civus
Hearing video

ZBA Hearing - September 2, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20267h 50m

board what i think you know i'll just defer the board what they think is enforceable security

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cameras will be installed and maintained on the subject premises or property and the applicant

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will obtain all required governmental approvals uh and a co prior to occupancy and operation of

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the proposed use that's that's an important right yes um so is it out of character to have

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cmx2 properties with just a non-commercial component yeah and there's 15 examples including

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our example. And then I just add pictures as well, just so the board can see. And then

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maps to the area. While this is a row of CMX2 properties, as you can see, it's really out

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of character to have, you know, commercial, at least in the mid parts of the blocks. And

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the photographs of our property, you can see there's two doors here, right? So that does

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not look like a commercial uh property or a cmx2 property and it's been like that since 2007

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and then we have our orange nose poster on both doors i mean only needed one but you know we did

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that 60th street to the right of the property to the left of the property or interior photos so

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my client hired someone they did all this work with permits but as single family use he had no

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idea that they weren't doing this as a duplex so it's always been configured this way this is just

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of he gutted the place out got permits for it i'm having a little problems with that atlas this

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morning but i did see a slew of permits that were issued after my client purchased the property

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in january 2023 i was having problems like looking at each permit so i did look and see there was a

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list of permits so did very good work we would also agree to proviso uh no basement living as well

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and then you can see the washer dryer is an example that's for unit number two it's

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located just outside the bathroom unit number one it's in the lower level

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and pretty uh simple floor plans here you come in to the right you have well you go you go here

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this is the right door you come in it's it's basically a living room dining room and kitchen

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area there's a mini flight steps uh there is you know bedroom number one bathroom bedroom number

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two you go down uh there is this is where the washer and dryer is is there open floor plan here

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uh there is this is where the washer and dryer is it's an open floor plan here just many steps in

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just mini steps

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in the middle of it there are belco doors in the front so in case of emergency but no one plans

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to like actually live down there uh instead of unit number one you come up to unit number two

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living room dining room kitchen this is the picture where the washer and dryer is that was

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where i previously showed i can always go back to it this is the bathroom and then there's three

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bedrooms here meeting notice we met with the community on august 11th at 6 p.m this is our

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email showing you know that we emailed the notice to them showing that it was mailed

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to 125 addresses these are the addresses we mailed it to proof of mailing to those

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addresses our deed to the property showing the corporate entity owns the property

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um and on the certificate of tax clearance um of course i can always share my screen you know if

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you need to see any exhibits further i would just so could you please state and spell your name for

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this stenographer yes my name is adolph bellamy a-b-o-l-p-h-b-e-l-l-a-m-y 20 want to do that

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one more time you can pull it right towards you right can you hear me now yeah that's right that

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That's definitely much better.

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My name is Adolph Bellamy, A-D-O-L-P-H, B-E-L-L-A-M-Y.

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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, sir.

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Counsel?

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Mr. Bellamy, you heard everything I had to state today about your zoning matter.

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Yes, sir.

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Including the agreement to a proviso, no living in the basement.

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Yes, sir.

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And is everything I stated true and correct?

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Yes, sir.

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And do you adopt it as your own testimony?

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Yes, sir.

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Thank you.

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Questions from the board trash. Oh, just asking about trash. How are you dealing with the trash?

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Oh, sorry about that. You said stored inside. Yeah, it's stored inside story. Okay, stored inside as a provider.

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Okay, I think I had 2 questions. I think 1 since we're already on trash. I didn't see.

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uh vinted closets even though you said you were starting let me let me see where they

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yeah let me take a look at it let me take a look i did miss i did not present that

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specifically let me just make sure it was not intentional um it wasn't we know it wasn't

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intentional no i know i was like i usually i go through all the you know stuff that i

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know you guys are going to ask and i was so let me see where it is oh right here

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right here so i mean that says it doesn't say it's a vented slash closet nor does it show that

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it's vented well understanding that's no and and that was something that was asked of us and that

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was added to the plans which we're going to have to do but that's exactly where we that's the plan

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yeah that's the plan then where is it for unit one oh they have rear access yeah but the so the

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The reason I ask is because the RCOs had asked for a proviso that all trash be stored inside.

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And so we have the whole basement.

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Okay.

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We have the whole basement.

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Okay.

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So, but only the first floor has access to the basement, right?

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That's right.

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And then the second floor, it's board member Johns.

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It's right here.

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Okay.

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But you have to, so the rear yard is only accessible through that bedroom, right?

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On the first floor unit.

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I believe so.

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Is that right?

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mrs. Bellamy oh yeah you can oh yes sir and I think my second question is really just around

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your main refusal is what drove the decision to make a residential unit instead of keeping it as

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a storefront it does look like there's a mix on the block but there are certainly a lot of mid

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block commercial spaces with the same facade well if you look if you look at the picture that we

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have of the property in, you know, uh, in 2007 and recently, it's always just been two front

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doors there. It looks like nothing commercial. Let me just stop showing my screen, get to that

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specific picture. Hold on a second. All right. Let's see.

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Let me get to the picture with that.

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And it's definitely out of character.

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It is in character, excuse me.

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But there are many instances.

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We had a whole list of examples that we gave.

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But let me just show this.

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It was out of character.

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I just said that there are many similarly facaded pictures on that block that have commercial units.

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No, I didn't mean to come off that way.

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but here's the property in in 2007 right so two front doors that would look nothing commercial

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uh this is what it looks like since um or now currently and then there are you know i think

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And then there are, you know, I think it's in these.

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it's in these yeah

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Yeah.

