civus
Hearing video

ZBA Hearing - October 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 25, 20234h 25m

Thank you.

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

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Good afternoon.

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Yes, my name is Henry Rojas, H-E-N-R-Y-R-O-J-A-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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Okay, so this application is for artist studios and artisan industrial and wholesale sales and distribution, making chocolate items and distribution at basement in the same structure with a single-family household living above.

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No signs on this application.

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no signs on this application. The proposed use of artist studios and artesian industrial is

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The proposed use.

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prohibited in the RSA 5 zoning district. The proposed use wholesale sales and distribution

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is prohibited in the RSA 5 zoning district. Multiple principal uses on a lot are prohibited

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in the RSA 5 zoning district. Our vice chair has just a few questions for you, sir.

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Yes.

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Good afternoon, sir.

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Have you emailed in all the required documents that are needed to proceed with this case five days in advance of this hearing?

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Yes, sir, I did.

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Thank you.

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Please proceed and share your screen.

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Okay, let me share screen.

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All right.

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I'm sharing the screen.

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Good afternoon, Chairman and members of the board.

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Well, basically here, as you can see, is the denial that you just read.

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What we want or plan to do in this location, as you mentioned before, we want to do a business to be able to prepare fruit arrangements.

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Basically, as you have heard, probably it's edible gift made with fruit, covered with chocolate.

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That's all we want to do.

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it has nothing really artistical we don't do wholesales we basically we would do uh basically

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receiving orders in this location online we wouldn't be receiving any clients in place

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it's everything would be online everything will be prepared in the basement uh following the

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different uh requirements that any kitchen uh would would need for that uh nature uh we would

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do the delivery so in that same reason it was not distribution per se we would do the deliveries of

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each one of the uh give to the different recipients where they should go um as you can see here i will

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i show you the application for appeal that was required um then uh i have here

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i have here for you also the

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the project application that was uh shown also um submitted to you

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we have here the deed from the location uh my wife and me who are the ones who own the location

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we are the ones who would want to work on this place and we want to create the business for this

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um here's the authorization letter from my wife where she's allowing me to represent her in this

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uh hearing this is a uh tax clearance for the building showing that there is no uh issue with

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the taxes uh here are um as you can see the uh certificate of mailing of the uh for the rco

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public meeting that was conducted on September 21st at 7 p.m. in the evening. Here we can also

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show the list of the 117 different houses around the 2100 Robins, 250 feet far from the location.

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Also you can see this was the notice that was sent to all the neighbors around the area

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and businesses around the area and just to give you an idea basically this is the

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floor plan that we have right now it used to be a garage we remove this wall previously with all

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the permits required for that it's an empty space there we right now basically using it to store

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some personal belongings what we want to do in that location is basically have some tables to

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have all the work done of course all the things are required to have to clean the fruit to clean

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the hardware to cut and personal cleaning for for us to do the job and different

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refrigerators or freezers to keep all the inventory for that matter. There is an electric

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plans. Nothing changes in the whole building. We would only add a couple of lamps here and a couple

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of outlets to make sure we can connect everything that we need, but there are no major changes on

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the electrical plant from the building.

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This is the basement elevation that was presented.

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This is the basement elevation that was presented.

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And this is a street view. What we want to make sure that we have is, since the area is no longer

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a garage, we want to have the driveway that was used to keep it as a ramp. And we want to make

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sure that the area that is a part of the yard, we would make it a parking area so we can make sure

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we can have any car that would come if required or will park here to pick up deliveries to

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have put it to park here and not cause any traffic jam or affect the area parking wise

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and if required any kind of trash containers also we would be able to have it here.

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this is a list of the neighbors um who signed it's pretty much a list of uh 41 42 neighbors

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who signed the uh petition i personally did that and visited all of them um making sure that i'm

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giving them all the information about this um project i don't have anything else to share with

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if rojas you have photos yes ah let me show you pictures yeah i forgot that these are internal

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pictures i don't know if you can see them yeah okay so this is the utility area this is the um

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this is also how it looks right now basically a bit of course messy but it's because we haven't

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done anything there um this is everything on the area these are the pictures for the posters

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As you can see, it's a corner building sharing between Robin Street and Leonard.

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One block from here, there are other businesses in the area.

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And this is the area where we are considering to have a pavement and have a parking, at least for two spaces.

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Questions from the board?

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No, Chair.

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No, Mr. Chairman.

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questions or comments from our attorney hillary emerson um just one brief comment mr chair um

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mr rojas you mentioned that you wanted to put parking here i just want to make sure that you're

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aware that that's not part of your current application so that that will require separate

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permitting and approvals um in order to be able to do that that is correct that would be a

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um for a different procedure yes okay all right great thank you yeah no problem

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your comments from the virtual audience

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i do not see any hands mr chair planning commission the ron bednar city planning

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the property is indicated for residential use on an adopted comprehensive plan no changes to

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existing zoning at this location has been recommended the applicant's hardship is not

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supported with evidence of unique physical circumstances or condition of the property

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that would prevent it from being used in conformity with the code

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therefore we recommend the request of various topic

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continue the vote on this till next week we'll probably vote at two o'clock next week

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I just want to confer with our other board members before we vote, okay?

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Okay, thank you so much.

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Thank you, sir, and thank you for your presentation.

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Have a great day.

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Thank you, bud.

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Yeah, you too.

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MI 2023-002-186-3301 Princeton Avenue.

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Ron Anastasio is the attorney.

