structure

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yes it does

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other questions

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questions or comments from our attorney

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Hillary Emerson. Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair. I have Charles Richardson online.

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I will let them out.

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Mr. Richardson?

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Good afternoon, Mr. Chair. Mr. Richardson, our day would not be

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complete without hearing from you. I was thinking that.

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We've been waiting all day for this, but go ahead.

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Could you state your name and spell for the stenographer?

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Certainly.

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Charles Richardson, R -I -C -H -A -R -D -S -O -N, Office of Councilwoman Cindy Bass Room, 508 City Hall.

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Do you swear or affirm the tell the truth, told truth, nothing but the truth?

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I do.

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Please proceed.

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Councilwoman has no opposition to granting the variance.

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Thank you very much for taking the time to call.

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Anyone else in the audience?

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No further answer, Mr. Chair.

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Army?

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no further answers thank you planning commission thank you chairman and board members good evening

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david effecto with the city planning commission the comprehensive plan recommends no change to

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the rm1 residential multifamily zoning at this location the zoning in this part of the neighborhood

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dates to 1933 the appellant proposes to install projected signs at the entrance to an elementary

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school the appellant has shown that the proposed projecting signs will not injure the use of

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adjacent property the city planning commission recommends the board grant the proposed use

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variance for projecting signs thank you mi 2025 001 548 926 to 76 east chelton avenue i vote yes

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michael johns my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes

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ryan mcadams my vote is yes i win my vote is yes thank you council number 11 mi 2025

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0 -0 -1 -5 -5 -4

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3220

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South Juniper Street.

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Richard DeMarco is the attorney.

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There's a letter of support from the

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Veterans Stadium Neighbors Civic Association.

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There should be

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coming back in as a panel shortly. Sure.

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Thank you.

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there we go takes forever to join Mr. Chairman hi Mr. DeMarco how are you could you please state

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your name and spell for the stenographer hey it's Richard DeMarco last name spelled d -e -m -a -r -c -o

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you swear or affirm to tell the truth the whole truth nothing but the truth

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yes could you identify your client your relationship to the property

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Yeah, Michael Locantor is the owner.

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

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Yes.

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Why don't you start your presentation?

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Thank you.

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All right, Mr. Chairman, this is a dimensional variance for, let me put the refusal up.

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Can you see my screen?

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We can.

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is it's the eight foot setback variance for the third story. This this is around the corner from

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me. This is a neighborhood very that I'm very familiar with. This particular street is Juniper

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Street. So the only variance we require is we're asking for is the eight foot to not have to set

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back the eight foot on the third story. This variance has been granted in this particular

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community by this board on several other very recent occasions that the RCO that I'm also

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involved with is fully in support of these types of variances, especially on Juniper Street.

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So what I want to show you about that is the Juniper Street properties, this is the front

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photo, they're very shallow. So if you look here,

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they're very shallow. So if you look here, you only have basically a 36 -foot depth of the

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property. So when you do the third story, if you have to set back the eight feet, it cuts in

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significantly into the third story and makes it extremely difficult to pull it off. I'll show you

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the site plan real quick, and you'll see what I mean. I'm sorry, I meant the floor plan. If you

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look at the floor plan here, this is the stairwell that's already existing, and you have to connect

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the stairwell to that third story. So the eight -foot setback does create a very difficult

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situation. We as a community have supported these types of variances. The neighbors were

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not in opposition. As a matter of fact, a few people came in and support. Other people do want

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going to do this type of thing in the future. I don't know that I will be doing it, but many other

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people have taken advantage of it, and we do as a neighborhood support that because the properties

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are only two stories, and it's a nice neighborhood, and they're very squat properties. They have some

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good open space, but they're very shallow. The tax clearance, so to zero tax balance,

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The only other thing I want to say about that, he did try to download it. It was saying that he passed the tax clearance, but he was unable to download the actual sheet. But there's a zero tax balance. And I know that we're sure that he's clear, but we had trouble getting the actual.

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I think we're okay with that.

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All right. Very good. So I'll ask, under those circumstances, we have support from the RCO. The neighbors are in support of the variance. I'll ask you to promote Michael Locantore to panelists so he can adopt my statement.

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My statements.

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So, Mike, raise your hand virtually at this time.

