civus
Hearing audio

ZBA Hearing - March 25, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 25, 20266h 18m

submitted by the client. Actually, we reorganized. For some reason, the sharing stopped. Let me try

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again. Can the board see my presentation on their screen? Yes. Yep, we can see it. Great. Thank you.

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Yep, and we do have your documents, and we also have a letter of unanimous non-opposition

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from Lower Moyamines and Civic Association and a letter of non-opposition from Councilmember

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Squilla. Thank you. Good morning. This is an application for use at 2654 South Elder Street

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as a sit-down restaurant in an attached structure. This restaurant actually has a history as a bar

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going back 30, 40 years. This property has been used as such as a bar restaurant for all that

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time the cmx1 zoning doesn't permit the new concept which is less of a bar more of a actual

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restaurant service they're moving from just a bar to like a sushi sushi bar restaurant where there's

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going to be sushi sit-down service although when you see from the plan the space itself really

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isn't going to have substantial change as far as the kitchen location and other things the

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the owners met with the rco and obtained their support everybody knows the history of the

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property being a restaurant bar all these years so this is a consistent use to what's always been

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there so there are no new concerns that would be raised based on the change of use this is the

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posting this is cookies tavern which is the current operation name and it's going to be

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changed to a new operator who's going to operate it's a japanese restaurant and bar the interior

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as you can see does include a bar section bench seats and kitchen bathroom and storage so the

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actual uh building has two floors all of the building basement first floor second floor is

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all part of the tavern and will remain part of the commercial use uh the second floor is actually

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accessed from the stairwell outside and it's only used for storage and uh when needed office space

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for the uh business the basement is only accessed through belco doors uh located on the side of the

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building, and that's only for storage as well. All the main operations are going to be on the

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first floor, including the kitchen, the bar area, which will remain, the seating area,

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which will remain, and the storage that already is within the space. So in order to manage trash,

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the owner actually proposes to have the commercial pickup increase to three times a week

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from its current uh two times a week uh the as far as the operation itself hours of operation

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and the number of workers uh they anticipate regular restaurant hours uh from 11 to about 10

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and with the bar service probably longer on the weekend uh the they're anticipated to be

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three to five workers within the space between the bar the kitchen and service itself so again

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this is a continued use of the space with a slight different concept it is still essentially going to

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be a restaurant bar with more focus on the restaurant side of sushi food rather than

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more focus on the alcohol side of the bar itself so that is basically what we're seeking before

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the board because it's zoned cmx1 it is not permitted to be a sit-down restaurant however

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uh it is not permitted to be a sit-down restaurant however we believe given the history of the use of

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we believe given the history of

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the property and the neighborhood's understanding of the use and its its acceptance of its use

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throughout the years uh we believe that this would not cause um hardship to the community

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once it is converted to a restaurant sit-down restaurant permit at this location um i believe

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my client is here to verify my testimony okay you can bring him on sure i'm going to stop sharing

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for a second uh salvatore can you raise your hand virtually on zoom to be identified

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hi good morning can you state your name is phillip for the record it's salvatore

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denubale that's s-a-l-v-a t as in tom o-r-e last name is denubale it's d as in delta i n as in

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nancy u b as in bravo i-l-e okay and do you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do okay counsel thank you uh salvator did you see my presentation on your

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screen and hear my testimony before the zoning board yes uh can you verify what i have represented

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be true and correct and adopt it as your own testimony i do thank you okay thank you questions

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from the board yes the floor plan that you showed is that an existing condition or is this what is

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proposed new construction uh this is an existing condition okay um i guess the question i have is i

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i think the try to convert the you know mostly bar to a sushi bar seems like a really smart

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conversion i think there's not a lot of things that you can convert bars to and is any additional

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construction going to be needed to sort of make it uh more available as a as a rest as a full

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service restaurant um i believe the kitchen before served food and the sushi preparation and sushi

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hot dish preparation even for the japanese restaurant doesn't require any change to the

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existing kitchen so no there won't be any construction uh needed to start the operation

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itself okay and then what's the plan for trash storage uh so there's a storage unit on the i

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mean a storage space on the plan yeah well that's not for trash itself um the basement's accessible

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from outside to velcro doors for some of the trash and they also have an exterior stairwell that leads

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to a second floor which has storage as well so trash normally wouldn't be left outside

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they will have trash cans outside while it's open to make sure you know if people eat they're not

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just going to walk down the street but those cans will be taken in at the end of the day

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and again we're going to try to have pick up three times a week to avoid gathering up trash

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and this is dine-in and takeout it's a primarily going to be dine-in but accessory takeout would

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be part of the restaurants. If somebody finishes or do not finish their food and want to take it