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um there were meeting held on 918 and or 10 1623 by the may for civic association

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um no rco letter at this point that that we have

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mr anastasio yes sir but you just state your name you've already been sworn

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you've already been sworn in earlier yes sir verne anastasio uh representing uh jessica yun lee

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okay our vice chair has just a few questions questions sir thank you good afternoon counselor

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

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Yes, sir. Have you emailed in all the required documents to proceed with this case five days

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in advance of this hearing? I have. Thank you. Thank you. I want to start not with my exhibits

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but with a secondary document, Mr. Chair, members of the board, a petition of several folks right on

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A petition of several folks right on the block, all supporting the variance for 3301 Princeton Avenue.

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the block.

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The application is for the business professional office at the ground level of this property, which has long been commercial.

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And my client was able to go door to door and get most of her immediate neighbors in support of that.

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So I wanted you to see the petition first, since we are absent of any other sort of document expressing support or otherwise.

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Here is the exhibit binder itself of evidence.

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Oh, this is the wrong.

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My apologies.

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I'm going to take this out for a moment.

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and

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there it is 3301 princeton avenue again the proposed uses for our office space on the ground

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floor of an existing structure it is zoned rsa5 however it is on a corner with a very long history

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of commercial use here is the second floor layout and here is the first floor layout

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that my client was able to put together

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here's the property itself as you can see there's a you know there's a commercial window on the

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first floor it's on a corner and this property has long been a commercial space so we just want

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to bring it back to that that use as you can see again another large window two large windows

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on the side of the property which were used for commercial use here are some interior photos

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of the first floor and of course the second floor give me one second while i

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pull out a little bit for you

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we also did in fact meet with the community

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we uh here's a two-page letter uh notification that went out not only inviting folks to the

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september 18th um meeting with the community uh rco but also inviting them to the um

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to the zoning board hearing today we have a copy of our deed we actually had two meetings

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147 is the number of households that were mailed and as i've already shown you uh we do have

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uh letters of support for the appeal uh from the immediate neighbors uh because this property has

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a history of first floor commercial because it sits on a corner and is uh you know that

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That's where the commercial space typically is in a residential area.

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We respectfully request the granting of the variants.

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With that, I'm asking Jessica Yun-Li to raise her virtual hand so I can get her on the record.

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She's been allowed to speak.

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Could you state your name, please, and spell it for the choristenographer?

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my name is jessica young lee j-e-s-s-i-c-a-y-u-n-l-i right do you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do proceed counsel thank you ms lee did

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you hear my presentation to the board this this evening yes i did and is it true and accurate to

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the best of your knowledge yes and you adopt it as your own testimony yes thank you mr chair i

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have nothing else questions from the board no questions or comments from our attorney hillary

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emerson um yes mr chair two quick things um one mr anastasio if you could forward the petition

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um that would be great we hadn't received that previously very well yeah it came in came in late

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So I'll be happy to do that so we can submit it into the record.

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All right. Thank you.

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And my other question is, are you aware of any vote that took place for at either of the RCO meetings in regards to this project?

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at either of the rco meetings in regards to this project we went to the rco meeting it was an

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We went to the.

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in-person rco meeting uh but we were not notified of any sort of disposition okay thank you yep

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and burn there were two meetings there were yeah there were two mailings uh so i'm assuming that

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there were you know two meetings to go over this okay uh questions or comments from the virtual

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audience? Mr. Chair, I have a hand up from

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a number ending in 0946.

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Hi, could you state your name, please, and spell for the

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court stenographer?

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It is star six to unmute.

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Yes. My name is Karen Monjack, W-A-N-J-E-K.

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Could you spell one more time and try to just get a little more

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sure w my name is karen wanjek w-a-n-j-e-k right do you swear or firm to tell the truth the whole

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truth and nothing but the truth yes are you a neighbor i'm next i live right next door

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okay please proceed no one knocked on my door to sign a petition i went to the first meeting

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i said i said that i've been living here for 32 years this place has never been a business

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downstairs. In 2006, they tried to do a nail salon. Me and my daughter actually went downtown

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to court and fought it. And they looked up the zoning and it hasn't been zoned in over 60 years.

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60 years ago, it was a gas station and it hasn't been zoned since then. And as long as I lived

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there, there's never been a business downstairs. Thank you for your input. We appreciate it.

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is there any anyone else in the virtual audience

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i do not see any further hands at this time

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mr planning commission mr chair before the planning commission

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weighs in i just want to state that if you look physically at the property

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in the front and the facade and the side and the interior on the first floor

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it is obvious that it's not a living space thank you

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planning commission

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this is ron bednar city planning properties a lot of properties and currently indicated for

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residential use on a city plan given its uh physical condition of the site we recommend

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the request of variance be granted mi 2023 002 186 3301 princeton avenue i vote yes

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thomas holloman my vote is yes ishmael shahi my vote is yes thank you

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anastasia could you stay on please yes sir mi2023 002 184 301 to 23 spring garden street

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no RCL letter at this point

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that we have

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there was a meeting held on

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8-7-23

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our vice chair

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has just a few questions

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thank you

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do you agree to waive the reading of the

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refusal and stipulate to his accuracy.

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Yes, sir. Have you emailed

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in all the required documents that are needed

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to proceed with this case five

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days in advance of this hearing? Yes, sir.

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Proceed.

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Thank you. 301-23

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Spring Garden.

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One unit in there that my clients

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would like to put a

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basically

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a tattoo parlor in the existing structure.

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