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We'll be back in as a panelist shortly, counsel.

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Mike, can you hear me?

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I can hear you. Can you hear me?

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Yes, sir. Michael, could you, thank you.

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Could you state your name and spell for the stenographer?

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Michael Locontore, M -I -C -H -A -E -L -L -O -C -A -N -T -O -R -E.

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Do you swear or affirm that tell the truth, the whole truth, nothing but the truth?

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I do.

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Mr. DeMarco, please proceed.

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Mr. Locontore, did you hear my factual presentation of the board today?

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I did.

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It is a true and accurate. And can you adopt it as your formal testimony in this matter?

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Yes, I can. Mr. Chairman, with that, I would move into move my exhibits in the evidence, ask and I rest.

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Thank you. Questions from the board. A little punchy after all that waiting.

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How many other third story editions have been built on Juniper Street?

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uh on juniper

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i believe there's three three three yeah and i know gary street has has one uh my block has

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three neighboring block has two um yeah and do any of the ones that have already been built

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Did they also skip having the third floor set back?

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They all have not stepped back, and they have all received variances for that.

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There's maybe one or two that predated the change to the code that required this variance,

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but this board has granted, I think, about eight of the variances recently on this.

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Okay.

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And have you talked to your contiguous neighbors at 3222 and 3218?

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Yes. Yes, I have. And are they both in support of your proposal?

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Full support on board with it. Yeah, I did instruct Mr. Locontore to speak with them and he did so.

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And no one was in opposition at the neighborhood meeting.

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Okay. And then what's the proposed new use for the third floor?

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I'm sorry. You want to go ahead, Mike? It's the single bedroom for the single family home.

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Yeah. So basically the third floor, we're just going to have master bath, master bedroom. We're going to have the washer and dryer up there and a closet, walk -in closet for the bedroom.

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Okay.

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Other questions?

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And this will still have a driveway? Does it have a driveway?

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Yes. There's a driveway in the back of the house as long as with a parking spot.

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Okay.

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Yeah, there's a private rear drive that serves all of the homes on.

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Yeah.

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Yeah.

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Okay.

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Yep.

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that's right here questions questions or comments from our attorney hillary emerson

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That's right here.

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Questions or comments from our attorney?

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not at this time mr chair questions or comments from the virtual audience

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you're not seeing any hands raised for the matter mr chair planning commission

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good evening chairman and board members david effecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rsa5 residential

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single family zoning at this location the city rezoned this neighborhood in 2018 in accord with

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recommendations in the comprehensive plan at that time this property was zoned rm1 residential

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multifamily the appellant has not shown that they would suffer an economic detriment if they were

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forced to comply the dimensional requirements in the rsa5 zoning district city planning commission

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recommends the board deny the proposed dimensional variance thank you mi2025 001 554 3220 south

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Juniper Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Ryan Wood, my vote is yes.

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Thank you, Mr. DeMarco.

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Thank you, everyone. Have a great night.

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Is there anyone in the audience who a 2 o 'clock case has not been called?

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Don't let any answer, Mr. Chair.

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Okay, we're going to go right to the 3 .30 list.

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good afternoon everyone my name is bill berkman and i will be chairing this meeting of the zoning

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board of adjustment with me is our board member cheryl l gaston president mr chairman board

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member tanetta graham president mr chairman or board member michael johns president mr chairman

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our board member ty winn president or board member ryan mcadams president mr chairman also

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President is our Attorney Hillary Emerson, the Zoning Board Director Ian Haggerty, and our Board

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Administrator Lakeisha Dandy. A record of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded. This is an in -person meeting with remote capabilities.

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Whether remote or in person, if you call to speak, you must state and spell your name

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and then wait to be sworn in. Once you've been sworn in, please state your name each time before

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beginning your testimony any person may enter their appearance to become an interested party

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to a case there are three ways to enter your appearance you can identify the case property

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address on your zoom webinar you can see a staff member or you can call the cba appearance line

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by the close of business tomorrow call 267 -270 -5548 leave a message that includes your

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email address and the address of the property appeal case the following guidance is for our

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remote attendees. First, when directed by the chair, you must raise your virtual hand

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in order to be recognized to speak. Second, if you are called to testify, you'll be prompted

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to join as a panelist. Please accept the request and turn on your camera. Third, the webinar Q &A

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is for questions about the hearing. Do not comment on cases in the Q &A. And fourth, if you're

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participating by phone, press star nine to raise your hand and star six to unmute. Let's look at

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our schedule for this afternoon.

