civus
Hearing video

ZBA Hearing - June 14, 2023

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

Joseph Consul is the attorney.

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No RCO letter, but there was a meeting held by Greater Bustle and Civic League on 425-23.

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Mr. Consul is coming back as a panelist, Mr. Chair.

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Good morning, Mr. Consul.

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Good morning.

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Just state your name, please, for the record and spell it for the court sonographer.

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It's Joseph Consul, J-O-S-E-P-H-C-O-N-S-O-L-E.

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

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I do. Would you identify your client, the relationship to the property?

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Yeah, it's the Mendozas. I believe Roberto Mendoza, the owner, is the Zoom name that's

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going to be on here, but the two owners are Justina and Roberto. Okay. Our vice chair has

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That's just a few questions.

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Good morning, Counselor. Do you agree to waive the reading of the refusal or stability towards accuracy?

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Yes, sir.

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Have you emailed them 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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I have the RCO letter came in Monday, and we sent it over. I was being transferred to panelists. Did anyone else acknowledge receiving that?

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I heard you say there wasn't a letter, but

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we have not seen the letter. I will double check, but we have not seen the letter.

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Okay. Can I send it over to you? Absolutely. Thank you.

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I'm sending it over to Hillary. It is a letter of full support. That's why I'm excited to get it

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over there. Hold on one second. Is my packet up or is my other screen on?

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euro all right i okay hold on a second i'm sending over this letter yeah i see that we

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mailed it over to you guys but i'm taking it over right now to hillary better bradford

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okay all right so i sent it over to hillary

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should i get going otherwise why don't you start please okay is my packet up right now

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on my shared screen no not really it's it's all your emails okay got it here we go we're good

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great all right so this is 8843 bradford street this is in the uh bustleton section of the city

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I will give you, let me close my emails now. So the front of the property looks like this.

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So the front of the property looks like this.

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It's these houses.

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It's these houses along Bradford Street.

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And the back area looks like this.

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So there's garages and parking and backyards and that sort of thing.

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So back to my packet.

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We're here because my clients, the Mendozas, purchased this property in 2022.

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Prior to their purchase, the garage in the back was closed off and turned into living space.

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It was brought to my client's attention during the purchase process that that was not permitted at the time.

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So in an agreement with the seller, they worked together to get the necessary plans done and submitted.

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And the only refusal that we got was the fact that they had moved the parking from the garage area to the side yard, which I'll show you in one second.

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So we have one refusal.

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Surface parking spaces are prohibited in required side yards, and that's where we're proposing to have the parking space.

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So as I said, we did meet with the Greater Busselton Civic Association.

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We got their support. 20 in favor, zero opposed. It was a well-attended meeting. And there's the letter.

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So here's the front showing our pictures. But importantly, here's the back area.

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So we have the garage to the left of the screen, which was turned into an extended living space on that floor, and then parking that was placed on the right.

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And so that is where the family parks their vehicles, and because it ate in to where it was paved, ate into the side yard, that has caused the need for this variance.

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So we don't see, there are several other examples of this on this little street here.

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We don't see that this is providing any harm and everyone at the neighborhood meeting agreed.

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We're not taking any parking off the street because this is not a street you can park on.

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And this is just a parking alley anyway.

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Close up of the work that was done.

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Again, the only variance that the plans for the conversion of the space generated was for the side yard issue.

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Plans that were submitted, showing where the parking is, and all the other required documents we included in our packet, proof of ownership, tax compliance, and the deed, and the project information form.

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That's it.

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I'll call my client. It should be Roberto Mendoza to adopt my testimony.

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Mr. Mendoza has been allowed to speak.

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Mr. Mendoza, could you state your name, please, and spell for the court stenographer?

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Hi, my name is Sonia Mendoza, S-O-N-Y-A, Mendoza, M-E-N-D-O-Z-A.

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right you swear affirm to tell the truth the whole truth nothing but the truth

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yes and you're the owner of the property um i am the owner's daughter

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okay he's with she's with her father okay i'm fine okay all right uh good morning um miss

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mendoza have you um heard my testimony regarding your property today yes do you wish to adopt it

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as your own yes okay i have nothing further mr consul that parking area was already there

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when they bought it uh yes sonia would you attest to the parking area being there at the time of

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purchase

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listen does it please raise your virtual hand again

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okay they're back counter excuse me okay yes okay thank you okay questions from the board

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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I'm sorry.

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I have Ms. Alice Udovich with her hand raised.

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I haven't allowed her to speak.

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Thank you.

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Good morning.

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Good morning, Chairman, members of the board.

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Alice Udovich on behalf of Councilman Brian O'Neill.

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Could you just spell your name for the court reporter, please, Alice?

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Sure.

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It's Alice, A-L-I-C-E.

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Last name is U-D-O-V-I-C-H.

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

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I do.

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I do. Proceed. The councilman has no objection to the granting of the variance at this location.

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Proceed.

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The councilman has no objection to the granting of the...

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Thank you for taking the time to call us in. Is there anyone else in the virtual audience?

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I do not see any further hands. Planning Commission.

