civus
Hearing video

ZBA Hearing - November 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20226h 28m

kitchen, bathroom. Cubbies, and what I'll show you in a sec, we do have security cameras on

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premises. This is our floor plan page 75 of our presentation packet. So initially where we were

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or here doing the photographs that I was showing, this is Washington Lane off to the right here,

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this is Morton Street. So our primary entrance would be coming in through this way up the stairs,

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arts and crafts area is immediately there with office, kitchen, closet storage,

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decent sized daycare area with our sink, daycare slash office area and the changing area which is

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off towards the Morton Street side of the property. Again, as discussed, here's the entrance from

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Morton. Here's our ADA ramp. The building next door is a multi-family structure with apartments

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in it. The concerns of the community were essentially based upon safety of the kids.

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My client Ms. Selman has a history of working in child care. She has another location.

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As I noted at the outset, she's a long-time resident of this neighborhood and frankly of

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this very block so she's quite familiar and she's dedicated to performing pardon me to providing

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rather a daycare that's safe for all the kids in the neighborhood that nobody else has to worry

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about and will be an asset to the community neighbors concerns at our meeting which we held

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on on monday night included um more or less concerns about parking namely there were concerns

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that folks coming to this daycare might be parking in adjacent neighbors' driveways.

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We came to an agreement with a community group that we will be placing signs

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indicating not to park in other folks' driveways.

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Generally speaking, drop-off and pickup hours are not during rush hour peak times,

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and the drop-off and pickup system is relatively streamlined. Ms. Salmon can explain it further

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if necessary. But the parents will come, they get their kid, and then they leave, and that's the

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extent of it. So we try to be cognizant of community concerns. So overall, because this

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will not enter the community, because there is a demand for daycares in the area, there's a lot

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of kids, a lot of families, because Ms. Salland is a long-time resident and long-time daycare

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provider and has the experience and training necessary to do so, we'd ask that the board

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grant this variance as there's a hardship because frankly there's no way that this can really be

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turned back into a single family home at this point considering the apartments above and the

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fact that this used to be some sort of doctor's office so it makes sense if you would continue

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the use of some sort of commercial use uh that's why we face a hardship and that's why i'd ask this

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board to grant a variance uh we're happy to build a building you want to have your client come on

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and you're going to adopt your testimony can be adopted sure miss salman if you're present would

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I heard your testimony can be adopted.

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Sure.

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Ms. Salmon, if you're present, would you please raise your hand and ask to be unmuted?

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Would you please raise your hand?

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Ma'am, please unmute yourself.

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You're free to speak.

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Great.

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

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Yes.

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My name is Bernisha Salmon.

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That's B-E-R-N-I-S-H-A.

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Last name Salmon, S-A-L-M-O-N-D.

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Right.

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

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yes sir hi proceed council okay miss salmon you've heard my testimony today yes and uh is there

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anything you'd like to add to my testimony um no okay no thank you and you're satisfied with my

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testimony it would be uh your testimony if you were to testify today as well yes sir and you

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fully adopt my testimony as your own correct yes correct great i don't have any other questions

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for you all right questions from the board no mr chairman no mr chairman no mr chairman all right

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questions mr chairman this is mr chairman this is hillary i just have a quick question for mr

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mulvihill um with regards to the proviso that was suggested by the rco is the applicant

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in agreement with that proviso if the board should decide to grant in this matter which which element

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specifically i think oh i apologize there were two the one that was enforceable would be the

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access point for the child care facility from the morton street entrance right so we we need

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to keep the second entrance open because it is ada but the primary entrance is going to be here

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along washington lane as there were concerns from neighborhood residents about using morton

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street as the primary entrance due to the fact that there's a residence next door

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and due to traffic concerns on morton street so this will be the primary entrance we don't have

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a problem with that but we will have to use the secondary entrance for ada purposes from time to

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time because the the rco asked for the to use primarily the morton street entrance

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they must have typed that backwards because that is not what was suggested during the meeting by

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Okay. Okay. Maybe there'll be somebody on when we get to the virtual audience. Okay?

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Okay. Thank you.

