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Hearing video

ZBA Hearing - September 2, 2026

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

hold right we're gonna have to hold this while we get to the end correct so my my client i believe

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what i sent was the notice of appeal with the tax board okay okay okay um so my client my client has

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422

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Sillam. Now, the first thing

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I want to show the boys

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the history of this property

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since

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we don't see anything yet

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so could you bring the documents up

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all right?

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Good.

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It's coming up, sir.

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Okay.

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So why don't you start

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with the history of the place

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and that'll be helpful.

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On the city website, which shows right here, this is this.

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It shows right here, this property was built in 1931.

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And since 1931, it has been used as an auto service shop.

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I think the issue we're having here is the address of the property is on 422 Salem Street.

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My clients all his business is actually conducted through Frankfurt, and the issue that the committee have with.

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Let me just show you another exhibit.

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okay this is this is Salem Street right these are garages on Salem Street these are there are one

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two three garages on Salem Street my client's property is 420 4222 so he's about two buildings

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down i'm going to show you another another uh photograph

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this is my client's property right here okay so it goes through the next block

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correct it goes it goes through the next block but the city has this address here

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correct the city have this address and this is the proof of posting up here

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Yep. Okay. I'm going to have another photograph where the gate is down. This is, we posted this notice. So what we proposed was that we could just use this door as an emergency exit, and none of the customers would come through on Salem Street.

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our clients our customers come through on frankfurt this is this is the three garages are

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correct the three garages on frankfurt so when we went to the meeting we proposed that

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we we will keep we will keep selling street but it's not going to be for traffic everyone's going

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to come through frankfurt we have amber parking on frankfurt um and that's how it has been done

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for years my clients purchased this property about two years ago purchased it as a garage

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this is the interior of it this right here is the is the door on Salem street and again we

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could just use this door as for emergency purposes everyone's going to come in on on

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Frankfort street and and we continue the use I believe something interesting that came up

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during the meeting was that I believe that one person who voted for it had an objection because

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a relative was basically parked right here directly in front of my client's entranceway

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and that vehicle was towed. So it wasn't that his customer was parking. Legally, this is his space

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and it shouldn't be any parking there. So the fact that I'm not sure if that's the one individual

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who voted against it but that was a major issue and we understand we understand that and our

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proposal was we would not we would direct our customers onto frankfurt of course we can't

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close this permanently but it's going to be there for emergency purposes only so we had to post it

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on cello and we also posted on um on frankfurt on one of the one of the three gates so this is

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This is the second notice, and this is all on the Frankfurt side of the property.

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Let me just see.

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So the community opposition again is, I believe it was only one vote against this.

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This property has been same use since since the 1930s.

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My client purchased it with a tenant that was actually operating his business at the time of purchase, but the cease and assist letter was actually, this is the cease and assist letter that was put on the Frankfurt side of the building, telling our tenant at the time to basically cease operation, and operation has been ceased for about going under two years.

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while we try to get this matter resolved with the zoning board.

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I also attached the deed. The property is owned by...

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Give me a minute.

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The property is currently owned by my client, Empire Properties Group LLC, appearing with

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me this morning or this afternoon is the principal owner of the LLC, Hamza Basharat, who is president

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my zone and i'd like to bring them in to adapt my my presentation if there's any questions

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they're being promoted to panelists okay

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

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good morning chairman and board members hi just state your name and then spell it for the

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stenographer okay my name is Hamza Basharat and it's H-A-M-Z-A last name is B-I-S-H-A-R-A-T

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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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yes I do counsel uh thank you Mr. Chair Mr. Basara uh good morning

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did you have a presentation i just made in front of the board i did okay and um was everything

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accurate correct yes and we we adapted as your own testimony and presentation i do okay any

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questions so uh before we get to the question so this place has been a garage since the 1930s you

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said yes he purchased it two years ago purchased it two years ago with a tenant who was actually

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operating a garage there uh so i'm not sure there's the area has a lot of garages so i'm