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So we've seen the, if you look at 613 through 23,

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none of these are commercial in nature.

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610.

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None of those are commercial?

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And you guys verified that?

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Yeah, we did.

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Five of them.

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I mean, they all.

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I mean, so my team, like we, yeah, my team,

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like we move this down, you know, I do have them check.

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like you know if there's anything active from a commercial standpoint and according to and I know

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this is going to move this thing down but like there are like oh there it goes you can see

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there are like 14 other instances at least according to our review of the public records

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okay I'm relying on my team but like all the questions so so you haven't seen like any demand

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for commercial in that area first commercial space in that area for a minute um no ma'am

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not to my knowledge

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questions from our attorney

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I just wanted to clarify

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the letter that you're referring to is what you read

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into the record we have that

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I know but I promised to them

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specifically I would read it

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into the record

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I just wanted to make sure that's the second letter

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you're talking about

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no there's a third letter

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which is from them

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they wanted me to send a letter

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confirming that I would read into the record

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those four conditions upon receipt of that letter they sent their own letter which is dated september

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1st which is from that west philadelphia i didn't see you present that oh i can do that one more

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time just so that if you if not then we have to make sure it's just made part of the record that's

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the only yeah and we did include we i think we updated it once we got the the uh letter this is

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the letter i'm talking about but once we got the letter i did update our presentation materials i

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got at four o'clock yesterday okay but it's in your presentation yeah okay great thank you

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questions or comments from the virtual audience

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yes chair there's a hand up by the name of ronald waters i'm going to allow them to speak okay

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good morning sheriff good morning mr chairman can you hear me could you yeah i can could you

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please state and spell your name for this stenographer my name is ronald waters ronald

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waters w-a-t-e-r-s i am the firm okay go ahead i'm sorry you swear or affirm to tell the truth

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the whole truth nothing but the truth yes i do proceed mr waters thank you mr chairman and thank

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you to all the um board members for the cbcba uh we did hold a um a meeting a community meeting on

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on the date stated, the 11th, and we had a chance to talk to both the client as well

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as his attorney.

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The only other provisor that we asked for was because the LLC and the client was going

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to live in New York, they would have a local management team that would oversee and to

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make sure that the tenants and the agreements that were made with this approval by our RCO

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will be maintained. So I just wanted to state that for the record.

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Yeah. Gordon, I think the attorney wants to respond.

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Yeah, I think maybe it wasn't, you know, well written, but like it says the subject property

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be professionally maintained or managed and then in philadelphia if you have a rental property you

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have to have a local presence it's a requirement now in philadelphia okay mr wood thanks for taking

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the time to cause we appreciate it thank you too chairman okay um anyone else in the audience

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no further hands at this time chair planning commission good afternoon liz fuselay on behalf

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of this philadelphia city planning commission the comprehensive plan recommends a change in zoning

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at this location from cmx to commercial mixed use to rm1 residential multifamily this part of

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the neighborhood still carries its original 1933 zoning this might once have been a commercial

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corridor but most of the ground floors have been converted to residential use the proposed

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elimination of a commercial ground floor matches the character of the buildings on this block face

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

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variants for not including a commercial ground floor mi 2025 007 340 621 south 60 street i vote

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yes with proviso trash stored inside um no basement living uh michael johns my vote is yes with

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Provisors. Cheryl Gaston, my vote is yes, with Provisors. Taneta Graham, my vote is yes, with Provisors.

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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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Pia Nguyen, my vote is yes, with provisos.

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Layla Beebe, my vote is yes, with provisos.

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Thank you very much.

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You'll be back this afternoon?

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I will.

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All right.

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Have a great day.

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Number 15, MI2026001391, 4222 Salem Street.

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Nixon Canna is the attorney.

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they're being promoted to panelists thank you

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mr chairman if you want me to ask some questions when you first you want to ask questions

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yeah okay as soon as he gets here i see the document issue

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good afternoon mr chairman good afternoon well it's it's our morning still i mean we haven't

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progressed to the afternoon yet so we're we're staying still on a morning list could you please

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state and spell your name for the stenographer yes mr jimmy um nixon connor n-i-x-o-n connor k-a-n-n-a-h

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you swear or affirm to tell the truth the whole truth nothing but the truth yes all right so

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council um we have a few questions about some documents council our our council wants to have

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a little quick conversation with you how's that yes yes hi um it looks like we're missing your

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proof of posting um do you have any documentation to support your proof of posting yes i do

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can you please share that yes thank you

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so you have it with you in the in the in the right yes i'm surprised it wasn't uploaded but

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i believe it's part of my package yes sure so it may have been too far away to actually view so

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sometimes those pictures are kind of hard to view so as you're as you're looking just a little note

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the frankfurt uh rco has sent us a letter of opposition to your project yes um mr chairman

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i believe only one person objected to it or one person voted against it um it's not really a

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project um we're basically trying to legalize a use that has been at this location for would you

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keep you if if you're going to show your presentation the proof of posting that's fine

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okay why not why don't i move to our vice chair and she'll ask you a few questions

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good afternoon have you submitted your documents and exhibits five days in advance of this hearing

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yes we have okay and do you waive the reading of your refusal and stipulate to its accuracy

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yes all right all right thank you can share your screen to begin okay and you're going to have that

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proof of posting and to share it right yes okay and also i know that we're um missing the tax

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compliance on this unless he has it so we're going to have you hold it have you used your tax

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compliance well um the tax compliance um mr chair i would advise that i guess you hold on your

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decision until we get there the taxes are on appeal as of right now so i believe um so we'll

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