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Thank you, Chair. Sarah Bond, Philadelphia City Planning Commission.

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The proposed use will not cause detrimental impacts to the neighborhood beyond what might normally be expected.

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the city planning commission recommends that the board grant the variance

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mi-2022-007-535-8843 bradford street i vote yes thomas holliman my vote is yes

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ishmael shaheed my vote is yes thank you thank you thank you mr consul

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Number 12, MI-2022-007-300, 1204 North 7th Street.

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Jacob Siegel is the attorney for the owner.

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Letter of support from 14th Ward, Democratic Ward, Executive RCO.

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Mr. Siegel, if you're in the audience, please raise your virtual hand and wait to be sworn in.

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Mr. Chair, we're joining as a panelist.

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Good morning, Mr. Siegel. Could you state your name, please, and spell for the court stenographer?

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Good morning, Mr. Chair. Yes, Jacob Siegel, S-E-G-A-L.

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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.

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Hillary, we have an issue with taxes with this, right?

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Yes, there is an outstanding balance from 2022 that has to be paid before the board can vote on this matter.

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I advised Mr. Siegel via email yesterday.

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Okay, fine. So we'll hear the case and we'll hold the vote.

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That is correct. And just for the record, my client did pay that this morning.

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So that should be reflected in the near to immediate future.

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Okay. Our vice chair has just a few questions.

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

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Yes, sir.

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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 theorem?

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Yes, sir. We did email one additional document four days prior. That is not necessary, we believe, for purposes of today's hearing.

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And we're clear that we're still waiting for the tax to come over as well.

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Yes, sir.

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Please proceed and share your screen.

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Thank you.

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Are you able to see this?

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I think you got it.

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Yeah.

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Yeah.

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Mostly.

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And I apologize.

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Typically, we do these by PowerPoint, obviously.

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For whatever reason, our office PowerPoint was not functional at the time we created this.

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So that being said, we have all necessary information here.

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Here's the refusal, the zoning permit, the application for appeal.

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the deed, the proposed plan, images of the proposed or of the property,

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and this is the interior. By way of background, we are seeking a variation for two visitor

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accommodation units at the property 1204 North 7th Street, Philadelphia PA 19122.

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We did have a meeting in front of the RCO where they voted unanimously in support of this

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variation. The purpose of this would be to allow my client these two visitor accommodation units,

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which will be generally occupied by tenants that my client finds on furnished finder,

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which primarily serves potential renters in the healthcare industry. Again, the RCO did vote

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unanimously in support of this. We do have the documentation from Ms. Diane Monroe,

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which corresponds to that. This is the property itself. This is the interior.

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Floor plans, et cetera. With that, we would ask that the board grant our proposed variance. I do

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understand that for the tax purposes, that cannot happen today and the board will vote and that is

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That cannot happen today, and the board will vote, and that is pending the clearance of the 2022 taxes.

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pending the clearance of the

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However, we would ask that the board follow the RCO and support this variance.

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Mr. Siegel, is your client here? You can adopt your, have your testimony adopted.

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My client is present.

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Why don't we adopt your testimony?

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Yes, sir.

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What's your client's name?

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Jonathan Massero.

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Jonathan Macero

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Hi, could you state your name please

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and spell it for the court stenographer

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Yes, it's Jonathan

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J-O-N-A-T-H-A-N

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Macero, M like Mary

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A-S-S like Sam

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A-R-O

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Do you swear or affirm to tell the truth, the whole truth

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and nothing but the truth?

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I do

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Proceed counsel

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Mr. Macero

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Can you hear me?

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Yes.

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Okay.

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Is all the information that I just stated accurate and true?

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It is.

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And would you agree that that be adopted for the purposes of the board?

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I do.

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Okay.

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Chairman, do you need any additional information?

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No, we're fine.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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There are no hands, Mr. Chair.

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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 to the existing residential multifamily zoning.

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The appellant has not shown that the property cannot possibly be used in strict conformity with the zoning code

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and that a variance is therefore necessary to enable the viable economic use of the property.

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The City Planning Commission recommends that the zoning board deny the variance.

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The board will hold the vote on this until we receive the tax information, and then we will vote sometime in the future.

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Okay, Mr. Siegel?

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Yes, sir. Thank you. And will we be notified upon your receipt?

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You will. You will. Yep.

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Thank you.

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Okay.

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Is there anyone in the virtual audience whose 9.30 a.m. case has not been called?

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Mr. Chair, I do not see any hands at this time.

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Okay. Thanks, everyone. See everybody at 2 p.m.

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I'm sorry, Chair. This is Tanya.

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Go ahead, Tanya.

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May I just respectfully request that our court reporter, John Kelly,

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state on the record that he was able to get all the information necessary for this particular case?

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Thank you, Tanya. That's a good point.

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Mr. Kelly, could you stay for the record, please?

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star six to unmute yourself uh yes chair and and tanya this is john kelly from lexodus legal i was

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able to begin reporting from the very beginning of the proceeding and i did get everything

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i'm very thankful thank you so much chair bergman and mr thank you and thank you john

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i should mention as well that my computer does seem to be functioning again and i will attempt

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