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not sure one of the competitors or somebody right okay because it's been a garage all these years

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okay i got it okay questions from the board yes i have a few questions so one um council you just

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stated that the building goes all the way through to frankfurt and that is not true based on the

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legal meats and browns of the property. It looks like there are two different garage structures

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with two different legal addresses, one fronting Frankfurt and one fronting Salem Street. They

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just both happen to be owned by your client. He also appears to own another complex that is next

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door that has where all the cars are parked. So I think my first question is, is it the same tenant

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operating out of all three of those properties or are there different tenants no they went

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the different tenant um and like i said the the tenant the tenant had to basically

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leave because this this this process is taking us about a year so as of right now

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the property is vacant all all three properties are just 424 4222 salem street 4222 salem street

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is vacant. Okay. So in your testimony, you stated that the operator would use the Frankford Avenue

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entrance, but there is no Frankford Avenue entrance on the Salem Street property. The only

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access is the garage door on Salem Street. So I just want to understand the connection between

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4222 Salem Street and the Frankford fronting property because they're not, legally, they're not

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related there there is an entrance on on frankfurt let me just show you this photograph

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can i know the photograph you're showing me i'm looking literally at the like legal

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bounds of the property and those are two distinct properties according to opa

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our entrance would be through uh our other building which is owned by our corporation as

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well correct it's a different building so how is 4222 salem street going to be connected to the

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other building like how are they related because currently they meet at a property line in the

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middle of the block where there's no street frontage well there's no street frontage but

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when somebody comes in through frankfurt on the parking lot they have access to come into salem

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street through the three bay doors a car a car can get from frankfurt street into the salem street

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property from frankfurt street right through the parking lot of uh 42 29 frankfurt 229 works i'm

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trying to understand how that relates to this very completely different space because it should have

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its own walls and its only entrance should be on salem street legally so how like with a wall

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breached how right how did you how are they connected how are their properties connected you

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How are they connected? How are their properties connected? You have photos of the inside.

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have photos of

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My complicated question to Lynn, our attorney, would be then should this be something different like law consolidation or unity of use?

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Why don't we let them answer first?

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Can I have the ability to share my screen again, please?

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Sure, you can.

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Okay.

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So, this is on Frankfurt.

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Right.

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Correct.

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This is the cease and desist letter for 422 that they put on the door.

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i understand that i'm just trying to ask you because that that that you are showing me is

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4229 to 39 frankfort street which is a completely different legal address okay

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show us how we go through so

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um can i share my screen

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give me a minute give me a minute let me just show commissioners something else

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you know let me let me stop sharing till I pull it up

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keep sharing other clients file

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Thank you.

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I see this one misrepresent.

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Council, why don't we do this? Why don't you ask your client is, can you just drive right through? Like, like we had the impression.

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okay um because we had the impression when you presented that you could come in one way and go

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out the other I mean that's that's what it sounded like is that the case correct so the case

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Mr. Pissar can can you see my screen physically you can legally you cannot the easement and the

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driveway that you would drive on to get to the garage door is legally a different property

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which means at any point all of these places had separate tenants with no easement in place there

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be no way to get cars into 4222 Salem Street except through Salem Street so purporting that

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it's only going to be used as a back door is not true unless there's some sort of legal agreement

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between the three properties that they're going to share the garage it's only owned by one I mean

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driveway and then i believe my client my client owns my client owned it from both from the

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frankfurt and and um i understand that your client owns them all but they are legally separate so

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that they still need to have the legal agreements that allow this to happen because like you said

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your client bought it two years ago and they are all separate addresses they could have different

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leaseholders like that they cannot share the one property without a connection or legally and the

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other thing is and maybe this is this ties in with it there's no address listed on this garage door

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here there you see the address for the next door garage but you don't have an address on this and

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um that's a problem for a number of reasons but um i i i've dealt with this the fire department

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goes nuts when there's no um address on a property like that if something were to happen

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where are they supposed to go to there there there's a big door there there's no address

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so you can't you can't you can't do this and usually too if as you are initially represented

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As you are initially represented, there's some connection and then what is property goes through from Salem to Frankfurt. Usually the it's in the deed and the paperwork for this for Ellen, I would say 4222 Frankfurt, also known as the other address.

