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Hearing audio

ZBA Hearing - August 26, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 26, 20267h 14m

Let me share my file.

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Let me share my file.

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Okay, we see it, so why don't you start telling us what you want to do here?

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can you see my slide yeah it's it's up okay present present for uh 838 south halvard street

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why don't you start okay thank you so much sure so this is a request to formally recognize the

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existing property as a duplex okay and uh so so why don't you start moving through show us the

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property and plans and things of that nature okay so this is a clear the text uh so let me quickly

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say that uh thank you so much remember about this probably as a view was in 1979 it's a block of

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six duplex and it built at the same time and uh so it was already functioning as a tool home

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for each duplex so why i'm requesting there's no construction nothing no expansion

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and so allow this duplex continue as a duplex okay so why don't you show us the property

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so so this was six duplex built at the same time in 1979 okay and this is uh uh i made with the

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uh sir sir sir listen to me why don't you show us the duplex the photo that you have in your file

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okay okay this is uh uh the front door okay no no we you you don't have anything up sir

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all we see is the headline that says presentation four now we we don't see what you have so why

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don't you show us the documents oh i saw you uh let me try to bring up right i think you've got

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to bring them up yourself on the side here see the side hi mr lynn this is ian hegarty the executive

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director i'll help you through this so there you go there you go yeah that looks like you

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you have the photo there um you're right now you're showing us the window that just has the

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um the powerpoint program instead of the presentation so i think what you might need

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to do is to start um stop sharing and then start your presentation and then start sharing again

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so we can see the presentation screen instead of the screen that shows where you edit the document

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does that make sense oh sorry about it i saw you can see that oh no that's okay happens a lot no

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worries so can you see this diffusion can you see this so mr ling go ahead and stop sharing

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and then um start sharing again and show us oh yeah and now start sharing again but just

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share the screen that says presentation instead of the PowerPoint document.

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Let me see.

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Say stop sharing.

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You want me to stop sharing?

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yeah so the screen that we are seeing now is the screen where you edit your presentation

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the screen that we want to see is the screen that shows the final presentation right so

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those are two different um application windows that you from what you'll have to select so what

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you'll have to do is stop sharing and then start again and select that correct uh second version

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which is the final presentation yeah can you put it in the mailbox and her

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yeah mailbox should be open germaine germaine germaine your mute yourself

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okay oh so i need to bring up my my powerpoint

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so what do you see now but we we don't see it sir we're still seeing we're still seeing your

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powerpoint uh presentation where you edit the presentation instead of the presentation itself

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so um what i would suggest is uh stop sharing stop sharing yep and now click start sharing

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uh stop sharing stop sharing yep and now click start sharing again but before you press anything

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you're going to see a few options the one at the top that says entire screen

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and then below that you see application windows do you see that

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do you see a section that says application windows when you're press select screen

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sorry why don't you press uh share screen

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sir on the right hand on the right top corner do you see a section that says application windows

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um i don't see application window do you see something that says entire screen

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and a button

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He's saying after you hit that share screen button at the bottom of your Zoom application, it should open it to a new window, and that window will either tell you to share your entire screen or the application windows, meaning your document that you have open.

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So I choose entire screen?

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Yes, why don't you choose entire screen?

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Oh, I see, I see, I see.

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Then we'll see what you see, okay?

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Okay, now I know that.

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thank you sir nice job so then what do i do

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so we see what you see so just bring up uh bring up your presentation there there you go beautiful

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okay oh now i understand okay so this is a refusal that that was in my file yep yeah so these are

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the text is clean yep and uh so again thank you both members so uh this probably was built

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as a sixth duplex in 1979 they are all identical the six due process and uh so i request that uh

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this basically is very low relief there's no construction no expansion nothing just

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recognize this is a duplex all right why don't you show us the properties or the

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pictures yeah the show is the property show the pictures yeah so these are the

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six duplex view at the same time and I met with the Queen's village neighborhood

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Association on June 10 so they after my presentation they approve this

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support they support my my request so this is a A38 South Howard Street and this is the main

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entrance going in and there's a stairs the downstairs this unit one up there's you need

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two okay so right hand side you can see the unit two so this is the back the first floor is gosh