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Questions or comments from the virtual audience?

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Chair, we have Charles Richardson.

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Good morning, Mr. Richardson.

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Good morning, Mr. Chair.

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Charles Richardson from the Office of Councilwoman Cindy Bass, room three.

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Oh, I forgot we moved. 503 City Hall.

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Okay. Do you swear for them to tell the truth, the whole truth? Nothing but the truth.

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I do. Just with regard to that proviso, the RCOs after the fact did come up with that.

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They looked at the entranceway on Washington Lane as being very problematic because that is a state highway

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and very highly traveled. So, you know, if people are double parking things along those lines,

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it will cause some confusion. That's why they said that they would prefer to have

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the primary entrance on Morton Street where there is ADA and also that was the main entrance to the

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doctor's office as well. And again, we have no position on it other than I just want to make

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that clarification. Oh, Mr. Richardson, just so I'm clear. So during our meeting, we discussed

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having the primary entrance be on washington that switched after we left yes sir okay cool

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that's why the letter is different than what i remember thank you okay okay all right is there

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anyone else in the virtual audience i see no hands chair planning commission thank you chair bergman

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ian hegarty for the philadelphia city planning commission board members the comprehensive plan

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recommends no change to the existing rsa3 single-family zoning at this location however

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this property was converted to a medical office in 1952 and established as a legal non-conforming

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non-residential use this proposed use we feel is consistent with the configuration of this

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existing building and so the city planning commission recommends that the board grant

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this variance thank you and um mr mobile are you comfortable with that morton street entrance

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I am. If we could have my client unmute just to verify that. Ms. Salmon, would you please raise

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your hand and unmute yourself just to clarify that since that is different than what we initially

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discussed? Yes, that's perfectly fine. That's perfectly fine with me. Great. Thank you. Thank

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you. MI 2022-000-908-6302 Morton Street. I vote yes. Proviso. Primary access to the child care

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Primary access to the child care facility will be from buildings, Morton Street entrance.

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facility will be from buildings more

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Harold Tineri, my vote is yes with proviso.

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Thomas Holliman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you, counsel.

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So, number six, MI 2022-003386-2701 Oakford Street.

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It's a pro se.

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Jerry Janjigalino is the owner.

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Letter of support from resident organized for advocacy and direction.

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he's been promoted to a panelist hi sir could you state your name and spell for the court reporter

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oh um i apologize can you hear me that's fine just just state your name and spell for the

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court reporter please uh jeffrey jan julio uh g-i-a-n-g-i-u-l-i-o it's a mouthful all right

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

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you're the owner of the property sir i am our vice chair has a few questions okay hi good morning do

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you agree to wave the reading of the refusal and stipulate to its accuracy yes have you emailed

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Zip a packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing.

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And have you met with the RCO?

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And do you have a letter?

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Yes, I do.

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Okay, great.

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You may proceed and begin sharing your screen.

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Carol, do me a favor.

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Carol, read the request.

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The capitals, capital letters.

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Wait a second.

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which capital letters where we're on number so i'll do i i have it this application is for the

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visitor's accommodation in existing structure the proposed visitor's accommodation is prohibited

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in the zoning district rm1

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i saw that i apologize no no no get out of here not to apologize

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let's proceed sir okay yeah let me share my screen

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all right can you see my screen we can awesome thank you so much so um yes my wife and i bought

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this property back in 2018 and um we do short-term rent the property uh most of the people we try to

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rent to are from CHOP and Penn is really the tribe that we go for. So I know there's a lot

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of mixed emotions about this. A lot of people don't want it. A lot of people do. All I can do

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is basically give you all the issues that I see. And over the years, what we learned to

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fix these issues. So again, it's really to provide a safe place for guests to go who are going to

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hopefully chop and pen, bring local revenue to the local businesses. Our cleaner is actually

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local in Grace Ferry. We also, so is our maintenance man. And we call out a lot of the

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stores, like the corner store with people to our future guests. So I know, again, our goal is to

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respect the community by avoiding parking, XX noise, parties, and trash. The issues that come

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with short-term rentals. So how do we do that? And I'll tell you, it was a learning process.

