civus
Hearing video

ZBA Hearing - July 29, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20265h 47m

Sí.

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Este es el primer piso.

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This is the first floor.

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La parte de atrás.

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In the back.

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Cada uno tiene su contador.

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Each one of them has the meter.

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does he have the other photos and you tienen alguna otra foto

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so there's one entrance to the building my crack

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así que solamente hay una entrada para el edificio

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that's correct right and then you go inside what tell me what happens on the first floor

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Y usted entra para adentro. ¿Qué sucede en el primer piso?

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Aquí está la entrada donde está el panel de las alarmas de fuego.

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Y a la mano izquierda, en la puerta izquierda, ese es un estudio.

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Y a la mano derecha está el otro.

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Y la puerta de entrada para el segundo piso.

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So, as you come in, you can see the fire alarm panel.

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And then on the left-hand side, that is one studio.

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on the right hand side there is another studio and then there is the front door to the second

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unit right and it's the second floor the same thing you go left there's one unit and right

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another unit that's correct um that accounts for four units where's the fifth unit

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is there any basement use for the property or in the rear yard, sorry, basement and rear yard use for the property?

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Yes, the basement is the boiler of water and hot water, or hot water, or hot water,

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And in the yard, in the back, it's for the trash, it's open, I leave it open, the gate

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to put the trash in the trash that are there.

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So yes, on the basement, or in the basement, there's the boiler, or the water cleaner,

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and then for the yard, that's where the trash is, so we leave the gate open so they could

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have open access to the trash.

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do any of the units have direct access to the rear yard or the basement

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y hay alguna de las unidades que tiene acceso directo a este la yarda atrás o el sótano

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No, los cuatro tienen acceso a la yarda para poner la basura en los zapagones.

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El basement, algunos tienen llaves, pero no todos.

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The interpreter for clarification, ¿algunos tienen qué?

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El basement es para yo entrar y chequear cómo van las cosas diario.

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So, for the yard and for the trash, everyone has access to it.

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but for the basement it's just for me to have access to check on the boiler.

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Okay, and then do you have floor plans that show the first and second floor unit layouts?

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Go ahead. I was going to say in your drawing set.

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¿Y usted tiene algún plano de esta vivienda, del primer y segundo piso, de estas unidades?

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Sí.

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Sí.

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sorry this is the and i don't have those in any of the submitted drawings though this is a change

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of use application so we're going to be part of the zoning permanent drawings así que este no

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tengo estos planos sometidos porque como esto un cambio de solicitud este y no un cambio de permiso

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so you did this work or this building was like that when you purchased it

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So, did you do these arreglos to the house or to the house?

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Así que, ¿usted hizo estos arreglos a la vivienda o esto vino así cuando usted la compró?

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Ya estaban así. Yo los arreglé un poco, pero estaban así.

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So, it was like that. I fixed it up a little bit, but it came like that.

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So, you said you have floor plans. I know they're not required to be submitted, but you have floor plans.

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Así que usted tiene planos de la vivienda, no fueron requeridos para someter, pero usted los tiene.

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Sería bueno poder verlos porque estos son solamente retratos, pero sería bueno ver los planos si los tiene.

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but we don't know

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was any of the work done with permits that you did

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So I didn't buy myself because a lot of the work that I did didn't require.

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um too much uh um things to do so i i did it myself

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did you put the fire system in who put the fire system in

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so it's still in the process of being installed

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within this week is when i will receive the certificate of it being installed

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okay any other questions was there a certificate of occupancy for this

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building wait wait i i i don't think there's a certificate of occupancy you'd have to get one

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okay all right all the questions

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i brought the wrong ones questions from our attorney yes hi i'm lynn reidel hubert board

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council i just wanted to clarify i believe you introduced yourself as manuel diaz

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así que este me llamo lynn reidel y yo soy una representante de la junta y quería clarificar

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porque yo creo que usted se introdujo como Manuel Díaz y en este el contrato este dice

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que él en el contrato de esta vivienda dice que es Daniel Díaz quien este D A N I E E L Díaz

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so um that is correct that's my brother's name and he left me the property years ago he said

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to use it to fix it and that he passed it over to me

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Okay. I got it. I got it. Okay. Um, so, uh, we, we can't, we, we, we can't do this today. Um, I, I, give, give us a process. What he has to do.

