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Hearing video

ZBA Hearing - May 14, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 14, 20254h 1m

So these are built, A, B, C, D, E, during the process.

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All of this is by right, single-family home development.

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Community asked that we set F, G, H, I, and J back and provide some much-needed parking relief.

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This street here would not have legal parking otherwise, so putting these curb cuts here would not adversely impact, in fact, compliance in this case,

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which would be single-family home development, like we did here on the left, would actually be

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a hardship for the community. And as a result, the community had asked that we put these

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five front loaders in. As you can see, the G through J set back a little bit more than F,

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and that's why there's a little difference in that. But all of them have been refused for the

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same thing, ostensibly, which is the off-street parking, the front-loading parking on these

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properties. I'm going to zoom out a little bit. These are the interiors that I am going to bring

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on the architect to walk you through design, if you'd like, and answer any design questions.

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Here's the first, second, and third floor plans. Beautiful single-family home.

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all with materials that reflect the brick history of Philadelphia.

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Here's the rear elevations. Here's some renderings.

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So these are the front loading spots.

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this is the subdivision plan also entered into evidence

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and here are the homes that have been built already by right

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As you can see, they're fairly reflective of the materials that were presented.

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This is the letter that went out to all interested parties.

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The meeting was extremely well attended.

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239 people were mailed.

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Overwhelming majority support.

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There was a little bit of opposition.

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um some of it had to do with some of the construction issues during the the first phase

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uh those have been addressed we and we have of course offered to even enter into a construction

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agreement if that made some folks happy leadership of the rco didn't seem to be too concerned about

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it but we certainly are still willing to to talk to any immediate neighbor who might have any issue

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with that. Of the handful of people that were opposed, about 80 percent of them were opposed

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because they park illegally on that sidewalk. So they're going to be losing their illegal

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parking spots, which is understandable, and I respect that. But the larger community had asked

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us actually to provide this relief so that overall it will, in fact, be a net positive for the

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community with that i'd like to call first uh bar levy who is the architect on the project

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he'll be coming back in as a panelist chair thank you

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hello everyone can you hear me all right council i mean architect please

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This is the architect, Mr. Chair, Mr. Levy.

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Hi, Mr. Levy. Could you please state your name and spell for the stenographer?

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My name is Bar Levy, B-A-R, last name L-E-V-Y.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed, counsel.

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Thank you. Bar, do you have anything to add to the initial presentation prior to opening the question?

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um i think you did a great job really discussing the front uh the front parking and it was uh

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i think you did a great job really discussing the front uh the front parking and it was uh

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requested by the community uh what i would say is that it's not only helping the community in terms

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request

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of alleviating the parking uh but if you go uh if you go forward into the um into the light diagram

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what happens there is that uh we are widening the actual sidewalk stay there go one slide

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after this for a second and if you look at this green um at this green storage structure uh what

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these structures what they do they they limit the side the sidewalk width and the sidewalk width

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kind of moves between five to six feet um mostly five for it for as it's existing with the new

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design we are enlarging it into six feet so very walkable um and also we're setting back the

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structures farther more from that North Elkhart. If you go up one slide, or to the, yep, upwards,

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so that street is really to our north, it's our northeast side of the structures. Pushing the

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front side of those buildings 18 feet from the streets allows for more light to travel from the

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south onto the street and have a more kind of a happier experience on the street. Not only that,

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besides the parking, it allows for some greenery, some front garden, some flowers, really to make

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the experience of Elkhart that seems to be, it is a slow-paced street, but it's narrow as it stands

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currently. That widening of the street and widening of the light, allowing more light to travel into

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the street, will create that experience a little bit more friendly. But that's really, I think,

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is what I would

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like to talk about in terms of

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the width of the buildings

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and the setbacks.

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Yeah, if you have any other

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questions, we could go through.

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Why don't we, Vern, why don't we leave him there?

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I need to bring on my client.

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Why don't you bring your client on?

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Nataniel, leave you, please. Levy?

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Nataniel Levy is coming back in as a

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panelist, Sheriff. Thank you.

