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Hearing audio

ZBA Hearing - August 26, 2026

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

what the basement looks like you can see it's it's not fitted out for anything other than storage and

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washer and dryers this is the bedroom that's in the property or for that unit and that's the

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stairway in the main living area down to the basement um this is the second floor you go up

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to the second unit you come up to the landing with the i'm going to come back to those other photos

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but you come back to this is the main area you have your washer and dryer living room kitchen

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bathroom is upstairs and these are the two bedrooms so you have um you know it's it's

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over 1400 square foot of space if you include the storage in the basement 1400 if you don't

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and we're only putting two units in it this layout is substantially similar to the floor plan

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that was already there and my clients clearly have painted put in some new appliances new

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flooring that sort of thing so let's talk about what this building was before oh and I just wanted

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to note that both units have access to the rear area where the trash can be stored so they would

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and with a gate on the side so they could take the trash out on trash day um so there is a plan

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for trash storage um this property has historically always been two units or has been

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This property has historically always been two units or has been at least where I can tell for the past 90 years.

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The most recent permit, so the permits variances date back to 1936 to have two units here.

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It was at one point commercial and residential.

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The last known zoning permit here is from 1972, where you can see there was a beauty salon and then a residential unit.

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um this same family has owned this property from 1972 until my clients purchased it

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in November of last year and at some point as far as I can tell between 1972

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and 2007 they converted that bottom unit to residential so this is as far back as I could

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find an image and you can see this isn't a beauty salon anymore it's a residential unit

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2015 again substantially similar residential unit so but clearly the

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prior owner never obtained the permits to do this which is why we're here

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because my client went to go get their rental licenses and no dice so the city

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is and also there's further proof that the the building has been two units the

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city actually has it on record they're charging the commercial trash pickup

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already for it as two units if we can get to hold on one second let me get to the right page i didn't

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mark that you can see they have a commercial trash fee so there's there's a documented here use of

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two units like i said this this unit is zoned for multi-family family use so you know it's presumed

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that this is an okay use in the area and even this RSA 5 parcel across the street is a 30-unit

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apartment building right now. So we're on a busy street, Christian, we're in multi-family zoning

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with historic use of numerous units in the building. Why we got the refusal is, as you know,

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the number of units isn't determined by the building size, it's determined by the lot size.

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So, depending on whether you go with L&I or the tax records, we're 38 to 88 square feet

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too short for two units in this building.

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So if the rear yard was a little bit bigger or a little bit wider, we would be good to

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go.

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But again, we do have a fairly large building on this corner lot, it is a corner and it

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does have this documented use as two units commercial and residential and now we're just

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looking to permit those two residential units, which will actually be a decrease in the intensity

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of the use of this property. The use is consistent, like I said, with the rest of the neighborhood,

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which is zoned for multifamily and should have a really minimum impact on the expected density in

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this area. Because like I said, it is a corner lot. We are in multifamily zoning. There has been

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a documented use as either mixed use or two, just two units, whether commercial or residential

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for at least 90 years here.

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I will also note that there's a large community garden on this block that further reduces

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any expected, like further reduces the density on this block.

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So that little bit of short space has less of an impact because of that dedicated, as

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you can see, it's zoned for that too, the community garden on this block.

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We met with the neighbors, he said he had a letter of support.

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I think they understood that this has been two units for a long time.

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And my client anticipates, you know, finishing up the permitting process and getting two

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people into these pretty nice units to go ahead and get this building back in use.

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So why don't you bring your client along?

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Absolutely.

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Maylee, can you raise your hand?

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do we see a hand yes i just promoted miley thank you very much but she has declined the

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the promotion hi maylie can you can you accept the promotion please

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she should be coming in now thank you

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hello hi could you please state your name could you please state your name as bell for the

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sonographer uh hello my name is maylie lie m-a-i-l-y and last name lai you swear or affirm

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you swear or affirm to tell the truth the whole truth and nothing but the truth yes council great

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to tell the truth the whole truth and nothing but the truth yes

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um did you hear my testimony here today and believe it to be truthful and accurate

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yes and would you adopt it as your own yes and i just wanted to confirm a few things with you

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um this was separated into two units when you purchased it correct

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yes all right that's all i wanted to say questions from the board