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Settle it. Wait a minute. Wait a minute. Settle the state and things of that nature.

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Well, I'm not sure if there's an estate. I obviously can't give you legal advice, but you're going to have to figure out if your brother had an estate.

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you need to get the deed in your name in some fashion so you're going to need to seek potentially

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legal assistance i mean there's community legal services there's you can go to the court there

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are you know there is an office there to provide you with some legal assistance but you need to

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have the deed in your name so that you're the actual owner of the property in order to go forward

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with the zoning all right let the interpreter start oh allow me please um así que usted va

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Así que usted va a necesitar quizás asistencia legal o quizás algún servicio legal comunitario y tuviera que ir quizás para corte o para que le puedan proveer asistencia legal.

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necesitar quizás asistencia legal

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Pero usted necesita tener esta vivienda bajo su nombre para que usted sea el dueño actual de la propiedad para poder proceder con la zonificación.

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De acuerdo.

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all right so we can't give this a day right you know he'll just have to contact the office

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what he's built así que este ya tan cuando esto esté disponible usted contactaría a la oficina

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we'll do a resumption okay when we hear from

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correct all right thank you sir sorry about your

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interpreter thank you very all right do you require any other interpretation um no that's

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our second one for the day we appreciate it all right no problem thank you for using the service

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disinterpreter disconnecting number five mi mi 2026 000 641 905 south 9th street michael gumbel is the attorney

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michael gumbel should be coming in as a panelist thank you very much

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uh good morning mr chairman members of the board good morning could you please state your name and

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spell it for the stenographer. Sure. Mike Gumbel, last name is G-U-M-B-E-L.

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

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I do. Counsel, could you identify your client in relationship to this property?

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My client is Janet Steckman, and I actually have her sitting next to me

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in my office today, and she is the owner of 905. Very good. And our vice chair has just a few

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questions good morning morning submitted your documents and exhibits five days in advance of

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this hearing yes and do you waive the read another refusal and stipulate to its accuracy

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yes all right thank you you can share your screen and proceed with your case thank you

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okay so this property is 905 south 9th street it's located in the italian market in between

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Washington and Christian Streets. This is actually a reapplication for a visitor

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accommodations license. We came in front of the board several years ago and a

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three-year proviso was given and so since that is some setting we are back

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to seek an additional term on that. So first we have the refusal itself and

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You'll see that the original license was granted back in 2023 for the visitor accommodations

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We're not seeking any changes here

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The first floor is a commercial unit and then the second floor is a bi-level apartment

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And so it's keeping the commercial on the first floor and just again re-upping the visitor accommodations in the second floor apartment

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Which is just a single apartment

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going through we have all of the necessary exhibits we have all your

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documents sir I'm just going to get down to brass tacks proof of posting of the

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notice of meeting back on July 7th here's a picture of the front of the

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property with the commercial unit on the left-hand side and then you'll see the

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entrance to the apartment itself is on the right-hand side so Janet has been

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operating this building or this apartment rather as an Airbnb for

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several years prior to the change in the law a few years ago they have been

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operating it for about three or four years before that. Then when the law

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changed we went through the necessary steps to legalize it and as said earlier

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we're now at the reapplication process. So here's just a picture of their

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listing showing that they have excellent ratings.

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and then we have pictures of the internal unit itself you got to slow that down

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so as you can see it's a well-kept unit

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second to third floor is one unit yes okay and it's two bedrooms yes two bedrooms

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good on the pictures yep okay

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Below that, we sent out the RCO notices back in March, and we have the proof of mailings

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attached to that.

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We then met with Bellavista Neighbors Association in April 2026.

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They granted a letter of non-opposition.

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I would also point out the highlighted section here that they did request longer than an additional three-year proviso due to the burden of having to constantly reapply for this every few years.

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I believe that the board is continuing to do the three years, but nevertheless, they did make a recommendation that it is burdensome on the owners and if they could be extended out for a few years beyond that.