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out, that would be how it would work. It's not primarily going to be takeout. So it's not going

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to be primarily like Uber Eats or Grubhub door rash. Okay. No. I don't think I have any additional

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questions. I don't know that much about what you have to have in terms of kitchen equipment

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for sushi so are we talking more refrigeration are we talking prep area what what so so the

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the uh the refrigeration that's there there's there are refrigerators in the space that would

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hold the uh meat and sushi uh because it's sushi it's actually delivered pretty often so that it

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you know you can't really hold it for many days the only cooking that'll be done will be for

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example, teriyaki dishes, that heating of the food there, those are cooked. Tempura would be on the

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fryers, but that would be really, most of the dishes, sushi are always cold, but most of the

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dishes that are hot would be tempura, teriyaki, those kind of dishes. Okay, thank you. Thank you.

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Questions from my attorney? No questions. I just want to note that we didn't receive the floor

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plan that you showed so if you could forward that to us for the record that would be great

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thank you oh sure i i thought it was actually submitted through the portal yesterday morning

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so i um i will definitely email that yeah i just checked we had everything else that you showed

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but we didn't have that so just if you send that that'd be great thank you absolutely questions

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from our virtual audience i see no hands at this time chair planning commission thank you chair

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and good afternoon david fechter with the city planning commission chair and board members the

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chair and board members the comprehensive plan recommends no change to the cmx1 commercial

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comprehensive plan recommends no change to the CMX-1.

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mixed use zoning at this location the city rezoned this neighborhood in 1996 and a council supported

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map change this property has a documented history as an eating and drinking eating and drinking

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establishment the city planning commission recommends that the board grant the proposed

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news variants for a sit-down restaurant thank you mi2025004243 2654 south alder street my vote is

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yes michael johns my vote is yes cheryl gaston my vote is yes hi mcadams my vote is yes hi i win my

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vote is yes okay thank you thank you um is there any other uh cases on the 9 30 list that have not

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been heard or called. I see no hands at this time too. Okay, thank you. See everybody at two.

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Thank you.

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good afternoon my name is Tanetta Graham and I will be chairing this meeting of the Philadelphia

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Zoning Board of Adjustments with me today is board secretary Cheryl L. Gaston present madam

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chairman board member Michael Johns present madam chair oh you're getting at board member

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Tyra Wynn present madam chairman and board member Ryan McAdams present madam chair also present

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are board attorney hillary emerson zoning board director ian hegarty and board administrator

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lakeisha dandy a record a recording 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 are called to speak you must state and spell your name and then

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wait to be sworn in once you've been sworn in please state your name each time before beginning

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your testimony any person may enter their appearance to become an interested party to a case

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there are three ways to enter your appearance you can identify the case property address on your

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

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by the close of business day 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 case the following guidance is for

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our remote attendees first when directed by the chair you must raise your virtual hand in order

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to be recognized to speak second if you are called to testify you will be prompted to join as a

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panelist please accept the request and turn on your camera third the webinar and q a is for

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questions about the hearing do not comment on cases in the q a fourth if you are participating

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by phone press star nine to raise your hand and star six 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 record you must speak directly into the microphone

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in order to be heard by all attendees and the court reporter in the event of emergency please follow the directions given over the public address system, or by staff.

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The main exit is through the double doors at the rear of the room.

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The nearest stairwell is to the left outside the doors.

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In case of an evacuation, the rally point is that love park directly across arch street.

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Please remain there so we can account for you.

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Okay, we're going to look at our afternoon hearing list.

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Okay. Case number three, MI-2025-007117, 1650 to 60 Van Dyke Street.

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This case has been continued to 6, 10, 20, 26 at 2 p.m.

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Okay. And then we have one case with no exhibits, our first listing here.

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um mi4 i mean no i'm doing number four now mi2025007187118 let me do that again mi202500

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7-1-1-8. Let me do that again. MI-2025-007118, 4634 North Front Street. Yolanda Deleez-Zarario

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is a listed owner applicant. This is a no exhibits first listing. Is Yolanda here?

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Good afternoon, Madam Chair, this is Doreen, we'll be at the house this afternoon, Yolanda

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Watson.

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Hi, can you hear me?

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Okay, this is Yolanda?

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Yes.

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Okay, could you state, wait a minute, could you state your name and spell it for the record?

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Yolanda Deliz Arroyo. Y-O-L-A-N-D-A-D-E-L-I-Z hyphen A-R-R-O-Y-O.