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questions from our attorney no questions at this time questions from the virtual audience

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there are no hands planning commission good afternoon liz fuselay on behalf of the

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philadelphia planning commission the comprehensive plan recommends no change in zoning to the

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existing rm1 residential multifamily zoning this location there is a documented history

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of a commercial use on the ground floor level conversion of the commercial use to residential

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brings the structure in line with the comprehensive plan the city planning commission recommends the

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board grant the requested variance for a two-family resident mi2026-001-784-844 south

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third street i vote yes michael johns my vote is yes cheryl gaston my vote is yes tenetta graham

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my vote is yes ryan mcadams my vote is yes hi i win my vote is yes thank you council thank you so

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much all right number 16 mi 2026 002 141 50 70 parkside avenue to tamika mccoy is the attorney

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the letter of support from parkside association of philadelphia

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tamika mccoy is rejoining as a panelist thank you you're welcome

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She's coming in now.

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Thank you.

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I'm promoting Ms. Mukherjee.

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McCoy, but it doesn't seem to be working. Can somebody else try?

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Tamika? Yes, I'm here. Oh, okay. Good afternoon. Good afternoon. Could you please,

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I just saw a beach scene. I thought I was like on vacation for a minute there.

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

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sure tamika mccoy t-a-m-i-k-a last name is m-c-k-o-y you swear referring to tell the truth

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the whole truth nothing but the truth i do would you identify your client and the relationship to

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this property sure i represent filthy business and technology center marjorie oglesby is the

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uh ceo and the representative that will participate here today okay our voice shares a few questions

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

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this hearing yes i have okay and this is a referral so do you waive the reading of the

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referral and stipulate to its accuracy yes thank you can see your screen and present your case

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thank you I am

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to make it to make it to make it make it off yeah oh to make a business and technology

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settle it is are to make it you keep going in and out yeah there's something wrong there's

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something wrong with your computer i think okay try again okay let's try this one more time

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Okay. Can you see my screen?

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okay can you see my screen i see your screen

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I see your screen. Yep.

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Okay. So what I'm showing are the interior photos of the Philadelphia Business and Technology Center.

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It is a 300 located in West Parkside Business District that is adjacent to the Mann Music Center.

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um what we have is the sixth floor

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and we're losing you again to make it to make it we're losing you now we can't hear you

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yeah make it do me a favor turn your system off and come back in

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yeah this is a terrible connection

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Tameka. Hello, I'm here. Okay, so we're losing you. We think you should shut off and come back in.

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You. Sorry, this is Executive Director Haggerty. Tameka, I'm sorry, the connection that you have

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is not strong enough. When you start showing your screen, it causes a lag and the board's not able

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to hear what you're saying so I think you're going to need to have a stronger connection

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to the internet in order to be able to present

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okay very well what I'll do maybe I can walk through since we've already submitted the materials

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and I can walk through and address any concerns that you may have without sharing my screen maybe

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that will expedite the circumstance but essentially what's being proposed is using a sixth floor of a

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commercial building that is existing as a event or engagement space essentially to have networking

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or fundraising kinds of events it's anticipated that it will be professional in its setting

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the approximate capacity that we are seeking is for 432 occupants, though the space is 8,913

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square foot in total area. A good portion of that is to utilize as storage for tables and chairs

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and that sort of thing, so the usable space we only anticipate essentially approximately 431

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occupants in this particular location. There are 250 secured parking spaces, 200 immediately

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attached to the facility that has an armed guard, well not armed guard, but a guard that allows

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people in and out of that location. And then adjacent is another location with an additional

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50 spaces. There are two stairwells for egress that's built into the structure that's currently

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zoned CMX 3, and there's also a public elevator. In addition to that public elevator is a freight

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elevator that's used only by the internal staff, so there's essentially four means of being able

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to access this space three of which which are going to be used for the public there are three

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bathrooms two are in the hallway one is in the actual space in and of itself

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um and that is the actual proposed use it's my understanding that the community

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is in support of the use of this project for the commercial space

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to be used as an entertainment center, there were 507 effective neighbors, and no one has

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expressed any opposition to the proposed use. And at this time, I would like to have Ms. Marjorie

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Ogilvie admitted for purpose of addressing any questions the board may have. Thank you.

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It should be noted that this is a family-owned and operated commercial structure that's been

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in operation since 1988.

