civus
Hearing video

ZBA Hearing - June 14, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jun 14, 20235h 49m

Thank you.

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Good morning, Mr. Kelly, is that you?

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Yes, this is John Kelly from Lexitus. I'm on by phone.

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Okay, thanks, John.

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Sorry for the delay, folks.

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And Chair, we have 32 attendees, so you can begin.

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Thank you.

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Good morning, my name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holliman.

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Present, Mr. Chairman.

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And our Alternate Board Member, LeBaron Leonard Palmer from Development Services.

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Good morning, Mr. Chairman.

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Good morning.

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And also present is our Attorney, Hillary Emerson, and our Executive Director, Tanya Sunken.

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Here's our virtual format.

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Be advised that proceedings are being recorded.

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A video will be available by contacting tonyasunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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to want an appearance statement call 267-270-5548. Leave your email and the address of the property

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in question. The question answer box on the screen is not for comments or testimony. Any comments

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should be directed to our Executive Director, Tanya Sunken. Let's look at the continuations we have

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on today's list. Number four, MI-2022-004-357-1439 Fawn Shaw Street. That case is continued.

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Number eight, MI-2022-007-314-1932 Cecil B. Moore Avenue. That case is continued.

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you. Number nine, MI 2022-007-385. Faith CDC has requested continuance. Mr. Anastasio,

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if you're in the audience, please come on. Good morning, sir. This is Jason Hand. I will

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be co-hosting this morning. Mr. Anastasio has been allowed to speak. Thank you. Yes, sir.

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Good morning, Mr. Chair. Mr. Anastasio, could you state your name and spell please for the court

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reporter? Yes, sir. It's Vern Anastasio, A-N-A-S-T-A-S-I-O. On behalf of my client,

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the foundation of Mukadim, Atu, Kidma, and Mohammed Baldy.

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

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I do.

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I see that Faith CDC has requested a continuance. What's your position on this?

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And is Faith CDC in the audience?

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Yes.

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i do not see anyone um okay thank you anastasia what's your position on this

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hold on mr chair hold on mr charles richardson has his hand raised okay in this matter so i

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think we should bring him on as well thank you he's been allowed to speak good morning mr

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richardson just state your name for the record please good morning mr chair charles richardson

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the office of councilwoman cindy bass room 508 city hall of richardson r-i-c-h-a-r-d-s-o-n

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do you swear a firm to tell the truth the whole truth nothing but the truth i do you have a

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position on this uh our position on this is uh and i spoke to miss love this morning and uh

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mr anastasio did participate in his firm participated in two meetings that were

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unsuccessful in getting people to come out uh he is sticking to the codes which is you know

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within his rights. So we're not going to oppose him moving forward.

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Mr. Anastasia, you're going to move forward today?

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Yeah, I mean, normally I would be amenable to a continuance, but we did put this application in in October of last year, and we did do two mailings, and after a while it just gets expensive.

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Yeah, I mean, normally I would be amenable to a continuance, but we did put this application.

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All right, we're going to call you in a little bit, okay?

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Thank you.

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All right. Number 13. MI 2022 004 360 10960 Dunton Road. This case is continued. And number 14. MI 2022 004 261 2807 Nightingale Road.

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this case is also continued.

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Is there anyone has any comments

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relative to the cases that have been continued?

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Mr. Chair, I do not see any hands.

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Okay, thank you.

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Are there any other requests for continuance?

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Once again, sir, I see no hands.

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Thank you.

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And case number six, MI-2022-004-260-5306 North 5th Street.

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I have no exhibits for this second listing and no one's appeared.

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Solange Hoplite is the listed applicant.

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Sir, there are no hands and I do not see anybody addressing by that name.

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Thank you. So number six, MI-2022-004-260-5306 North East Street. No exhibits, second listing. No one's appeared the first time. I vote to dismiss this case.

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Thomas Holloman, I vote to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Thank you both.

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Number three, MI 2022, 004-355-1231-33 Walnut Street.

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Karen Laurie Smith from Midtown Chocolatiers is the listed applicant.

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We were notified of withdrawal.

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We do not have a letter.

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This is the second listing.

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Is there anyone in the audience from Midtown Chocolatiers?

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Okay.

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Sir, there are no hands.

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Okay, so MI-2022-004-355, 1231-33, Walnut Street, this case is continued.

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So we're going to go to our add-on list first.

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Number one, MI-2021-005-282-3257, North 16th Street,

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I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Number two, MI 2023-001-253-1330 East Burke Street.

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I vote yes, with provisos.

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Her amended refusal.

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Excuse me, Mr. Chair, this is the one I need to read the letter into the record first.

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Oh, I'm sorry, please.

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Give me one second.

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Following the reconsideration hearing that we held on this matter on May 23rd, we received a letter from Eleanor Sharp, the Executive Director of the Planning Commission, regarding the Planning Commission's recommendation in this matter.

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I'm going to read this letter into the record.