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Okay. And 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 we have no exhibits um for this case you want to tell us uh what how you'd like to proceed

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i uploaded the exhibits uh yesterday i do have a presentation

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okay i believe yesterday is not enough time um their attorney addressed that yes um so i'm sorry

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miss odoreo um we did not receive the exhibits are due five days in advance of this hearing so

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that we can review that they are complete and we did not receive them so unfortunately we will need

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to continue this matter I understand I requested a continuance last week an email was sent to me

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on Monday stating that I can still present and we can continue based on the missing clearances

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because that's in the email I stated I didn't get the tax certificate clearances so I requested

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for it to be continued but I was told in an email that I can still present and with the

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contingence that the tax clearance will be submitted later. I don't know that we've received

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any of the documents. My notes indicate no exhibits at all not that we're missing just a

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couple things so unfortunately we're not going to be able to hear this at all today

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so okay we will we will reschedule it and the chair will give you the new date thank you all

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right thank you so mi20250071184634 north front street this case is continued to 6 10 20 26 at 2

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p.m um are there any other requests for continuances

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good afternoon you want to state your name and spell it for the record

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stephanie magania stephanie s-t-e-p-h-a-n-i-e last name is magania m-a-g-a-g-n-a okay and do

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

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What case are you here for? I'm here for case number one, MI-2025-004-371, 8226 Germantown Avenue.

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We submitted a request for a continuance via email yesterday that comes amongst others that

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were submitted for this case. So I represent the owner and the applicant for this case.

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We have been working on obtaining support from our near neighbors for several years now that's

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culminated and we are very close to finalizing a development agreement with our one of our budding

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neighbors and that will come with other letters to support that have been promised from other

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near neighbors kind of contingent on that agreement. We are very close but we're not

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there yet. That neighbor Bowman Properties is represented by Ballard Sparr. We have been in

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touch with them. We understand that they're supportive of this request and we've also been

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in touch with Chestnut Hill Community Association. They are the coordinating RCO. Their board actually

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votes on this case tomorrow so we don't have their official vote as of today they are also

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generally supportive of our request for a continuance so that they can vote and we are

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also formally aware of their contingencies to the extent they have any conditions on their vote

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they did ask for a traffic study as one of those at their preliminary meeting we're in the process

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of working on that but that is going to take us several weeks so for that we think the record

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today is incomplete as a separate matter we have another next door neighbor um mr peter fox who's

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also represented by mr demarco he has submitted a request for continuance based on questions he

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has concerning an easement here while we disagree with his position on that matter

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position on that matter, we're supportive of his request for the continuance and will be looking to work out an amicable solution with him.

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we're supportive of his request for the continuance and will be

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Mr. Len Reuter on behalf of the city, because of Mr. DeMarco's concerns, I believe, was also looking at this.

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I understand he's not here today, but he expressed to us his intention to request a continuance of this matter if he was here or if it was going to move forward.

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So he's aware of this as well. So for all of those reasons, we would like to request an additional continuance.

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um notwithstanding where we stand with with neighbors we feel very confident we're going to

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have many letters of support at this point but we'll be fully ready to proceed when the board

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reschedules this case okay thank you um Hillary you have anything to add to that no no I've I've

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been in touch with Mr Reuter as well and understand he's uh because there was a request um from uh

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Mr DeMarco um on behalf of his clients about the refusal um and so that that's why Leonard got

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involved is to to review that um with that concern about the refusal so but yes he's not he's unable

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to be here today but he is looking into this matter so hopefully we'll have everything worked

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out by the next day yes okay all right thank you mi20250043718226 germantown avenue this case is

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continued to 6 10 20 26 at 2 p.m. any other requests for continuances thank

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you counsel is this Doreen trying to speak yes you can't hear me yes we can

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hear you clear now do you have any other yes yes I have a hand up by Richard

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demarco and i will promote richard demarco is coming in now

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mr demarco sorry my my computer takes forever to join forgive me okay could you just state your

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name and spell it for the record? Sure, Richard DeMarco, last name D-E-M-A-R-C-O. And do you swear

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or affirm to tell the truth, the whole truth, and nothing but the truth? Yes. Okay, so Counsel

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Stephanie Box just requested a continuous. She said you were in agreement. I guess this is why

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you came on. So the case has been continued to 6-10-2026 at 2 p.m. Yeah, I appreciate that. I

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just would ask to be copied on these requests. I was unaware that the applicant was requesting

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a continuance, so I had to fully prepare for today. I would ask all the parties to please

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copy me on that. I'm definitely agreeing with the continuance, and I'm glad to hear from Hillary

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that Len is involved. I'm just finding that out right now, so please include me on your emails.

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I am representing a very interested party in this case, so going forward, let's have full disclosure to everybody, please, and thank you.

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We have some affirmations here.

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We have some nods of an agreement.

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Okay.

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I appreciate that.

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