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there's so many

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and maybe that's on there, but I don't think it is.

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So, Lynn, we're running out of time here.

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I think we're going to have to do a resumption on this one

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because it's too much competing on that.

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Why don't we be clear?

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If we do a resumption, what is it that we want him to come back?

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And you can also add in to anything I say.

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I think we need to have clarification on what is the legal property

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that you're trying to get the variants on,

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and I know there's an issue with regard to Frankfurt.

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is that part of the property on Salem itself I know that you indicated that there's maybe you

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enter it a different way you're going to have to provide that somehow that's connected to this

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property that you're asking for the variance on not just that you own all three properties it has

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to be connected to this property and also when we have the resumption I'm asking that we have clear

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and proof of that you posted it and you're going to have to post it on every entrance i personally

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do not think that there was posting on the asylum entrance that was too far away they're going to

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have to be clear that we can review and if in a board wants um other information but we're going

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to have to figure this out what's the right property on this so council what we're going

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to do is we're going to do a resumptive hearing for this on 12 8 at 9 30 a.m

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i mean i'm not going to tell you what you have to provide but what would be helpful to know

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would be a parcel map that shows all of the properties and the entrances that relate to

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the business because i think also some of your photos there's multiple places where there's

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three garage door bays and it's not really clear where they are on in relation to the frankfurt

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properties or even to this physical property all right okay council i'm sorry just and for

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at resumption if you're able to provide the tax compliance that we could then potentially vote on

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it so we're still we're still holding for that thank you thank you council okay all right thank

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you mr chair number 16 mi 2026 002 189 521 west susquehanna avenue darwin beauvais is the attorney

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they're being promoted to panelists sir

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Good afternoon, good afternoon.

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

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can you hear us darwin

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can everyone hear me yeah can you hear us

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darwin

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darwin darwin can you hear me yes i can hear you okay could you please state and spell your name

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for this stenographer okay first name darwin d-a-r-w-i-n last name obey

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

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darwin you're a little low we're having a hard time hearing you

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yeah i'm trying to figure this out and get closer to the speaker um i'm hoping this helps that's

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better that's better could you please identify your client and relationship to this property

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yes uh the applicant is susquehanna commons llc and their representative is natty levi

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um along with the architect if they could raise their hands and also be promoted

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to panelists i'll bring them on as soon as we we need them okay okay and you have a letter of

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support from norah square right that's correct all right please share us a few questions good

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

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yes do you waive the reading of your refusals and stipulate to their accuracy

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yes i did okay all right thank you you can see your screen and proceed with your case

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yes i do okay all right thank you you can share your screen and proceed with your case

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great uh i hope i everyone could see my screen right now um we do sir and if so i am that it's

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awesome all right so again mr chairman members of the board my name is darwin beauvais i'm here on

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behalf of the owner applicants susquehanna commons llc in support of their application

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for four-dimensional variances to permit nine single family homes for ownership at 521

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West Susquehanna Avenue and 2209 North Fairhill Street, all in the Fairhill section of Northville.

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Like I mentioned before, I have with me the owner's representative, Mr. Navi Levi, and we also have

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the architect of record. If they could identify themselves by raising their hands so they can

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also be promoted to panels while that's happening i just want the board to know that i submitted

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an exhibit package 1 through 13 that includes our refusal our tax clearance deed our zoning

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application aerial views of the property the zoning map zoning coast sections the relevant

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section the memorandum of law survey our zoning presentation which i'm going to ask the architect

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that to go through in just a moment,

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letters of support, our zoning notice,

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and photographs of the subject property.

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Mr. Chairman, our application proposes

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to subdivide this site into 10 parcels.

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