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hi can you hear me good morning could you please state your name and spell for the stenographer

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netanel levy n-e-t-a-n-e-l levy l-e-v-i right do you swear or affirm to tell the truth the

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whole truth and nothing but the truth i do please proceed counsel thank you mr chair

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netanel did you hear my presentation and bars to the to the board today yeah i did thank you

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Is it true and accurate?

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It is.

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Do you adopt it as your own?

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I do.

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Thank you very much, Mr. Levy.

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Question is from the board.

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Yes.

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Can you go back to the floor plans for the houses, please?

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And kind of...

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Okay, thank you.

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Any other questions?

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Yeah, I have two questions.

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One, why is the first unit not including the parking space?

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Or it's already built into it somewhere here, right?

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Well, yeah, but I didn't see a plan that showed that, which is why.

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Bar. Yeah. So you're talking about it said it on the site plan, but there was no floor plan that showed that. So I'm just, yeah, we have, we have five separate binders. Okay.

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All of that has been submitted.

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I understand that, but it was not shown in this presentation. So I was just trying to clarify.

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That's cool.

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so the first unit does have a parking space so then my second question is then why what was the

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reason to not set it back similarly to the other four that now face Eckhart street Elkhart street

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good that's a question for bar go ahead yeah so the uh the main reason is the last size

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if you'd see the four um the four last uh g to j uh which are the right side of this plan

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are all deeper. So they're deeper, they have much more depth to allow for a backyard that is

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sufficient, even with the setback of the 18 foot up front. Now, we are setting back the first floor

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to allow for that front parking, but it is the second floor that kind of goes above it.

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In order to get a three-bedroom, two-bed structure, very Philadelphian kind of, you know, single family for a family, we needed a square footage.

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We didn't want to get rid of the entire backyard and just have a tiny little backyard.

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We didn't want to get rid of the entire backyard and just have a tiny little backyard.

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So we have set back the first floor, but built on top.

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Okay.

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And then what is the depth of the basement below grade?

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So it's a semi-submerged basement.

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It's at 410 to the lowest part.

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And so it will receive some light via window.

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I would say that if you go into the floor plan of the other four, you go down one more.

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So the developer requested one more down that the basement is utilitarian kind of Philadelphia investment.

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There is not a real program to it.

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It will be unfinished, but it will receive light.

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It would have all of the mechanical systems and such.

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And maybe in the future, if the homeowner would have their will to go and finish it, that's a different permit, that's a different design on its own.

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But the building as it stands is a three-bedroom, three-bedroom, while we have the master parent room all the way at the top.

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And the second floor is a two-bedroom, kind of the kids area, or if it's a small family, a kid and an home office, one bedroom on the second floor.

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and the washer dryer on the second floor to kind of have it in the middle of the structure

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as you don't have to go all the way to the basement. There is no way I can read the rest

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of the plans, but thank you. Any other questions? Questions for our attorney? No, Mr. Chair.

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Questions or comments from the virtual audience? I see no answer this time, Chair.

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planning commission

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thank you chair bergman

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comprehensive plan recommends no change to the existing residential single family zoning

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the appellant has not shown that the property cannot possibly be used in strict conformity

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with the zoning code and that the variance is therefore necessary to enable the viable economic

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use of the property city planning commission recommends that the zoning board deny the

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variance for accessory surface parking, excuse me, accessory surface parking, proposed rear

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yard depth, and proposed setback. Thank you. I'm going to vote this 9, 11, 12, and 13,

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and then I'll come back for 10. Okay. All right. So number 9, MI 2024, 007, 502, 2507 East Elkhart

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Street. Number 11, MI 2024-007-509-2511 East Elkhart Street. Number 12, MI 2024-007-511-2513

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East Elkhart Street. And number 13, MI 2024-007-512-2515 East Elkhart Street.

