civus
Hearing video

ZBA Hearing - May 22, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 22, 20244h 46m

but really easily accessible to the whole city of Philadelphia.

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And there are no indoor pickleball courts in the city, despite the tremendous popularity of it.

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So, you know, we think people are going to be very excited about this.

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We are including a bar and a lounge area because, as we've seen in other projects and other markets, people really do enjoy socializing, you know, during and particularly after all of these sports.

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And we know Philadelphians love sports as well, so we're going to do a nice sports bar that overlooks the turf field, and we'll have a secondary bar on the second level so people can enjoy food and drinks while they're playing golf or having events.

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enjoy, you know, you know, food and drinks while they're playing golf or having events for around

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pickleball or the Padel. And David, naturally, you and the land are aware of your use and

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their residents there, but neither perceive any conflicts or adverse impacts? No, I will actually

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say the residential building operators can't wait for us to get in because they think this will be

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the the best amenity ever for their uh for their uh residents great thank you um what would be

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and and my uh statement about the occupancy was accurate correct yes sir um yeah anything you

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would like to add from the days and hours of operation that would be relevant i mean i think

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our our view is it will be open from you know generally during the week 7 a.m until you know

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10 or 11 at night and then you know perhaps a little later on thursday friday saturday

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um if there are you know events or you know special events going on it could go you know

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to midnight or so but not a late night place for sure great thank you david mr chairman that's all

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i have all right questions from the board no chair this is emily persico um i don't have a question

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more of a comment i wanted to disclose that i'm a member of fish town neighbors association

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but i have not been involved in activities related to this matter and my

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capacity as a member thank you very much emily questions or comments from our attorney hillary

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emerson i just wanted to clarify one thing um and i apologize if i missed it david goldstadt

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was he from the owning owning entity or proposed operator yes okay are you representing the

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owner in this case or the tenant both both okay all right thank you you're welcome questions or

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comments from the virtual audience yes mr chair i have a robert everett with their hand raised i

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have allowed them to speak at this time robert i think i swore you once today didn't i yes you did

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this morning just just sure just for the record just identify yourself please sure first name is

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robert last name is everett e-v-e-r-e double t please proceed sir okay uh just here to support

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uh mr patterson and his clients it was a well-attended meeting that was overwhelmingly

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supported by the neighbors and we did discuss the the concern that's listed in our letter

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regarding the variance so i would assume it would be similar to the one we did this morning on

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Dover Avenue prohibiting

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club and the other thing.

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Okay.

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Mr. Everett, thank you again for calling.

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We appreciate it. Is there anyone

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else in the virtual audience?

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No further hands, Mr. Chair.

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Planning Commission.

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Amy Boyd with the Planning

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Commission. The comprehensive plan

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recommends no change to existing

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CMX3 commercial mixed use

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zoning designation at this location.

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The proposed use is consistent with previously approved uses.

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Planning Commission recommends that the Board grant the requested variances for assembly and entertainment.

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MI 2024-001-939-1325 Beach Street.

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I vote yes with proviso.

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Nightclubs and public entertainment venues use is prohibited.

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Ishmael Shaheed, my vote is yes with proviso.

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Emily Persico, my vote is yes, with Provisors.

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Thank you, Counsel.

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Great. Thank you so much.

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Is there anyone in the virtual audience whose case from 2 p.m. has not been called?

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No, Mr. Chair, I do not see any further hands.

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Okay, we're going to take a five-minute break, then we'll come back, and we're going to do the 3.30 list.

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Thank you, everyone.

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Understood. Thank you.

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Good afternoon, everyone. My name is Bill Bergman. I will be chairing the 3.30 meeting.

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With me is our Vice Chair, Ismael Shahid.

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Present, Mr. Chairman.

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Our Aldous Board Member, Emily Persico, from the Division of Development Services.

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Present, Mr. Chairman.

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Also, here is Hillary Emerson, our Attorney, and Tanya Sunken, our Executive Director.

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Here's our virtual format.

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Proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting TanyaSunkett at phil.gov.

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For the sake of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9, raise your hand, and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and address of the property in question.

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Leave your email address and the address of the property in question.

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And finally, the question.

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And finally, the question box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sump.

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Let's look at our schedule for this afternoon.

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Case number two, MI 2024-000076-336-38 Maple Lane Parcel A, and also case number four, MI 2024-000102-736-38 Maple Lane Parcel B.

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both cases have been continued. Number six, MI2024-000105-1328 West Clearfield.

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That case has been continued. We're going to go to our regular list. We're going to start with

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number seven. Mr. Chair, can we ask you if there are any other requests? I do see another hand

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Okay. Are there any other requests for continuances?

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I'm sure I have a hand up from a number ending in 0641. I will allow them to speak at this time.

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Okay. Thank you.

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Person at 0641, please unmute and wait to be sworn in.

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

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you're breaking up you have a

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hold on you have a couple devices on

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you have to shut one of your devices off

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hi could you please state your name and spell for the stenographer

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m-a-r-l-e-n-e price p-r-i-c

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You swear or for him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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What case are you interested in?

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The building at 2707 through 11 Federal Street.

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I'm getting ready to call that, ma'am.

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Are you one of the owners of that property?

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No.

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Okay.

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I'm a neighbor.

