civus
Hearing video

ZBA Hearing - March 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 8, 20233h 49m

James Snell, my vote is yes with proviso.

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thank you thank you have a good day sure number nine mi 2022 006 083 800 copman avenue

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amy amy farrell is the attorney for the owner um letter of support from council member phillips

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letter of support from Burr Home Community Town Watch and Civic Association.

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Chair, I promoted Julie Bernstein for panelists. Hi. Good afternoon. I'm the attorney, Julie. Are

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you the attorney? I am. I'm an associate of Amy Farrell. Sure. So why don't you state your name,

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please and spell for the court reporter? My name is Julie Bernstein, J-U-L-I-E-B-E-R-N-S-T-E-I-N.

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

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I do. Could you identify your client in relationship to the property?

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So Newtown Park Associates is my client and they are the owner of the property.

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Okay. And our vice chair has just a few questions for you.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its

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accuracy? I do. Thank you. Have you emailed in to our offices all the exhibits and documents that

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are required to proceed with this case five days in advance of this hearing? Yes, we did.

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Thank you. Please proceed and share your screen.

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okay can everyone see my screen we can great good afternoon again my name is julie bernstein i'm with

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kaplan stewart and we represent the owner of the property newtown park associates um the property

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is currently zoned as rm2 and it consists of a multi-story residential apartment building with

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one-story component along Cotman Avenue, which has historically housed commercial tenants.

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The property has a long history of the small-scale kind of commercial tenants in this first floor.

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They cater to the building residents and the surrounding community. The applicants here today

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seeking a variance for the use of suite two or unit two of this commercial area for use as a

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dog grooming salon, which is defined as an animal services use in existing to the other existing

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uses at this property. To streamline the process, I'd like to incorporate our exhibits and exhibit

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list into the record. I also have two witnesses with me today, David Waterman, he's the owner's

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representative, and Marianella Moore, the owner of Poochlevy, which is the tenant, the groomer,

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that's being proposed here. Marianella did email me that she's having some tech issues,

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so I hope she is on. So briefly, I'm going to go through the exhibits. We have, first,

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we have the deed showing that Newtown Park Associates is the owner of 800 Cotman.

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And then next up, Exhibit A2, we have proof that they've historically paid all of their taxes.

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The balance here isn't due till the end of the month. It's the 2023 taxes, but otherwise they

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are in compliance, they will pay this month. Then at A3, we have the notice of refusal, which again

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indicates that animal services is prohibited in this district and our application for appeal

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as well as the project information form. So as well as posting photographs indicating that this

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was advertised. So here, getting to the property itself. So as you can see, this is the building

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located at 800 Cotman Avenue. It is kind of, it's in this RM2 district. It's adjacent to a lot of

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other kind of commercial uses, as well as the residential that's back here, but there's the

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as well as the residential that's back here, but there's the auto wash across the street from a

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auto wash.

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Wawa, and then there's a bunch of other kind of commercial spaces down the street. The grooming

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salon is going to be located along this kind of first floor commercial space. On the front, it

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lines Cotman Avenue. This has actually been nicely renovated. It has a parking lot in front,

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and this is what it looks like, the exterior space. So it's going to be located in the second

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unit from the right, which is here. And again, facing Cotman Avenue, which is kind of in the

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front. This is interior photographs of commercial space unit number two. So you can see it was set

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up, it's vacant, it will be renovated for the dog grooming salon. But these are the windows to the

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front facing Cotman Avenue. There's a bathroom. Here's a few more photographs of the space. It's

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set up to be used for commercial use. Again, here we have the zoning map, which indicates that this

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is in the RM2 district, but it's located adjacent to other light industrial and some kind of

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commercial auto uses in this area. So it really is kind of a mixed corridor along here in terms

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of what the uses are. Finally, I have this key plan indicating, again, I said it was the second

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unit all the way to the right. The first unit is a leasing office. Then to the left of it is

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Brilliant Stars Daycare, which we received approval for in March of last year. Next to that

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is a lash salon, which we approved, we received approval for in the end of September of last year.

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And then finally, Unit 6 at the very end is Skin Aesthetics.

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It's a spa of sorts that's at the end.

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They also received approval in March of 2022.

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So this is really the only vacant space right here.

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And it kind of nicely fits in with the other uses that are along this area that will serve

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the residents in the neighborhood.

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Um, we have a little included Pooch Levy's business statement. This is the groomer. Um,

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they have very cute branding. Um, so just to go through kind of briefly, uh, Marianella,

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the owner has, um, owned this business since, uh, 2020 and it currently is located nearby.

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I believe it's in a smaller space, which is why they wanted to move here. Um, they offer all

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sorts of services for your dog from shampoos all the way to dye. And they anticipate that they'll

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have six employees or groomers. Their hours of operation initially are going to be Tuesday to

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Saturday from 9 a.m. to 7 p.m. Sunday and Monday they'll be closed except for administrative

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offers, office hours, and potentially some light services might be offered by appointment only.

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If the demand increases, they would hope to kind of expand the hours from Monday to Saturday.

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They anticipate that they'll have a maximum of the sick dogs on site at any time.

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15 to 25 would be groomed per day, and they kind of cycle in and out.

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They are going to set up signage for waste removal.

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The owner of the property has a dumpster and established waste pickup already on the property.

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And then the employees are all trained to work with the animals, keep them nice and calm and pleasant to deal with.