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I wrote yes to all four with proviso. Approved use is single family household living with one

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accessory service parking space. My vote is yes with proviso. Cheryl Gaston, my vote is yes to

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all four with proviso. Taneta Graham, my vote is yes to all four with proviso. Taya Nguyen,

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my vote is yes to all four with proviso ishmael shaheed my vote is yes to all four with proviso

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and number 10 mi 2024 007 508 2509 east helcourt street i vote yes

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my vote is yes gerald gaster my vote is yes it's not a gram my vote is yes i win my vote is yes

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ishmael shaheed my vote is yes thank you counsel thank you all all right is there anyone in the

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audience whose um 9 30 case has not been called just break it right no hands please here thank

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you um see everybody two o'clock everyone my name is bill bergman and i will be chairing this

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afternoon's meeting with me is our vice chair ismail shaheed president mr true our board member

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Sheryl L. Gaston. Present, Mr. Chairman. Our board member, Tanetta Graham. Present, Mr. Chairman.

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Board member, Michael Johns. Present, Mr. Chairman. Our board member, Taya Nguyen. Present, Mr. Chairman.

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Also, here is our attorney, Matthew Webster, our executive director of the zoning board,

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Ian Hagerty, and our board administrator, Lakeisha Dandy. A recording of this hearing will be posted

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on the ZBA website. By participating, you consent to be recorded. This is an in-person meeting with

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remote capabilities. Whether remote or in person, if you're called to speak, you must state and spell

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Whether remote or in person, if you're called to speak, you must state and spell your name

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your name and the

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and the wait to be sworn in. Once you've been sworn in, please state your name each time before

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beginning your testimony. Any person may enter their appearance to become an interested party

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to a case. There are three ways. You can identify the case property on your Zoom webinar. You can

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see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

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call 267-270-5548 leave a message that includes your email address and the address of the property

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of the appeal the following guidance is remote are remote attendees first when directed you must

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raise your hand in order to be recognized to speak second if you're called to testify you'll

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be prompted to join as a panelist please accept the request and turn on your camera third the

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webinar Q&A is for questions about the hearing. Do not comment on cases in the Q&A. Fourth, if

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you're participating by phone, press star nine to raise your hand and star six to unmute. For our

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in-person attendees, please refrain from talking, eating, or drinking during the hearings. Verbal

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and physical aggression will not be tolerated. Restrooms are across from the elevators. A water

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fountain is just outside the room to the right. When speaking on the record, you must speak

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directly into the microphone in order to be heard by all attendees.

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In the event of an emergency, please follow the directions given over the public address

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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 at Love Park directly across from Art Street.

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Please remain here so you can be accounted for.

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So let's look at our schedule for this afternoon.

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number six mi 2025 000 462 2842 south franklin street scott cloney is the owner applicant

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this case is being continued at the request of council member squilla

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is mr cloney here oh mr cloney could you step forward a minute please

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yep yep 2041 yeah why don't you want to turn on the mic and we'll tell you where we stand with

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this so the mic what you gotta press the button yeah pull it a little closer to you state your

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name and spell for the stenographer uh scott cloney uh c-o-t-t-c-l-o-n-e-y right do you

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swear or affirm to tell the truth the whole truth nothing but the truth mr cloney we have a request

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to continue this it has to do with the rco yes we didn't have enough time um apparently it was sent

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to one of the rcos in center city and we just got it sent back to the rco in south philadelphia

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last week so the letters are actually out already um i've been working on those um that we have a

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date of the 27th for the rco board so we're just asking to have this good for like okay or two

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All right. So we're going to continue this case till October 15th, 2025 at 2 p.m.

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Now, I know that's not what you were looking for.

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Give us a call and we'll see if we can move that to a quicker date.

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OK, how well, pardon me, how fast, though?

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I mean, I paid for the habit expedited. I know. I know. I know.

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That's what I'm saying. We're going to take all that into consideration.

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But right now, that's the dates that were listed.

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We're going to see if we can find one for you.

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So call those staff and we'll see what we can do.

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Okay.

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Thank you, sir.

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So MI 2025, 000462, 2841 South Franklin Street.

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That case is continued at this point to 1015 2025 at 2 p.m.

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number seven mi 2025 000 464 42 30 main street this case is continued attorney moving party

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number eight mi 2025 000 469 1618 webster street cases continued attorney moving party

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And number 12, MI-2025-000-492-6515 Ridge Avenue.

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continue. This case is continued until 10, 15, 20, 25 at 2 p.m. Are there any other requests

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