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there's a uni one you need two up there so i uh share this before the uh community meeting

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so again this is a front door the main entrance

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so this is a uni one you can see the three pictures and there's a unit two

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so let me just quickly summarize so so so let me ask this question is all the properties along

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their duplexes all six houses are all plexus they are all duplex okay thank you yeah you

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in the same time in 1979 okay okay so supporting this request in the community's best interest

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it keeps the party function as it always like this in the past

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it simply allowed the building to be used as it was originally designed

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and promote the stability prevent vacancy and the use so preserve that the way it is

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and so the artificial context is just being consistent as the neighborhood okay so that's

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all I want to say any questions questions from the board yes how where are the tenants storing

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their trash oh this uh there's a this front yard okay this is the inside is a common use

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at entrance and also there's a front yard

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the basement but i mean the the garage is a uh the trash there okay thank you yeah other questions

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the basement i mean the the garage is

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questions or comments from our attorney no questions at this time mr chairman

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uh questions or comments from the virtual audience there are no hands planning commission

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good morning liz fuselay on behalf of the philadelphia planning commission

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the comprehensive plan recommends no change to the existing rsa 5 residential single family

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attached zoning this is a predominantly single family use neighborhood and block the appellant

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has not demonstrated that there are unique physical circumstances or conditions of the property

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that would prevent them from being used in conformance of the zoning code city planning

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commission recommends the board deny the requested variance for a multi-unit dwelling

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mi2026002157838 south howard street i vote yes michael johns my vote is yes

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sarah gaston my vote is yes tanetta graham my vote is yes ryan mcadams my vote is yes

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iowen my vote is yes you have your vote sir okay thank you so much thank you uh jermaine

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jermaine is rejoining us now

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what happened what what are you straight now we're good i'm i'm i god willing i'm i should be good

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um you got a chance to be a stand-up comedian because you got the whole place

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all right questions from the board for jermaine where you have the picture

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so you have pictures of the the building the exterior the exterior of the building sure

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specifically the entrances right yeah from the outside these are the two

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not not saying anything

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you got it you got to share oh i'm sorry i thought i shared all right

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okay let's get back to it

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okay

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right this and this right right see they're both on the side and this is the current condition

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this is a current photo of the house correct okay that answered my question

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i have one quick question did you say the house adjacent to it is also a multi-family

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yes do you know what that address would be 1800 8200 okay and 1801 directly

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across the street from that building which would be this one right here and then just because the

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it looks like there's been considerable hard surfacing and hardscaping at the site versus

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what's currently in um google google maps or google earth what is going to be the sort of

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security plan and outside trash plan at the site so i believe she testified that she would place it

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on the side a bit miss sidler um you know because i don't want to speak for her because it also

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looks like the the deck was removed right let's see right that that was that was what i mentioned

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first was the deck was removed and the concrete pad was put in so they've got to make sure that

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they have legitimate egress wells out of the the basement um right in the front

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uh but let me uh if i could i'd like to just have miss sittler

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um be promoted again okay hopefully she's still on the call

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miss sittler could you raise your hand please

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he's coming in now okay

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there was the up a lot and I guess they're not opposed to a CEO.

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Yeah.

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All right, Jermaine, your client's one.

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Okay. Ms. Sittler, I'm sorry.

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I just wanted her to be available to answer any questions that I may not,

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that only the owner may be able to answer. So, um,

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So I don't think I don't think I need an answer to that.

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I don't think, I don't think I need an answer to that.

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You know, if you get a CEO, you've got to have egress windows that that meet code.

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Right. I think, you know, you've got two side doors. One enters directly into the basement.

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You can go out to the I think the layout kind of works. I don't have that personally don't have an issue with it.

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It's just got to comply with code. That's the thing. And the front windows in the basement bedroom just do not.

