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Hearing audio

ZBA Hearing - April 15, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 15, 20266h 18m

receive either so um so if you could just put your first i'm sorry if you could just submit

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those materials uh that would be greatly appreciated thank you okay questions from the

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virtual audience yes chair i have a hand up by the name of judith robertson i'm going to allow them to

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speak good morning miss robinson could you please state your name and spell for the stenographer

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yes my name is judith robinson j-u-d-i-t-h-r-o-b-i-n-s-o-n judith robinson representative

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emeritus of the 32nd Ward RCO. Oh, sure. Do you say you're referring to tell the truth,

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the whole truth and nothing but the truth? Yes, I do, sir. Please proceed. So I would like to just

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say that we have every type of housing in our community. And we just want to be clear that

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when we have RCO meetings and the community requests more information or are opposed that

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that is conveyed to the zoning board that's the first thing I want to say secondly I want to say

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Mr. Dawkins although he's very well respected he is not the representative for this particular area

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okay that's the second thing thirdly i would like to say that we have had major issues with this

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particular property in the past with the past owner and we are not i am certainly not holding

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that against a new owner it looks to be a very nice setup and we know there is definitely a need

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to support our young ladies who are aging out of foster care however we requested that we start

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off because this young lady is new the owner is new to this particular residential type setting

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and it would be new to our community on a major street that she start off with three

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youth and then we advise as to how that goes over a period of time it doesn't have to be a

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And then we advise as to how that goes over a period of time.

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It doesn't have to be a long period of time.

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And then we move forward as we have had problems in the past.

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So that's the first thing I would ask, if we could have a proviso to start off with three and then maybe in one or two years move up.

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Secondly, I would request supervision, morning, noon and night.

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How would that be managed?

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Yeah, that's right.

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that's all i thought i sent that over um i showed you that hold on through my slide

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staffing and supervision there will be program director on site program supervisor

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uh youth support workers each shift assigned to each shift to ensure adequate supervision and care

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weekdays monday to friday minimum of two staff per shift we are following pa chapter 3800 and

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it requires the ratio of one to six meaning once one staff every six children we are going to

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push for two two staff for every six children

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you did you have any other issues

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chair i'm not sure what happened but we can move on to the next uh comment or anyone else will know

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yes chair leonard knox will be allowed to speak okay

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leonard knox please unmute yourself

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hello yes mr knox could you please say good morning good morning could you please state

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your name and spell for the stenographer yeah i'm leonard knox l-e-o-n-a-r-d-k-n-o-x

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right do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do are you a neighbor yes i've been in this neighborhood for 70 years lived in the same house

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for 60 down the street from where they're talking about right my concerns are more so like

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something was there before that had nothing to do with you but it concerns me because

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of the way it was run there were men in the house multiple men some of mines wasn't right

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one of them came down the street threatened my four-year-old niece sitting on the steps

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minding her business so i'm concerned when you talk about putting anybody in the house and you

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said the ages of 14 to 18 i look at that as they're already their minds are developed anybody

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from that age to that age these days young people aren't the same as 1 to 13 or whatever but 14 to

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18 they're already developed in their minds as far as i'm concerned and i'm just wondering how

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you say you're going to watch them when they come out how do they get back and forth

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and who's going to be living in the house with them they have their own place in there or they're

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just going to be coming and going as well so this is a structured program this is every i'm sorry

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that you had that experience from the last owner but this is a structure program i would have staff

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24-7 it's a 24-7 staffing house it's not a yes definitely it's going to be house with staff 24-7

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so we're going to have two staff one each shift okay thank you do you have any other comments

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sir mr knox anyone else in the audience no chair i see no more hands at this time

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planning commission thank you chairman and good morning david bector with the city planning

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Commission. Chairman and board members, the comprehensive plan recommends no change to the

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RM1 residential multifamily zoning at this location. The city rezoned this neighborhood in

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2014 in accord with recommendations in the comprehensive plan. The appellant has shown

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that the proposed group living will have no detrimental impacts to the neighborhood beyond

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what might reasonably be expected. The city planning commission recommends that the board

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grant to propose special exception for group living mi 2025 002138 1904 diamond street

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i vote yes with proviso temporary variance that expires 4 16 29. michael johns my vote is yes with

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Michael Johns, my vote is yes, with proviso.

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proviso.

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Sure.

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Cheryl Gaston, my vote is yes, with proviso.

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Okay.

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Tannetta Graham, my vote is yes, with proviso.

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I have one of my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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Thank you.

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Thank you.

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Okay. Number 10. MI 2023-002-271-5243 Oxford Avenue.

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Aledra Manuel Bente.

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Alejandro, last name starting with B, has been promoted to panelists.

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Thank you.

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Good morning, Chair.

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Good morning, Board Members.

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Good morning, Alejandro.

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

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Sure.

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It's Manuel Alejandro Benabe, last name is spelled B-E-N-A-B-E.

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All 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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Yes.

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Oh, my gosh.

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Jeff, this application is for use as a takeout restaurant, whereas the takeout restaurant

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requires special exception in the CMX2 zoning district.

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There's a letter of support from the Frankfurt Advisory Group and a letter of non-opposition

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from Councilmember Lozada.

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Our Vice Chair has a few questions, sir.

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Thank you.

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Good morning.

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have you submitted your documents and exhibits five days in advance of this hearing yes okay

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and the chair read your referral so did you stipulate to the accuracy of the referral

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yes okay thank you you can share your screen and proceed with your case thank you okay screen

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sharing you said about something about a green button i heard you say share here now okay share

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I think what you do is you open your documents.

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Right? Yep. And after the document joke, then you hit the green button that says share.

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Go back to the zoom.

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Go back to the Zoom.

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Okay.

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I'll raise hand, share, share.