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so why don't you bring your client on and have your testimony adopted sure

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good morning good morning could you please state your name and spell for the stenographer

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janet steckman j-a-n-e-t-s-t-e-c-h-m-a-n do you swear or affirm to tell the truth the whole truth

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nothing but the truth yes i do counsel miss steckman have you heard the testimony that i

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given to the board today yes i have it has everything i've said been true and correct to

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the best of your knowledge and belief yes it is and you adopt it as your own testimony today

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yes i did thank you questions on the board do you have a photo that shows the interior stair

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in the sec between the second and the third floor i didn't see it in any show but i see it you did

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it was there's one there show the the stairs again okay one second please

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that was one of my mine uh so that's the if you see here um this is the stairwell coming up from

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the first floor and then this is the stairwell up to the second floor bedrooms okay and then

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i'm sorry the third floor bedrooms did you show us a photo of the entry to the stairwell from the

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street yeah it's just this front door see if there's an internal one so you

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can see over on the left of this picture on page 29 the star I understand where

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it is in the unit I want to know where it is from the street yes so if you go

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back it's on the right hand side so the commercial property is on the left hand

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side and then this is a fully separate entrance to the apartment question other

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questions I actually do you so this since this is an Airbnb unit how close

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is the manager of the property so she actually owns Anastasi's seafood market

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which is a couple doors down and she lives on Federal Street so she's in the

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market every day okay and is she personally managing this or is she

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using a management company she personally manages it okay all the questions questions

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

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there are no hands wait excuse me chair verna anastasio has a hand up

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burn good morning mr chair i take it this case here i should not refer to you as counsel but as

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mr anastasio do you know comments you could do either sir i'm actually here uh representing the

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immediate adjacent property owners and occupants my parents who have lived next to this property

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as an airbnb and a short-term rental for several years and they and i fully support the granting

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of this variance uh well thank you very much for taking that time i think i want to see you this

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afternoon again am i right yes sir all right all right thank you thank you um anyone else in the

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virtual audience there are no more hands planning commission donovan go

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there are no more hands planning commission donathan goins planning commission staff the

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comprehensive plan recommends no change to the existing cmx2 commercial mixed use zoning at

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this location the appellant has not shown that the property cannot be used in strict conformity with

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the zoning code that a variance is therefore necessary to enable the viable economic use

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of the property the city planning commission recommends the zoning board to not variance

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MI 2026-000-641-905-South 9th Street, I vote yes with proviso. Use limited to second and third floor. Temporary variance that expires August 1st, 2030.

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Michael Johns, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Mike Adams, my vote is yes with proviso.

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hi owen my vote is yes survival thank you thank you very much

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number four mi2025-006-851-5375

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umbria street leonard

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mr chairman are we skipping um 14. i will get back to it okay

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good evening everyone good morning

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I'm ready when you are, Mr. Chairman.

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

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Yes, my name is Leonard Altieri, A-L-T-I-E-R-I, with the law firm of Claire Harrison Harvey Brandsburg here in Center City, Philadelphia.

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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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Could you identify your client in relationship to the property?

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The client is Capital Cities Broadcasting Corporation, which is the owner of the property.

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And our vice chair has a few questions.

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Good morning. Have you submitted your documents and exhibits five days in advance of this hearing?

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I have, with the exception of a earth disturbance plan, which was supplemented this morning.

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Got it. And do you waive the reading of the issues or also stipulate to their accuracy?

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I do.

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Okay, thank you. You can show your screen and proceed with the case.

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Thank you very much. So everybody can see my screen, I believe. So again, excuse me, this property is 5375 Umbria Street.

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What this is, is currently it is the location for the backup broadcasting for 6ABC News.

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As you see on the screen here, there's multiple buildings located within the property itself.

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It's a pretty large parcel. But what we're speaking about specifically is just this very small building right here where my cursor is located.

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The applicant is proposing to do a complete demolition of the existing structure and in its place, the reconstruction of the exact same building to be used in the exact same use, which is a wireless service facility.

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The building is, again, going to be an exact replica.

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The reason for the demolition is that it's just an old building.

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It's got a leaking roof, and it's just easier and cost-beneficial to just do a reconstruction.

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The building height will be 16 feet from the grate to the parapet.

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The building size is about 28 by 50.

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When you look at the building location with regards to the actual parcel itself, as you saw from the aerial, it's surrounded pretty heavily by wooded trees.

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trees. There's trees surrounding the entire property. But with regards to distances,

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which I think is just important, it's something that we spoke about at the RCO meeting,

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