civus
Hearing video

ZBA Hearing - June 14, 2023

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

Um, there is a total, um, in the entire property of, of 10 bedrooms, um, with six bathrooms.

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with six bathrooms. And this, at one point, the property was legally able to have 11 bedrooms.

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And this, at one point,

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Again, I'll get to that as I get to the history of the property. But in these bedrooms,

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depending on the size, there can be up to five individuals in the bedrooms.

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This is the previous zoning permit that was granted in June of 2014. Again, it relocated

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the lot lines for this particular property and allowed us to erect the fence and have

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our use for personal care. Again, as you can see, the proviso is not specific. It just

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says five-year temporary permit.

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Here's a copy of the previous application

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so the board can see exactly what was granted.

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There was an application for a personal care home

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with a serving of food for up to 32 individuals

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living in this property.

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And they're also, again, with the legalization

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of some storage and to relocate some lot lines.

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Excuse me, I'm going too fast here.

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Um, again, this permit was granted by the board, um, on November 19th of 2013, um, with

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a five-year, um, uh, proviso.

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And again, those provisos were not, uh, specific at the time.

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Uh, this is a little history of the property.

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It just, again, shows that, you know, there has always been a similar breach, uh, on the

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properties.

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This is in 1985, um, when the property was, uh, used as a six-family dwelling.

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Again, right now, there's a single-family zoning classification. However, this property has always, the history has always been of some non-conforming uses in this neighborhood.

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Again, 1985, there's a permit for six families.

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This permit is in, I believe, 1981, where this property was used as a boarding home with 11 rooms for 25 boarders.

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and again this is in 1949 um this property was used as a six family uh dwelling um with

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in a prior use uh was uh commercial um offices uh as well

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here's a copy of our notification letter that we sent out to the community

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we sent out a total of 112 letters to the neighbors

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And this is our proof of mailing to the neighbors, which you can see all stamped by the United

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States Postal Service. Here's our letter from the Allegheny West Civic Association.

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We held our meeting back in February. From the attendance at the meeting, there was no opposition

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from individuals who attended, from residents who attended the meeting, hence you see the

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support letter from the coordinating RCO, Allegheny West Civic Association. Here is

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the proof of the meeting and what the indication was. Again, there was no opposition to the meeting

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and the votes were taken from those affected addresses who showed up to our RCO meeting.

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Just to give the board a sense, this is a picture of the property.

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This is the six-foot fence that starts here where the mouse is that leads to the rear of the property.

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Again, this is the other side of the property where we have the other six-foot fence as well.

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Here's a picture of our posting of the property.

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This is the front door.

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This is the rear of the property.

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and again the yard where you can see the eight foot fence

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this is the lounge of the property this is a similar hallway leading down to

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the offices on the first floor this is the picture of our kitchen and then just to give

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you a sense of the layout of some of the bedrooms again some bedrooms have up to five twin size

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beds to house the occupants and each bedroom has a again a similar layout

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and with that I would like to ask the board if they can bring on Dr. Sherlana Dash who is the

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Chief Operating Officer of Self Inc to answer any questions and adopt a testimony.

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Thank you.

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Do we see him in the audience?

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Her name is Dr. Shalana Dash.

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He's in the audience. I see him.

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Dr. Dash, please raise your virtual hand and wait to be sworn in.

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

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Still no hands raised, sir.

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okay do we share in the audience

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wait the hand just went up okay okay they've been allowed to speak hi could you state your

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name please and spell it for the court stenographer yes dr sharlana dash s-h-i-r-l-a-n-a

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last name dash d-a-s-h do you swear or affirm to tell the truth the whole truth and nothing but

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the truth? Yes, I do. Proceed, counsel. Thank you. Dr. Dash, could you tell the board your position

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at Self? I am the chief operating officer at Self Incorporated. Thank you. Dr. Dash, did you

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my testimony? At the zoning hearing, yes, I did. Thank you. And is my testimony true and

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accurate to the best of your belief? Yes, it is. And would you adopt my testimony as if it were

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your own? Yes, I would, sir. Thank you, members of the board. You're welcome. Questions from the

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board? No, Mr. Chairman. No, Chair. Questions or comments from the virtual audience?