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so they got to get a co or whatever they got to get permits questions

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um i do have a question i was asking about security because there's a driveway at the

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rear of the property and before there was a fence and it looks like from your photos

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that the fence the perimeter fence was moved

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yes do you did you i i guess there was a question about do you plan on having any

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sort of security for the uh rear of i i guess for the building do you plan on having any fencing or

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anything maybe fencing on the front where is the patio and the cameras

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did you under i'm not sure miss when did you understand what my client just said

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i know could you could you tell us i put cameras she said cameras and fencing

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maybe fencing i don't know yet like on the front like everybody has like my neighbor across the

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street and is your plan to like on the view that we're looking at right now on the photo

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are you going to use that as parking uh this is on the back it's like parking like everybody has

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on the side like we split this is a backyard with the neighbor

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correct where the stairs are uh-huh yeah

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and you built those stairs in partnership no it was exist it was exist

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this well this the concrete stairs existed when you purchased the property

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uh it was different but i fixed it it was like very old you know and i just

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fix it like for uh like nice okay understood questions from our attorney

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yes um i wanted to clarify is there parking at this um location

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no okay i thought you just mentioned there was parking no i'm not parking right now nobody

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there's nobody parked okay um there is that area that looks like flat that's cement what is that

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used for uh what do you mean the flat cement it just picture that your lawyer i'm sorry just let

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just put on the record so it can be descriptive um the picture that your attorney is showing

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is of the building and right next to it it looks like two could be used as two parking spaces and

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it's cement and then there's like steps that are going up what are those for no this is you you

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you can't use like for a parking for two spaces not enough place over there it just puts a garbage

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can on there on the uh on the side and talking area that's it like maybe for barbecue can you

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go back to the photo that you just had up of the of the rear of the property with the stained glass

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sure so then this might be a better view this is that same this is like if you this is the this

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is adjacent to the alley okay i just want to clarify because so like this is where all the

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other neighbors are parking like up against their house in that in that spot okay and also uh there

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is there also street parking uh is there also street parking miss uh siddler in front of the

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house yeah it's a lot of parking covered there on the streets these are twin houses right on this

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block is that the character of these uh houses is that they're twin yeah okay uh the reason why i

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is asking if you're saying there's no parking uh just wanted to put on the record that the

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refusal for parking is missing and if the board grants the request there would be a variance for

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um this parking if um if it is approved

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do you hear that charming there would be i i heard a couple voices i'm sorry could you repeat that

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please sure um you're saying that there's no parking and if that's so i just wanted to note

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on the record that a refusal for the parking is missing so that if the board grants this request

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So that if the board grants this request, there will be a variance.

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There will be a variant for parking.

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For parking that's included in the approval.

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Okay, yeah, but we have parking like on the back, uh, on the back of this house.

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It's like back from other house over there.

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Why should your comments from the virtual audience?

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Yes, chair, um, Alice, you will be allowed to speak.

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good morning alice yeah it's like good morning chairman members of the board alice

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udovich from councilman brian o'neill's office just spell your last name please alice u-d-o-v-i-c-h

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you swear or affirm to tell the truth the whole truth and nothing but the truth alice

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i do please proceed chairman um you can picture the northeast as being built with the end units

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being duplexes however the entire rest of the row are small single-family twins this is a complete

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overuse of this property trying to fit a small apartment in that basement which doesn't even

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seem to be a full sized basement um as you saw from Ron Hurst it was unanimously opposed and

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the councilman um opposes this project as well thank you very much is there anyone else in the

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virtual audience planning commission good morning liz usually on behalf of philadelphia planning

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commission the comprehensive plan recommends no change to the existing rsa3 residential single

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family zoning at this location the appellant has not demonstrated that there are unique physical

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circumstances or conditions of the property that would prevent them from being used in conformance

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with the zoning code the city planning commission recommends the board deny the requested variants

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for a two-family dwelling thank you mi 2025 006 728 1802 kendrick street i vote no michael johns

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my vote is no. Cheryl Gaston, my vote is no. Tanetta Graham, my vote is no. Ryan McAdams,

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my vote is no. Ty Owen, my vote is no. Thank you, counsel. All right. Number five.

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MI 2025-006-615, 1301 North 15th Street. Devin Upta is the attorney.

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Devin Uchtah has been promoted

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good morning board good morning counsel could you please state your name and spell it for the

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sonographer Devin Uchtah UQDAH do you swear or affirm to tell the truth the whole truth nothing

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about the truth i do counsel could you identify your client their relationship to the property

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uh dominic digulio he should be in the audience okay and our vice chair has a few questions sir

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good morning morning have you submitted your documents and exhibits five days in advance of

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