civus
Hearing video

ZBA Hearing - February 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 23, 20224h 10m

if you want again, but didn't want to come up

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the first time.

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Yeah, so.

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But we're using the shed only for, we do hobbies.

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So we're using it for storage for a lot of hobby stuff.

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That's about all we're using it for.

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There's no power, no plumbing.

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It's just a check, I can't hear you.

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Questions from the board, please.

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Yes, Mr. Chairman, did you get a building permit?

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Yes, I submitted for a building permit.

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That was the first one I put up.

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I can put it up again if you want.

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I believe it was this one right here.

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You would have to share the screen again.

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oh okay hold on let me do this

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can you see it yes thank you

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okay any other questions from the board

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no mr chairman no my questions in the virtual audience yes sir

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I see no hands at this time, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Chair, if I could just clarify for the record, because I wasn't exactly clear on the zoning board history on this case.

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Was there a prior approval granted for a structure of this size?

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Yes.

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Okay.

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Right. And and then that and that structure was built, but there was a building code violation that was found.

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And so the L&I is asking for the zoning permission to be renewed. Am I summarizing that correctly?

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What it was is the I built a breezeway from the shed to the house.

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When I went to the zoning board, I I was close to my neighbor's property because my house is right against my property line.

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and they wanted me to because of the section that was close to my neighbor's property they wanted it

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to go a uh to call it rain gutter that went into the water solution okay but now that i've taken

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that part down now it's just a shed that's basically seven feet off the property

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that's why he made me he told me i had to start all over again because i took that part of it down

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and it didn't meet what everything else was but the everything else was approved before size of

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the shed where it was located thank you i thank you for confirming that i just wanted to make

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sure that was clear for the record members of the board the comprehensive plan uh recommends no

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change to the residential single family zoning at this location given the prior approval for

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the shed by the zoning board. We have no objection to this variance. MI 2021-004-056-5927

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Hagerman Street. I vote yes. Carol Tenere, my vote is yes. Thomas Holloman, my vote is yes.

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Jane Snell, my vote is yes. Mr. Shahid, my vote is yes. Thank you, Mr. Hadley. You're approved.

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Thank you, sir. Thank you, panel.

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MI 2021 004353618 Washington Avenue.

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Passion Civic Association, Letter of Non-Opposition.

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Councilman Squill, Letter of Non-Opposition.

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Attorney Michael Mano.

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Mr. Mano is coming back in as a panelist now.

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Chair. Mr. Mano, state your name and spell for the court reporter, please.

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Excuse me. Sir, you need to unmute. Unmute, please. Unmute. Bottom left. Sorry about that.

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My name is Michael Mano, M-I-C-H-A-E-L-M-A-N-N-O.

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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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I do.

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Our vice chair has a few questions for you, sir.

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Yes, ma'am.

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Mr. Mano, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do with one minor correction.

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On the code table 148025, under reason for refusal, it states that.

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And under reason for refusal, it states that there is a required minimum of 214 accessory off-street parking spaces.

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And I just wanted to clarify that we only ever had 135 spaces.

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Okay. And you can explain that when you're presenting.

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It appears that you've presented all, mailed in all the required documents. Is that correct?

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That is correct.

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Thank you. You may proceed.

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Okay, Board, we are applying for a variance to the two code sections referenced in the notice of refusal.

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This is a commercial condominium shopping complex.

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We were sued by a...

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I'm sorry, Mr. Mano.

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Mr. Mano, Mr. Mano, do me a favor. Could you show this up on your screen for us?

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What's that?

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could you you have this on a computer right yes so could you could you we wanted you to share the

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screen with us okay so when you talk we're going along with you right okay sure

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so what would you want me to go through each of the exhibits um so Mr. Mano if I could ask

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do you have your full exhibit package available on what you're utilizing a computer maybe I do

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And if you could, open up your documents or your exhibit package, press the green share screen button at the bottom of Zoom so everybody here can see your presentation package.

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Okay. Let's see here.

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Let's see pictures.

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Are your packages open, you said?

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Well, I go into my files, and I have a file with all of the exhibits.

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Okay, so you could open that, then hit the green button.

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Are you using a regular computer?

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I am.

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And then if you see on your Zoom, at the very bottom, it should be a green button that says Share Screen.

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Yeah.

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And if you click that, then click on the documents to share.

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It'll come up for everyone here to see.

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Okay.

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I do have the manager of the architectural firm that's going to testify, Michelle Kleschick, and she might be, we spoke prior to the hearing, and she said that she would, Michelle, can you hear me?

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She said she would help with the presentation of the exhibits.

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We have a Carolina Pina, would that be the person?

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Yes, she works for that architectural firm.

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Okay, staff, if you could promote her to panelists, and Chair, if you wish, allow her to share her screen.

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She's coming back in as a panelist now.

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And Chair, you are muted.

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

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Okay.

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Good morning. Could you state your name and spell for the court report?

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Yes, Michelle Kleshek, M-I-C-H-E-L-L-E, Kleshek, K-L-E-S-C-H-I-C-K.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you share your screen with us, please?

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Yes.

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Let's jump to the other screen.

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I shared it.

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Thank you. You want to start the presentation?

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Yes.

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Go ahead.

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Okay, so here we have Exhibit B, which is the notice of refusal. And as you can see here, we're applying for a variance so that we might restripe and reduce the number of parking places in our shopping center, which is called the New World Condo Association, New World Shopping Plaza, located at 600 Washington Avenue.