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sir i have a hand raised from a number a caller whose number is ending in the three five five two

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yes please let her let it please have her come on understood

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star six to unmute please wait to be sworn in hi could you state your name please and spell

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for the court sonographer.

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Yes, my name is

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Adrienne Fernandez. My last name

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is spelled F-E-R-N-A-N-D-E-V

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Swamp Little Neighborhood

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Process Association out here.

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Right. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth?

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Hello?

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Adrienne?

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You must have dropped off, sir.

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Okay, let's wait a minute until she gets back.

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Right.

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Is she back?

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No, sir.

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Hillary, we do have her letter, right?

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We do, but I think she just came back on.

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Okay, good.

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but Adrian?

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Hello, I'm going to speak again.

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Hello.

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Hi, Adrian.

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I'm sorry.

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Yes, I'm sorry.

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I was disconnected.

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Okay.

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Did I swear you in?

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Do you swear or affirm to tell the truth,

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the whole truth,

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nothing but the truth?

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Yes.

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Proceed.

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I sent in a letter of opposition.

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we have it okay and um could you adrian i know it's hard could you try to speak up a little bit

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i think the court's now we're having a hard time hearing you yes thank you chair okay great thank

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you is it better now yes it is okay trying to volume okay um the public meeting um was attended

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I think by about maybe 20 to 30 people um but there were no affected addresses from that 2120

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to 22 Tioga Street or within 250 feet of the address including um one or two of the affected

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RCOs that live right around the corner or in that affected area. Also at the meeting

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I voted in opposition for a sponsor to RCO.

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So I don't know this included on the meeting summary form

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because the affected RCO does acting as RCO

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accordingly though she did not distribute the that summary

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memo to all affected RCOs. So I've never seen it.

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In my letter I spoke about the fact that this this address

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was initially granted a temporary variance of five years, and Dr. Dash reported at the meeting,

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It was reported at the meeting, the public meeting, that the permit had expired five years after 2013, which was, I guess, five years before the public meeting.

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the public meeting, that the

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So this operation has been carrying on without a permit.

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I'm not sure they built the fact they requested or not I did include that notice of refusal and

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a notice of decision with the letter I submitted so we're asking that this variance be denied

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because Dr. Dash also answered my question about drug-addicted persons being able to be housed

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there and she said they could be housed there I'm not sure who was living there for the past

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five years where there was no permit however um the house was still serving as um homeless

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for um we were preferable with families or working families but it was um I guess it was

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families and drug addicted persons in the same two buildings or same two addresses um

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a detail in the letter what the opposition was most of the safety and the negative impact

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especially from fentanyl addicted persons needles in the area being able to shoot up behind the tall

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fence that could be observed from nearby houses that have you know a second and third story

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and also needle littering in the area where you have families children elders in schools pets

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I also listed that we have a hepatitis outbreak in Philadelphia and that would be increased if

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we could increase the number of fentanyl addicts in the area I keep this thing I can see um that

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was listed with 32 persons and that seems to be high for the two addresses so if this is approved

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um we're requesting a temporary variance for three years to be sure that the facility

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will comply in the future with the notice of decision because on the notice of decision

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it said that the permit would be cancelled if the stipulations on that notice of decision

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were not honored and that didn't happen and just kept operating so we're asking for if it's

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approved but we are opposed to it for a three-year temporary variant and um we're also asking for

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that the nose of decision if it's granted be honored so that if the nose decision is violated

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that the permit and special exception are canceled um we're asking for no fentanyl or other drug

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addicted persons occupy the property and also that the occupancy be limited the entire address

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to 20 or the prior 25 persons because I believe one property may be two floors one maybe three

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floors not sure when on five floors uh 20 to 25 persons even with double beds that's a lot of

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occupancy that one addressed especially with special needs occupants I'm also asking that

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there's no drug drug rehabilitation operations at the address and no drugs stored administered

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or dispersed at that address also provisor for no basement occupancy because that can change with

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future use also for no roof deck occupancy or mechanic no use of the roof just a roof there

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so we don't have any danger of drug use on the roof also asking that there's conspicuous exterior

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and interior signage identifying the current site the business

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operator whether that be self or subcontractor because it

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seems like the property went through several operators

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especially during a period where the permit had expired in 2018.