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Marjorie Ogilvie is coming in as a panelist.

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Okay.

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

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State and spell your name for the stenographer.

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It's Marjorie, M-A-R-J.

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It's Marjorie, M-A-R-J-O-R-I-E, and Ogilvy is O-G-I-L-V as in victory, I-E.

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

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Yes.

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Counsel.

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Ms. Ogilvy, did you hear the testimony that was provided to the board today for the Business and Technology Center?

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Yes.

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and if you were asked those same questions uh is it accurate in its representation in terms

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of the intended use yes i would submit and address ask the board for any questions all right

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um questions from the board i know just to just to comment i actually thought this was always um

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the zones as such i've been to a number of events there fundraisers and the like so i never knew

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that it wasn't but it's it's it's a very useful space and i know a lot of the community folks and

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local politicians use it yeah it's a beautifully done artistic space and it presents very well so

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it is anticipated to host intimate gatherings in a professional setting all the questions

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yeah i have a question so um you said this is the the space is on the sixth floor yes it is

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okay thank you questions from our attorney no questions at this questions or comments

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from the virtual audience no hands chair planning commission good afternoon liz fuzely on behalf of

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the philadelphia planning commission the comprehensive plan recommends no change in

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zoning from the cmx3 commercial mixed use zoning at this location granting the special exception

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will not have a detrimental effect on the surrounding neighborhood beyond what might

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be expected from the proposed use the planning commission recommends the board grant the

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special exception for the proposed event assembly facility

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we want six floor only okay mi 2026 002 147 50 70 parkside avenue i vote yes with proviso

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sixth floor only michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso tenetta graham my vote is yes proviso ryan mcadams my

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vote is yes with proviso hi when my vote is yes with proviso thank you counsel thank you

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is there anyone in the audience whose case from 9 30 a.m has not been called i see no hands

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okay um see everyone at uh 2 p.m thank you all for uh working today we got a lot accomplished here

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and see the board members at good afternoon chair this is dana dabney and i will be your

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co-host this afternoon how many people in the audience

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good afternoon everyone my name is bill bergman and i will be chairing this meeting of the

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philadelphia zoni board of adjustment with me is our vice chair tenetta graham president mr

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chairman our board secretary charl l gaston president mr chairman board members michael johns

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present mr chairman iowen president mr chairman ryan mcadams president mr chairman also here's

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our attorney lynn reuter uber and also our executive director ian haggerty and our board

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board administrator lakeisha dandy this hearing is being recorded and will be posted on the zba

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website by participating you consent to be recorded this is an in-person meeting with

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remote participation whether in person or on zoom if you are called to speak please state and spell

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your name then wait to be sworn in after being sworn in state your name each time before testifying

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to enter your appearance indicate the property address on the zoom webinar speak with a staff

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member call this eBay office by the close of business tomorrow at 215-686-2429 and provide

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your name email and the address and the case address remote participation raise your virtual

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hand when directed to speak when we call upon you make sure that you click the join as a

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a panelist button, use the Q&A, and only for procedural questions, not for case information.

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If you are joining by phone, press star nine to raise your hand and star six to them.

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

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In-person participation.

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If testifying, get close to the microphone so that all attendees and also the court reporter can hear you.

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No talking, eating, or drinking during the hearing.

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Aggressive behavior will not be tolerated.

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In an emergency, follow instructions of the staff members.

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the main exit is the two double doors at the rear and this nearest stairwell is to the left

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in an evacuation go to love park and please remain here so that we can account for you

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so let's look for our schedule for this afternoon number one 1134 samson street which is mi

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2026-001-075. This case is continued until 1021 at 2 p.m. Number 10, 3017 Germantown Avenue,

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which is MI 2026-002-452. This case is continued until 1021 at 2 p.m.

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is there any other requests for continuances

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i see no hands chair okay um let's go to our add-on list number one mi2026 001 772 905 south chalet

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Street. I vote yes, with proviso. Revised plans, one page, stamped by ZBA, August 12, 2026.

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Michael Johns, my vote is yes, with proviso. Cheryl Gaston, my vote is yes, with proviso.

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Tenetta Graham, my vote is yes with Proviso.

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Ryan McAdams, my vote is yes with Proviso.

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