civus
Hearing video

ZBA Hearing - December 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 18, 20247h 42m

yes good afternoon mr how's that computer uh computers doing well thank you can you get it

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bring it up uh okay coming up no well you need to share your screen am i right this is the

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third time we're trying to share the screen sharing now

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please start your presentation okay this is 1500 winsome avenue uh back in 1941 this property was

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built as a two unit duplex the requirement here is to get the property

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since it is no longer under zoning as a two unit it has been used as a two unit for a long long

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a long time as this is the application for appeal this is the supplemental

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application project information form and all the deeds

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now the property as

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property as constructed

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is a duplex it has been since 1941 we have two

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electric supplies we have two heating units separate entrances two heating

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to be set ups and this is the frontage on Linson we have the frontage off of Cornelius

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All right, let's do it.

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And we have 170 waivers who have only been notified multiple times.

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All right, so the property has been licensed by L&I since 2003 for the prior owner, and

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And then the prior builder, the entire area

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was developed as a two unit at the end of the row of houses.

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All information, and the property has been used as two units as built since 1941.

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Every one of the corner properties has been developed as a two-unit property, and a property

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across the street has been a three-unit field by the zoning board, as a triplex,

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Well, you're trying to, yours is a duplex, am I right, Mr. Shermer?

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Yes, this is a duplex.

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This is a duplex, 1941.

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I understand.

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It has been licensed as a duplex from this owner, the prior owner, the prior, prior owner.

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Okay, Mr. Shermer, why don't you bring your client on?

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Bring your client on.

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And if not, Ms. Samuel will raise her hand.

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They've been allowed to speak.

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

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Hello, my name is Lillian.

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My name is Lillian Samuel, L-I-L-L-I-A-N Samuel, S-A-M-U-E-L.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Proceed, counsel.

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Okay.

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Okay.

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Ms. Lillian, are the photos which I have submitted, which your daughter took, are representative of the house as it is?

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They are.

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Okay, so the property was or has been, excuse me for scrolling quickly, but let me go to the interior.

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here so we have the okay so the property has a has two entrances one off of or the property

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Property has a two-car garage.

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Property has an entrance off of Side Street.

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Property has two boxes, two hearings.

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and are all these photos correct yes they are

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okay when the property was purchased that you heard when your husband as far as you know

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when your husband purchased the property was it set up as a duplex yes it was

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did you make any changes to the property

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no changes

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okay for purposes of notice we sent out 100 and I sent out 170 notices to everybody on the list

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okay

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we saw that Mr. Shermer yep yep just making sure and the one uh twist in this hearing is that

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But the RCO, which was pretty much a one-person RCO, which was Isabella Fitzgerald, has passed away.

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So we were unable to set up a hearing with the RCO because the RCO is a single person who passed away.

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But I can't continue.

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I'm working out.

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As of Thursday last week, I found out that Isabella had passed away.

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So I re-sent 170 notices and re-posted the property to invite all the neighbors to come through and deal with or invited all the neighbors for a neighborhood hearing.

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We had no people on Monday, no people on Tuesday.

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the property is one of pretty much every single property in the area was developed by orleans

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homes and they were all developed as duplexes or triplexes the property across the street was

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developed as a triplex you think you've said that a little while back mr chairman and the

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design board actually approved that as a triplex but just to make sure that the Planning Commission

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when they speak on this that the properties in the area pastorious this property specifically

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was previously listed as and improved as a duplex and then previously approved as a duplex and the

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property duplex okay mr mr mr shirmer we know i i think we understand that no and but all the

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properties when these properties when this entire development was laid out all of the properties

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were laid out of duplexes at the end of the world so it's not just pastorious i understand you told

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us mr shirmer you told us that before mr shirmer you told us that before we understand it i know

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i'm just going through that all of the other properties laid out by orleans but i know mr

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shirmer you've said that three or four times now we understand that okay one of you one of your

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summer i'm just putting i'm just putting it in the record pastorius pastorius pastorius hollis hollis

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and the zoning board has previously

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granted variances to legalize

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the property. Mr. Shermer, we know that. Please.

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No. I'm just saying

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it was built into this property. Mr. Shermer, you've told us that

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numerous times. I know.

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This property was built as a duplex in 1941.

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I know. I know that, Mr. Sharma.

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Questions from the board.

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Questions from the board.

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Are there interior photos of the interior of the units or layout of the units?

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Oh, yeah.

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Yep.

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Give me a second.

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Okay, so the outside of the property, unfortunately sideways, but the property is an end unit with a separate entrance.

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So there's no interior. You showed us the outside. Is there anything in the interior to show how the units are laid out?

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mostly focusing on this interior

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Mostly focusing on...

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okay yes the doors are going up okay separate doors separate stairways separate heating units

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it's been this way since 1941

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any other questions from the board

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i just um uh chair i just want to be clear they're asking for a duplex not a triplex correct

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absolutely absolutely but i think his testimony was michael's that when they built this

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development on the other side of the street they put in a couple triplexes is what he said

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okay and that's my question this is this is definitely a duplex okay okay because every

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i got it questions or comments more attorney ilry emberson not at this time mr chair

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questions or comments from the virtual audience

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i do not see any further answers or any commission thank you chairman and good afternoon

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david vecta with the city planning commission chairman and board members the comprehensive

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plan recommends no change to the RSA-5 residential single-family zoning at this location. The city

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changed the zoning maps in this neighborhood in 1969. This property has a documented history as

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two dwelling units. The City Planning Commission recommends that the zoning board grant the

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proposed use variance for two dwelling units. MI 2022-005-549-1500 Winsome Street. I vote yes.