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Dear Chairperson Bergman, the City Planning Commission participated in the reconsideration hearing for MI-2022-002678 at the May 23, 2023 Zoning Board of Adjustment Session.

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The case was originally heard on November 15, 2022, where the Planning Commission provided a recommendation to support the granting of the variants that requested five new residential units.

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At the May 23rd, 2023 reconsideration hearing, the appellant reduced the number of units to four, dwelling units to four.

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The Planning Commission recommended denying the granting of the variant.

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In reviewing the two hearings and our records, we now realized that we erred in providing conflicting testimony to the board on May 23rd.

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Due to a technical issue with our database, the original recommendation and hearing information were not available during our review for the hearing on May 23rd.

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This situation enabled the Planning Commission to give conflicting recommendations on this calendar number.

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We are requesting to amend our recommendation on this application and revert to our previous

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We are requesting to amend our recommendation on this application

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and revert to our previous testimony and recommendation

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provided on November 15, 2022.

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The comprehensive plan recommends no change

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to the existing residential single-family zoning at this location.

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Wilt Street is not on the city plan.

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It does not carry essential utilities

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and cannot be used as a street frontage to enable subdivision.

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The lot is also irregularly shaped and deep.

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The total lot area per unit in the proposal is approximately 1,200 square feet, which is commensurate with average lot sizes in the vicinity.

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The Planning Commission recommends that the board grant the variances.

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We apologize for this inadvertent error and thank you for your consideration.

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Sincerely, Eleanor Sharp, Executive Director of the City Planning Commission.

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Thank you, Hillary.

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So MI 2023-001-253-1330 East Burke Street.

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I vote yes with provisos.

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Per amended refusal dated 12-22-22.

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Revised plans, two pages stamped by ZBA on June 14, 2023.

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Thomas Holloman.

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My vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you. Thank you.

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Number three, MI2022-007-290-1800 North 22nd Street.

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I vote yes with Proviso. Maximum five units.

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Thomas Holloman, my vote is yes with Proviso.

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Ishmael Shaheem, my vote is yes, with proviso.

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Number four, MI 2022-003-293-2409 North 17th Street, I vote yes.

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Thomas Hollum, my vote is yes.

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Ishmael Shaheem, my vote is yes.

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Thank you.

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We're going to our regular list.

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Number one, 2022-007-387, 1440 South 18th Street.

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Nakima Carter is the tenant applicant.

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This is a pro se case.

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This application is for child care center on first floor with existing two-family household living above an existing structure.

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One refusal.

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The proposed use child care requires special exception approval in the CMX-1 Commercial Zoning District.

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Nakeema Carter, please.

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Ms. Carter will be rejoining as a panelist, sir.

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Thank you.

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Hello.

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Good morning, Ms. Carter.

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Hi, good morning.

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Good.

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

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Yes, Nakima Carter.

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That is N-A-K-I-M-A-H.

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That's the name Carter, C-A-R-T-E-R.

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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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Our vice chair has just a few questions for you.

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Okay.

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Good morning, Mrs. Carter.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes.

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She just sent me something last night and said everything was complete.

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So I sent everything prior to this.

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Okay, thank you.

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I had like a PowerPoint.

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So she told me to send a PowerPoint, which has everything that I need and want.

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so you could just flick right through it.

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No problem. Thank you. Please proceed and share your screen.

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And please turn your camera back on.

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Okay.

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Could you share your screen with us, please?

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And I would note the letter of support from the Point Breeze Community Development Coalition.

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Yes.

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So this is basically my, okay, thank you. This is the basic email of the hearing. This

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is my application of acceptance, special exceptions. This is the, I had got three pages filled

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This is the, I had got three pages filled out from my neighborhood.

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out from my neighborhood.

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I also have it in biblical here.

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That's great.

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All right.

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This is also another petition I started online on my own to get more votes.

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This is the receipt showing that I mailed out all of the notices to people so that they can join the Zoom.

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This is another receipt.

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this is in here this is the front of the building this is the side side um this is like a point of

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view for neighbors like a viewpoint for neighbors this is the inside this is the front this is like

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kind of like a viewpoint of the whole side this is a a full this is the kitchen which is getting

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like updated now and this is another side of the building this is another viewpoint right here

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bathroom bathroom um this is another room inside the center windows door and that's what i have

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okay and you went to you went to your uh rco2 right am i correct yes

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Did they vote for you?

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Yes, they did.

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Do you remember the vote?

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It was yes.

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I got 13 votes,

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one refusal, I believe.

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Okay.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments

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from the virtual audience?

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i do not see any hands mr chair planning commission

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thank you chair bergman sarah bond philadelphia city planning commission

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the comprehensive plan recommends no change for sorry just for the record could you spell your

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name for the corporate oh i'm so sorry i haven't done that's okay okay uh it is uh sarah bond s-a-r-a-h

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b-a-n-h right do you swear or firm to tell the truth the whole truth nothing but the truth

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yes i do please proceed okay uh the city planning commission excuse me the comprehensive plan

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