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okay that's okay that's going to come up in about maybe 10 15 minutes okay

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okay thank you thank you ma'am thank you for calling okay anyone else in the first audience

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i do not see any further answer mr chair so number seven mi 2024 000442 1209 south 18th street

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Edward Ruan and Melissa Repco are the owner applicants.

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It's a pro se.

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They'll be rejoining us, panelists, soon, sir.

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Okay.

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Hi.

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

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Yes, Chairman.

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My name is Melissa Repko, M-E-L-I-S-S-A, last name Repko, R-E-P-K-O, and my husband,

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Ed Rewan, will need permission to join as well.

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

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I do, Chairman.

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Are you going to do the testimony?

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My husband and I were planning to do it together.

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He has the form and the paperwork.

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Okay, fine.

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Is he?

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He is on, I believe.

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Okay. Do we see another hand?

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They've been promoted to panelists as well, Mr. Chair.

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Okay. Sir, could you please state your name and spell for the court stenographer?

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Yes. Good afternoon. My name is Ed Ruan, E-D-R-U-A-N-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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I do.

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Okay. So first, you have a letter of support from the East Point Breeze neighbors and requests for temporary variance ranging from two to three years, right? And that this application is for use as a visitor accommodation in apartment B in an existing structure. The proposed use visitor accommodation is prohibited in the RSA 5 zoning district. Our vice chair has just a few questions for you, sir.

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Done.

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good afternoon sir have you emailed in all the required documents and exhibits that is needed

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and required to proceed with this case five days in advance of this hearing i have thank you please

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proceeding through the screen.

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you were up and go back again

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there you go you're up yeah are you are you seeing the uh the refusal or are you saying

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i do see the refusal sir okay perfect so yes this is a uh this is a request for visitor accommodation

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in a residential zoning district.

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We had opened up an apartment of ours on the premises

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for use as a short-term rental in 2019.

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We've been operating for the five years since

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with no issues, hosting over 320 visitors over that time.

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We are not requesting any physical changes to the property.

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the variance is requested to remain in compliance with the short-term rental regulations that were

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introduced in 2021. As you mentioned, we do have, excuse me, we do have support from the East Point

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and Breeze Neighbors Association, near neighbors overwhelmingly in support. Overall, the vote

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total 2325 in support of the project this is just presented last week and um i would uh

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i don't know melissa do you have any other things that you want to to add mr mr rouen what i would

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do if i were you i would show pictures of the property absolutely and do uh so here we have

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of this is I have some some pictures in the in the the evidence of our zoning notice posted here

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this is the the front of the property fronting southeast street you can see this is spanning

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two former lots that were combined in 2019 the apartments are on the the corner side which is

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fronting uh this side here which is uh on the northeast corner of uh south uh southeastern

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street and manton street uh with a separate entrance for the the apartments uh on that side

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apartment b is a standalone uh apartment two bedrooms one bathroom um

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so as you can see this is a completely um separate from uh our dwelling unit we do live

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within the building on the first floor and uh the the uh the half of the building that was

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created so so to the chairman and the board we did when we purchased this property we did come

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in front of the board to combine the two units into one triplex we see received approval for

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the variance at that time also at the time we worked with the the city to create an aka for

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this lot with a separate entrance, 1739 Manson, and then as my husband shared, we've been operating

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for five years, and the hardship with this change, because we have been operating this so long, it

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will be an impact to our ability to pay our mortgage, as well as support the schooling needs

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for our special needs son, which was part of the reason that we went the Airbnb route in the first

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place was the supplemental income. Melissa, it's only, you're only requesting this for apartment

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B, am I correct? Correct. Correct. Airbnbs are a lot of work, sir. And we are running this as a

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family. So we have enough laundry already. Good. Good. All right. Questions from the board?

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No, Chair.

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no mr jay questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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yes mr chair i have oran pollock with their hand raised i have allowed them to speak at this time

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Sure.

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Hello, this is Oren Pollack.

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

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Sure.

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This is Oren, O-R-E-N, Pollack, P-O-L-L-A-K.

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Right.

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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, sir.

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Mr. Pollack, are you a neighbor?

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Yes.

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Please proceed.

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I'm a neighbor.

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I'm at 1711 Manton Street.

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that's on the 1700 block of Manton Street, where the majority of the frontage of this unit is

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located. I'm also the block captain for the 1700 block of Manton Street, as well as a Democratic

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committee person for the district that includes this block. I, as well as the majority of the

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The majority of the other near neighbors do support Ed and Melissa's application to continue using this unit as a short-term rental unit.

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other near neighbors, do support Ed and Melissa's

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There have been other short-term rentals on the block that we have not supported their continuance as such, and several have opened and closed over the last several years.

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But Melissa and Ed have been very, very responsible owners of this unit, and we just support their application without any temporary restrictions.

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Thank you.

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I noticed, and I did notice as well from this, from these Point Breeze neighbors report here that there were, it does seem from here that there were two near neighbors who were opposed.

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Neither of them have voiced their concerns to me directly.

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Okay.

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Mr. Powell, thank you for taking the time to call.

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So we appreciate it.

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Is there anyone else in the virtual audience?

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Yes, Mr. Chair.

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Sarah Blitzer, I have allowed them to speak.

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Okay.

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

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My name is Sarah Blitzer, S-A-R-A-H-B-L-I-T-Z-E-R.

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Do you swear or affirm to tell the truth, the whole truth, and they'll see you about the truth?

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