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Number four, MI -2025 -000 -943 -3210,

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and North 5th Street.

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This case is continued till

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2 -11 -26 at 3 -30.

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Number 5.

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MI 2025,

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000 -972 -5200 Comley Street.

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This case is continued

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to 2 -11 -26 at 3 -30.

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are there any other requests for continuance

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good evening mr chair this is jason hander i will be your co -host for the session

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i have a hand up from evie riaz i will allow them to speak

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hello good afternoon i'm here um for 45 30 brinkston rigston street 45 30 um

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hold on one minute 45 30 blackston street are you the owner are you no i'm the expediter

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the original expediter gone and he had an emergency we need to talk to the owner is

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He had an emergency.

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We need to talk to the owner.

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Is the owner here, please?

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The owner here, please.

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No, the owner's not here.

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No, he's the owner.

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Okay, they're going to continue?

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They're asking for a continuance?

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Correct.

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Number three.

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Sorry, Ms. Reyes, we'll take the request this time,

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but please note that we really need to receive these requests

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from the property owner who is seeking the variance.

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Okay, thank you.

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So when is the continuous day?

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We'll give that to you now.

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Okay, thank you.

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My 2024 -005 -972 -4530 Blackston Street.

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This case is continued to 2 -11 -26 at 3 .30 p .m.

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And Ms. Reyes, one additional question.

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Will the property owner need an interpreter for this matter?

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Yes, thank you so much.

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What language?

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Spanish. Okay. Thank you. Thank you. Have a good day, everybody. Bye -bye.

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So, number one, MI 2024, 005 -959, 1300 -02 Harrison Street. No exhibit, second listing.

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The list of the owner is Jermaine Oates.

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Yeah, I do not see any hands raised, for that matter, and I do not see that person's audience.

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Thank you. So this is the second listing. We have never heard from the listed owner. MI 2024 -005 -959, 1300 -02, Harrison Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Ryan McAdams, my vote is to dismiss.

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Iowan, my vote is to dismiss.

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And number two, MI 2024 -005 -964 -1444 North 2nd Street.

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Elizabeth and Pablo Massas are the listed owners.

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There are no exhibits.

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This is a second listing.

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But we do have a letter of support from South Kensington

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and a letter of non -opposition from Councilmember Young.

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Sure, I have Elizabeth Massas in the audience.

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they have been allowed to speak. Sure, thank you. Elizabeth Massas, please unmute and wait to be sworn in.

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Hi Elizabeth. Hello, can you hear me? I can. Elizabeth, could you state your name and spell

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for this stenographer? Elizabeth Massas, E -L -I -Z -A -B -E -T -H -M -A -S -S -A -S. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? Yes, I do. Elizabeth, we do not

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have any current documents from you. Are you still moving ahead with this case? Yes, I am. I do have

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in my presentation the documentary that um i can share well we can't do that we we need to see your

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documents first and we have to evaluate them and see where we need to be so this case is going to

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be continued one more time and if you have any questions on what you need please contact the

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office and they will help you do it okay i will share that i did try to contact and get on the

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calendars trying to submit some of those documents all of them that were listed um and uh when i

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checked in with lni they had said that at the very least my um

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my drawings were definitely there um but i i have attempted to this is you know this is not lni and

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And we have a separate system for uploading documents.

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So, yeah, there were no documents uploaded to our system.

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And Ellen and I wouldn't have let you upload more than I think what you already did because the case has been moved over to the zoning board.

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So I think what we're going to do is we're going to continue the case.

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And like I said, if there's any help at all, well in advance, call the office.

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We'll help you.

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This is going to be continued to 2 -11 -26 at 3 .30 p .m.

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Thank you very much.

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Thank you.

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That's the end of the day.

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There's nothing to check.

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We just went through all five cases.

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Thank you, everyone.

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LaKeisha is very happy.

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I want everyone to know that.

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She's happy.

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Happy, she's happy.

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Permits on this parcel