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Hearing video

ZBA Hearing - July 23, 2025

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

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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