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Um,

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Attached to Exhibit B is a site plan, which was developed by the Parallel Associates architectural firm, which Michelle is employed by.

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and she's available to answer any specific questions about how the architectural firm

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came up with the design, new design for the parking lot to come in compliance with the

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Americans with Disabilities Act. So as I had mentioned in the beginning, the reason why we

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were seeking this variance is that it is part of a settlement of a private lawsuit whereby

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We had a disabled customer come into our shopping center and was not able to access the stores in the shopping center and filed a federal lawsuit.

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And as part of the settlement, we agreed to make modifications both to the interior of the various shops where they cited violations and also to reconfigure this parking lot to come into compliance.

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The condo board hired the parallel architects or architectural firm to come up with the design.

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So the next exhibit is the application for appeal, exhibit C.

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um exhibit d is the project information form which is required uh exhibit f um is the

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declaration of condominium which is our proof of ownership um it's a little bit unusual

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but the board president, Mr.

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Mr.

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Ling, Kim Ling is on the last page signing the deck,

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the second amended declaration of condominium.

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Moving on to exhibit at exhibit G,

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we have our certificate of tax compliance.

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Exhibit H is the proposed site plan. And Michelle, if you wanted to testify and explain to the board what this particular exhibit shows, we would appreciate it.

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Yes, so it's a very tight parking space and it had been approved originally with way back in the 80s or early 90s, I believe. And over time, I believe it's been restriped several times and the original intent of modern sized cars, the parking lot has gotten a little congested.

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So this new plan takes into account all the current regulations in regards to landscaping and aisle widths and parking.

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Like if you park on an angle, how wide your width could be versus if it's a 90 degree turn.

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Also, the number of compact spaces according to the zoning code that you can have less.

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You're only allowed to have a portion of your required parking spaces to be compact spaces.

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and because of all those because of all those constrictions is why we wouldn't meet the required

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number of parking spaces on this type south philadelphia lot

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i mean i don't know how technical of uh did any of the board members have any questions about the

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site plan? Questions from the board? No, Mr. Chair. Okay, moving on to Exhibit J.

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Well, here we have the, this is the letter of non-opposition from the RCO, which is the

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Pachyunk Square Civic Association. We sent out all of the letters of notice, 378 letters of

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notice of the RCO meeting and had the Zoom meeting with this particular RCO several months ago.

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And you can see here that it was 7-0 in non-opposition.

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And you can see here that it was 7-0 in non-opposition by the committee vote, and we had three community members that participated, and none were in opposition to the proposed plan.

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this is uh exhibit j which is um evidence of our posting of the zoning notice and the notice of

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refusal is required by uh the rules uh both on washington avenue and then if you scroll down

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We also have the 6th Street side of the L-shaped shopping center, where we posted the notice of RCO hearing.

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I'm sorry, notice of this meeting that we're having now.

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These are pictures of the parking lot to give the board some perspective about what we're talking about.

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If we could move on to the next exhibit, this is a copy of the settlement agreement

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that we arrived at with this particular plaintiff.

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If any of the board members would like to see what went on with the settlement

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and what sort of prompted our request for a zoning variance.

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and then here's my list of uh witnesses which is michelle who is uh currently working the screen

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any other questions from the board no mr chairman no mr chairman are there any questions in the

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virtual audience. I see no hands at this time, Chair. Planning Commission. Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission. The comprehensive plan recommends a

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zoning map amendment at this location from CA1 to CMX3 mixed-use zoning, and under the proposed

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zoning district, no parking would be required for the existing retail use, and so the City Planning

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Commission recommends that the Board grant this variance. MI 2021 0043536 18 Washington Avenue.

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I vote yes. Carol Tenere. My vote is yes. Thomas Holloman. My vote is yes. James Snell. My vote is

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yes. Ishmael Shahid. My vote is yes. Thank you Mr. Mano. Thank you committee. Thank you. Thank you.

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Is there anyone in the virtual audience still waiting on a case?

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Any hands?

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Chair, we have someone by the name of Marsha McGee.

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Ms. McGee, you can unmute yourself and wait for the chair.

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Okay.

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hi miss mcgee could you could you state your name and spell it for the court reporter

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sure it's marcia mcgee n-a-r-s-h-a mcgee mcgee right do you swear a firm to tell the truth

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the whole truth nothing but the truth yes what case are you inquiring about well um

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4321

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Tyson Avenue

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it's not on the list this week

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it was

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waiting for the RCA

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letter

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I think you're going to have to call the office

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because I don't see that here at all anywhere

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okay

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all right I'll call the office to find you

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okay thank you very much

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right thank you ma'am

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anyone else in the virtual audience

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chair i see no other hands at this time thanks everybody see you 2 p.m thanks everyone

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thank you thank you chair

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thank you good afternoon my name is bill bergman and i will be chairing this afternoon zba hearings

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with me is carol tenery our vice chair present mr chairman

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Present, Mr. Chairman.

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Ismail Shahid, our board secretary.

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Ismail Shahid, our Board Secretary.

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Present, Mr. Chairman.

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Thomas Holliman, our Board Member.

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Present, Mr. Chairman.

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And James Snell, a Board Member.

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Present, Mr. Chairman.

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Also with us, our Executive Director, Tanya Sunkit, and our Attorney, Sherman Toppin.

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Good afternoon, Mr. Chairman.

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Before we start, let's look at our virtual format.

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Be advised the proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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A video will be available by contacting our Executive Board, Tanya Sunkett, tanyasunkett at phila.gov.

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

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