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michael johns my vote is yes cheryl gaston my vote is yes

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tennetta graham my vote is yes i win my vote is yes

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ishmael shaheed my vote is yes thank you counsel

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thank you is there anyone else in the virtual audience whose case has not been called

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i do not see any further answers thanks everyone see everyone at 2 p.m thank you

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good afternoon everyone my name is bill bergman and i will be chairing this afternoon's meetings

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with me is our vice chair ismail shaheed president mr chairman our board member

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cheryl l gaston president mr chairman our board member tanetta graham president mr chairman

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our board member Michael Johns

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and our board member

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Ty Wynn should be here any minute

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also present is our

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attorney Hillary Emerson

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and our executive director Ian Haggerty

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here's our virtual

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format, seatings are being recorded

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with your participation

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you agree to be recorded

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a video will be available by contacting

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ZBA executive director

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at phil.gov

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for our courts and offer we ask attorneys

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and witnesses to identify themselves before testifying.

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If you are participating by phone, press star 9 to 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 the address of the property question.

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

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All questions should be directed to ZBAexecutiveDirector at phila.gov.

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Let's look at our schedule for this afternoon.

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Number one, MI 2024-003-927-5344 Ray Street.

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That case is continued.

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Are there any other requests for continuance?

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Chair, we have David Orphanides with their hand up. I'll allow him to speak.

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Hi, Mr. Orphanides. Could you please state your name as spelled for the stenographer?

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Certainly. David Orphanides. Last name is spelled O-R-P-H-A-N-I-D-E-S.

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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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Is your case 950 Marlboro Street?

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It is.

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Okay. Could you give me an update of where you stand with that?

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sure certainly um we um we met with the coordinating the zoning committee for the coordinating rco on

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october 15th we met with the full community on november 12th we received a number of suggestions

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and requests for things to consider regarding the project um we are going to be we're scheduled to

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So we are going to be scheduled to go back before the zoning committee for FNA on January 14th, and then back before the full community on January 21st. So we're requesting a continuance of today's proceeding to allow that process to play out. And I would imagine we'd be ready to come back before the board sometime in February or thereafter.

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go back before the zoning committee for

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Thank you very much, Mr. Orfinetti. So MI 2024-005-731-950 Marlboro Street, that case is continued. Thank you.

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And number eight, MI 2024-006-029-2218 Rittner Street, that case has been withdrawn.

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we're going to go to our add-ons

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one mi2024004144 2255 north 22nd street

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i vote yes with provisos revised plans one page stamp by stamp by zba on december 18th

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2024. Maximum

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16 dwelling units, no household

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living in the basement.

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My vote is yes with proviso.

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You're on mute.

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My vote is yes with proviso.

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My vote is yes with proviso.

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Cheryl Gaston, my vote is yes

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with proviso. I'm sorry, I was on mute.

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My vote is yes

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with proviso.

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And number three, MI 2024-001-174-1819, Natrona Street, I vote no.

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Michael Johns, my vote is no.

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Carol Gaston, I abstain.

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Bayouin, my vote is no.

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Ishmael Fahey, my vote is no.

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Thank you.

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So, we're going to go to number two, which is a pro se. MI 2024-005-359, 6450 Haverford Avenue. Makamba Kulabali is the owner applicant. It's a pro se.

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there's a recommendation of support from hmc squared the vote was four in support four abstained

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macumba kalubali has been promoted to panelists

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good afternoon could you please state your name and spell for the sonographer

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Are they muted?

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Hi, Makamba Kalabali?

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chair i no longer see him in the virtual audience i'm not sure what happened maybe

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he's having technical difficulties okay so i'll move on to the next case and then we'll get back

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to him. Number five. MI 2024-005-963-5430-44 Paschal Avenue. Frederick Cooper is the owner

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applicant. It's a pro se. Unanimous support from Southwest Philadelphia District Services.

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Council Member Gauthier agrees with the coordinating RCO and supports the requested

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variants to establish a space for individuals with autism.

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Chair, I see no one by the name of Frederick Cooper in the virtual audience.

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Is there anyone here for 5430 to 44 Paschal Avenue? There may sound like someone else

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attended the meeting, but we don't have any proof of lease or anything else like that for another

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applicant. Chair, I have a hand up by the name of Katina Carter Geiger. They have been allowed

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to speak. Okay. Hi. Could you please state your name and spell for the stenographer?

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My name is Katina Carter Geiger, K-A-T-I-N-A Carter, C-A-R-T-E-R, Geiger, G-E-I-G-E-R.

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Where or a firm to tell the truth, the whole truth, and nothing but the truth?

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Where or affirm to tell the truth, the whole truth and nothing but the truth?

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Yes.

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Yes, I do.

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Are you involved in this case?

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Yes, I am.

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Identify what you do there or what your position is?

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Yes, it's my program, and I will be leasing a facility from Frederick Cooper.

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All right.

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