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In the beginning, it was a little rough, but we've learned. And so we screen people very thoroughly. There's certain things, if they book the maximum amount of people, if they book zero in a house that fits eight people, then it's immediately going to draw the flag.

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And if that flag is raised, we actually, well, we do make everybody put in writing.

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I understand if outside cameras, neighbors, or hosts detect more than X amount of people, they're going to be kicked off the property.

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And also, I wanted to explain parking.

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Hold on.

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So with parking, if we don't continue short-term renting this, odds are we're going to rent it to college kids probably because it's furnished over 30 days, probably three months at a time.

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Most of our guests bring one to two cars.

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This is what I explained to the community.

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With the college kids, they're probably going to bring four or five cars, most likely.

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So as far as the party avoidance, we put in a noise device.

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When it's over a certain threshold, it alerts us.

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When it's over a certain threshold, it alerts us, and we immediately tell the people to turn it down.

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And we immediately...

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If they won't, we're going to have to call the cops.

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So as far as safety, you can tell this is in our first rodeo.

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We really worked on making sure everything's in place.

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But we have door codes that are only good for the person when they check in to when they check out, and then the code changes.

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We have cameras. We don't want random people going back in there and doing anything unlawful.

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For trash, we ask our guests to take out the trash. We also have the cleaners take out the

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trash. Should that not happen, we partner with a company called Raging Raccoon to handle the trash.

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And again, here's our target audience and why we love doing this. This is, I don't know if I can

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move this over here. This is from one of our guests recently, and she heard that they were

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shutting down short-term rentals um she says it really puts a damper on where people can stay

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her granddaughter's in isolation uh will be for the next one to two months she can't stay in big

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buildings or hotels and that's that's kind of the situation we run into a lot um so again we're

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trying to do this safely properly and not just you know run run rampant and uh and that's about

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it so and we're been doing this since 2018 so questions from the board no mr german i've been

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doing this in your license to do it what's that are you licensed are you licensed to do this since

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2018 so we have a rental license um they have not actually yeah we have a rental license basically

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Now, this whole visitor accommodation is new.

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Mark Squaila put it in and it's supposed to go in the place January 1st.

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Anyone else from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Okay.

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Let me do that one more time because there was someone there.

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here we go we have mary jameson okay

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ma'am please unmute yourself hi could you state your name and spell the please for the court

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reporter my name is mary jameson j-a-m-i-s-o-n right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth i do proceed

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i don't like the idea of having this um

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this station put here on bring her street this is a residential block

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ma'am ma'am hold on hold on i think i think you have the wrong case

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this is oakford street

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oh i guess i have the wrong case that's fine thank you ma'am thank you is there anyone in

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audience who has any comments for 2701 oakford street i see no hands chair planning commission

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thank you chair bergman ian hegarty for the philadelphia city planning commission

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uh board members the comprehensive plan recommends a zoning map amendment from rm1

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to rsa5 at this location uh we do appreciate the steps this appellant has taken to minimize

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impact but at the end of the day we don't believe this appellant has shown a hardship

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to establish a hardship the code requires the appellant to show that the building cannot

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reasonably be used as required by zoning the appellant has not shown that anything's preventing

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them from using this unit as a dwelling unit rather than as a hotel room so the city planning

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commission recommends that the board deny the variance if the board's inclined to grant we

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recommend a proviso limiting the term of the variance to two years. Thank you.

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Mr. Chair, we do have the other individual who called in previously with their hands up now.

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Okay, good. Good. Okay. Mr. Chair, may I ask a question real quick before you go over?

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Wait, wait, wait, wait. I have one more person to testify. Am I able to rebut this person?

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Because I have... Just wait a second. Okay. Ma'am, you're free to speak.

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hi state your name again my name is shola all right and i already swore you in but

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state you spell your name one more time for the court reporter s-h-o-l-a last name is o-l-u-n

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l-o-y-o all right proceed testify for the last three years i am the person most directly affected

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by this property as i am next door i've had a recurring problem of various kinds with the

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owners who have been basically operating in an extremely bad place.

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Issues from sanitation, trash,

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