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That's pretty much the extent of what we're asking for

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and the opposition is also based on the fact that

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um these operations in a residential zoning area will represent um overuse of that address

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okay thank you and that's everything i thank you for calling in we take for taking time

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and your input is there anyone else in the virtual audience

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no further answer okay planning commission

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good afternoon chair peter bernard for the planning commission

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THE COMPREHENSIVE PLAN RECOMMENDS RSA 3 SINGLE FAMILY RESIDENTIAL AT THIS LOCATION.

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WE FEEL THE APPLICANT HAS DEMONSTRATED SUFFICIENT HARDSHIP FOR THE FENCE AND THAT A PERSONAL

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CARE HOME FACILITY WOULD HAVE NO IMPACT THAN WHAT CAN BE REASONABLY EXPECTED AT THIS LOCATION.

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accordingly the planning commission recommends the board grant the variance and the special

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ACCORDINGLY, THE PLANNING COMMISSION RECOMMENDS THE BOARD GRANT THE VARIANCE AND THE SPECIAL

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exemption for use um mr young as you know we'll wait for the tax uh information before we can vote

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EXCEPTION FOR USE.

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Thank you.

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okay yes mr chair and we'll be in touch when when when we're settled okay thank you very much

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Thanks, everybody, for their input.

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Okay.

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Number 11, MI 2023-000731-5500 Haverford Avenue.

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Robert Careless is the attorney for the owner.

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letter of support from HMC Squared based on revised plans with setback on Pearl Street.

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Mr. Chair, this is Hillary. I just want to note that we also received a letter of opposition

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from a neighbor on Pearl Street. Thank you very much. Mr. Carolis, could you state your name and

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spell for the court stenographer? Certainly, Mr. Chairman. Bob Careless, C-A-R-E-L-E-S-S.

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

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I do. Could you identify your client in a relationship to this property?

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I represent the Community Justice Land Trust, which is the land trust for the Women's Community

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Revitalization Project. The land trust is the record owner of the property.

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Okay. And our vice chair has just a few questions.

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Certainly.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do agree to the waiving of the refusal. I don't agree to the stipulation with the limited purpose of the open space refusal item on the refusal. Everything else we can stipulate to.

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Understood. 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, I have.

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Excuse me. Thank you. Please proceed and share your screen. Oh, you shared it already. Okay.

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Yep. Thank you. And members of the board, again, Bob Carol, Sikosin, O'Connor, on behalf of the Women's Community Revitalization Project, which I'll refer to as WCRP for short.

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WCRP is a nonprofit and women-led community development corporation committed to social and economic equity for low-income families.

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They provide, among other things, support services and resources for low-income tenants of its properties.

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And one piece of data that I'm sure they're proud of is that their income, tenants increased their income by approximately 56% over the first four years of living in a WCRP home.

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WCRP has developed and or rehabbed more than 300 homes over the last 30 years in Philadelphia.

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In fact, this board might remember, we were before you about two years ago on the Arlene Thorpe Townhomes, which was a low-income housing tax credit development in Graysbury.

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The subject development before you today is located at 5500 Habiford Avenue.

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It's a 33-unit, four-story, multifamily, low-income housing tax credit development comprised, among other things, of a community center and associated improvements.

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And this development will be named after Linda Lockman King, who was a longtime community activist who has since deceased.

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And WCRP is proud to name this development in her honor.

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As I mentioned, this is 5500 Habiford Avenue.

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I'm showing you what I've marked in my packet as Exhibit A5.

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