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Can you see now?

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Yes.

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I guess you're going to have to open up your documents.

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Here you go.

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Fantastic.

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Okay.

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Start out by saying what you're trying to do.

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All right.

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So we have a CXM, CMX2 that we want to convert it to takeout only from it.

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You can use it as a full service, but here's the takeout layout.

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Why don't you show us a picture of the project first?

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Could you do that?

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And then go to the plant.

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Is that okay?

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Sure.

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So here is the building.

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It's the exterior of the building right now.

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It's mixed use with two apartments upstairs and then this space that's

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downstairs that we're trying to convert um the inside is what this is what the inside looks like

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right now okay that's the inside space and then these are the these are the blueprints that will

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be um what the space is going to look like and this is the this top here is your first floor

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this is your um entrance for the for the customer entrance and then this is your sales counters

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right here and our proposed menu is um smoothies salads and sandwiches and then the end of this is

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the basement level which is already um existing there's an existing bathroom down there and then

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the office will be in the basement one of the freezers dry storage will be on the basement

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and this upper level will be you know the the kitchen areas over here prep area and then your

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service area. Tell me about your RCO experience. I did meet with the RCO that was here. They were

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actually really excited to have Frankfurt area where we're at. Oxford Circle is actually a really

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big food desert. All we have is Chinese takeout and pizza. So the board was very excited to have

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something that's a little bit more fresh, a little bit more, gives some people some more options.

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um so they were really excited and supporting it and you see here the the community zoning

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board voted to approve um the request it was unanimous you'll be using the first floor and

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the basement am i correct correct all right questions from the board what kind of food

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items did you say you would have here it's going to be some is all on smoothies salads sandwiches

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Salads, sandwiches, hand-breaded chicken tenders, we're gearing towards the menu concept is more of a fresh concept to give people an option that want to eat fresh and not just like, you know, like McDonald's or checkers or fast food.

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hand-breaded chicken tenders we're we're

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So, and that's the menu concept.

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So, my question is more, okay, are you going to have any kind of cooking that would require venting?

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Yes, that's on here as well. The plans for that as well as here. There is the exhaust on here for the building itself. And that's all in part of the plans as well.

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Okay, so you're going to be venting through the roof.

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Correct.

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Okay. All right. Thank you.

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Any questions?

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And what are your hours of operation?

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The hours are going to be from 10 to 7 p.m. 10 a.m. till 7 p.m. or 8 just depending on

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every day say it again every day um except for Monday or Sunday we haven't decided which day

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we just want to keep one day closed just to kind of um you know get yourself together and be able

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to just you know breathe for a second okay thank you questions from our attorney

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not at this time mr chair questions or comments from the audience

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i see no hands at this time we have something right here in the audience

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could you yep could you sir could you please state your name and spell for the stenographer

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good morning chairman bergman and zba board my name is sloan folks i'm from the office of

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councilmember ketzy lazano representing that office room 44 city hall you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth, Mr. Folks.

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I do so, thank you.

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Please proceed.

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Our office has sent a letter of non-opposition to the ZBA,

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but the council member also wanted us to verbalize on the record

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that we support this project primarily because the applicant

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has been a consistent member of the community.

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The project has been planned for a number of years.

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um it has um garnered on uh not just the rco the local rco support brother rco support who

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has submitted a letter who have not submitted a letter and i can't speak for them today

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unfortunately but you did want to uh have that verbalized on the record so thank you for the

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opportunity mr folks thanks for coming down we appreciate it uh anyone else in the audience

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

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commission chairman and board members the comprehensive plan recommends no change

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

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2014 in accord with recommendations in the comprehensive plan the appellant has shown

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the proposed takeout restaurant will have no detrimental impacts to the neighborhood beyond

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what might reasonably be expected the city planning commission recommends that the board grant a

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proposed special exception for a takeout restaurant thank you mi 2025 002 271 5243 oxford avenue i vote

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yes with proviso first floor and basement only michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso tennetta graham my vote is yes with proviso

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ryan mcadams my vote is yes with proviso tywin my vote is yes with proviso thank you thank you

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thank you chair number eleven twenty twenty five zero zero five eight five five twenty one thirty

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six north twenty seven street um Shadiah McIntosh listed owner and chair I'll recuse myself from

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this case sure sure good morning council we have a legal representation

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here we go uh good morning uh members of the board my name is demetrius parish to my right

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is my client shahida mcintosh she is the principal of gemstone uh homes could you please um state

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your name again and spell for the sonographer sure uh demetrius d-e-m-e-t-r-i-u-s p-a-r-r-i-s-h

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you swear or affirm to tell the truth the whole truth nothing but the truth yes um

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our board secretary has a few questions for you sure uh good morning council it's very good to

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Good morning, counsel. Very good to see you again. It's been a while. Have you submitted the documents and exhibits for this case five days in advance of this hearing?

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see you again. To see you as well.

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Ms. McIntosh has.

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Okay. And do you waive the reading of the referral and stipulate to its accuracy?

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Yes.

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Thank you. You can proceed now with your presentation.

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It's also a letter from Council Member Young, non-opposition, and also there's something to hear from the RCO.

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Right.

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Ms. McIntosh is here today regarding the property on 27th Street.

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It's Zone RSA 5, and she is attempting to open a group home,

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so she is requesting special permission for a group living at that location.

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She has provided exhibits of the property and she had a very successful RCO meeting with the community. It was a 10-0 vote. And as you mentioned, the council person is in favor of the location. She can answer any questions.

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Why don't we do this? Why don't you start sharing your screen so we can see.

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Okay, so I didn't get the link to that. That was, I was trying to figure that out. Okay. Yeah. Cause you should have, if you, you go on the, the, the CBA site and register.

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