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And here we have, again, we went to the RCO to ask for their support, and we got unanimous supportive approval.

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This is our advertisement out to have them come to the meeting.

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And here is proof of service.

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And again, then we received a full unanimous vote of support on February 9th.

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It's actually 2023. This is a Scribner's error. It did happen last month, not a year ago.

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So that is basically the proposal. It's fairly simple. Again, this is a first floor space on

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Cotman Avenue. It really has been created for commercial space. It's not set up or laid out

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in a way that would be comfortable or usable as a residential space. It's historically been used as

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a commercial space and a mixed-use property, so we're here just seeking relief for this one

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remaining space. We're amenable to Proviso limiting the animal services used to the commercial unit

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number two or suite number two. As I've mentioned, I have David Waterman with me,

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um the owner's representative if he can raise his hand why don't we have your testimony adopted

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raise his hand why don't we have your testimony adopted

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mr waterman

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sir please unmute sir hi can you state your name please and spell for the court reporter

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david waterman w-a-t-e-r-m-a-n right do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do proceed counsel uh hi david uh you've heard what i've just explained

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about the proposal for this property is it true and accurate to the best of your knowledge

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yes it is and do you adopt this as your own testimony yes i do

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and you want to call your other witness or um i think okay uh i if you feel it's necessary i can

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see if she's on i i think we're fine all right questions from the board no mr chairman no

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no mr chairman no mr jim questions or comments from the virtual audience

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i see no handshare planning commission uh ron bednar city planning properties indicated for

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commercial mixed use on the city plan proposed use will have no more of an impact than would be

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expected to have given its specific location therefore we recommend that the board grant

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the special exception. MI 2022 006083 800 Cotman Avenue. I vote yes. Proviso. Use limited to

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space number two. Thomas Holliman. My vote is yes with proviso. James Snell. My vote is yes with

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proviso ishmael shaheed my vote is yes with proviso thank you counsel thank you have a good

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afternoon okay is there anyone in the uh audience that case has not been heard from the 2 p.m list

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i see no hands chair okay we're gonna we're gonna take a 10 minute break to 3 30

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Excuse me, Chair. A hand just went up. Mr. Falco, Gabriel Falco.

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

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Yes, sir. Good afternoon, everyone. Thank you for your time. Gabriel Falco, G-A-B-R-I-E-L, last name Falco, F-A-L-C-O.

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

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Yes, sir.

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What case are you interested in, sir?

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I am interested in 1719 North 2nd Street. I believe it ends in 055922. It was a 930 listing

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this morning. 930 listing. Okay, let's see here. Hi, Mr. Chair. This is Hillary. Yes,

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that was a 930 case, and it was continued at the request of the attorney for the applicant.

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you hear that sir yeah I was muted again uh yes I did hear that that's fine uh and I know

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Dawn Tancredi's office is handling the uh paperwork the attorney what do we have a time

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for when it was continued to or do I wait to like it be notified of that you will be notified sir

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okay thank you all for your time appreciate the hard work sure absolutely okay uh anyone else

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We got one more, Ms. Robinson.

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Hi, Ms. Robinson, could you state your name, please, and spell for the court reporter?

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Hi, my name is Michelle Robinson, but I'm here helping the applicant.

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For the next round of cases?

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It was for a 930.

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Okay, well, all the 930 cases have been handled.

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Which case was it?

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It was MI-2022-002349.

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What's the location?

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1129 South 51st Street.

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Okay.

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Mr. Chair, that was the case that we had to continue due to technical issues.

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Yes.

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That case will be rescheduled.

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That case is going to be rescheduled.

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All right.

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Thank you.

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Thank you.

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is there anyone else in the audience that's it chair i see no more hands so why don't

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why don't we continue to 3 35 we'll be back okay and thanks everyone

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thank you chair

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Thank you, Chair.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Mr. Kelly, are you back?

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Yes, I am, Chair.

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Yes, I am, Chair.

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Okay.

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Keisha, how do we look at when everyone else?

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Thank you.

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Thank you.

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Are we going back?

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Mr. Kelly, are you back?

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He's back.

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Yes, I am.

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Okay, Chair, everyone is here.

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Okay.

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I'm ready anytime you are.

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You may begin, Chair.

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Sure, thank you.

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Good afternoon.

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My name is Bill Berkman, and I will be chairing the 330 ZBA hearings this afternoon.

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With me is our Vice-Chair Ismail Shaheed.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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Our Board Member, James Snell.

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Present, Mr. Chairman.

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

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Here's our virtual format.

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Be advised the proceedings are being recorded.

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The video will be available by contacting 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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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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

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4548. Leave your email and the address of the property in question. And lastly, the question

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answer box on the screen is not for comments or testimony. All comments should be directed to our

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executive director, Tanya Sunken. Let's look at this afternoon's continuances. Number one, MI 2021

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221-003-878, 1619-35 North 5th Street. That case is continued. Attorney moving party.

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And number four, MI 2022-006-003-2055 Cemetery Avenue. This case is continued.

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you. Are there any comments relative to the two cases that have been continued?

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I see no handshare. Are there any other requests for continuances?

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I see no handshare. I want to cover also two cases that we do not have exhibits for.

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MI 2022-002-761-408-10 West Chew Avenue. No exhibits, second listing. No one appeared the

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first time. Mr. John Nugent is the listed owner. I see no handshare. So MI 2022-002-761-408-10

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