civus
Hearing video

ZBA Hearing - July 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 19, 20234h 41m

Chair, we have someone calling from a Samsung device.

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Sure.

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They're going to come back in as a panelist, Chair.

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Right.

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Okay.

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Good morning, Mr. Chairman.

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Could you state your name, please?

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Yes, my name is Noel.

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Spell for the court stenographer.

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Yes, my name is Noel Garcia, N-O-E-L, last name Garcia, G-

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My name is Noel Garcia, N-O-E-L, last name Garcia, G-A-R-C-I-A.

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

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Yes.

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Our vice chair has a few questions for you.

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I will note that the letter of support from the 42nd Ward Committee, the RCO, and there's a letter of non-opposition from Councilperson Lozada.

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good morning sir have you emailed in all the required documents and exhibits that are needed

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to proceed with this case five days in advance of this hearing i think my expediter um eb regis

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um send them yes okay thank you i believe we did receive everything thank you please proceed

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and share your screen all right i bought um 215 east wyoming avenue back in 2000

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could you share your screen first we can't see yours we need we need to see your documents

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All right. How do I, because E.B. Regis is on the other side. She's still wondering who's going to share my expediter, and I don't see her.

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Well, she can share the screen, but she can't testify.

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That's fine. I'm going to testify.

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She needs to put the screen up.

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The person with the last name Reyes has been promoted to panelists.

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Thank you.

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Hello, good morning. Thank you for letting me in. Hello?

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Yes, but just put the screen up. All we need is a screen from you.

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Okay, can you see my screen?

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We see your name. We don't see your screen.

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Okay, give me one second, please.

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Okay, we see the screen. Sir, can you see the screen?

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mr garcia do you see the screen yes i can see it okay start testifying sir

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okay um i bought 4712 ls3 with my house on 2018 um

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i saw that there was a lot of parking issues and uh blocks i mean we have schools we have there's uh

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Right across from 4712 Ella Street, there is a park, baseball, basketball, swimming pool.

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And I always had trouble finding a parking room around my house.

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I have two artistic kids that, I mean, as you know, I mean, I also had problems before where they would just open the door.

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you know what I mean and just run to the house um I have the um this is why I'm here today to try

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to get a permit um for the two parking um on my garage for a garage for two parking the lot is

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actually um attached to my house which I'm living at allow I'm the lot I'm not using it for nothing

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else just i mean i'm using as a as a yard for my kids to play on garcia why don't you show us a

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picture you have a picture of the of the lot sure that's um exhibit um number four

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that's the rolling gate that's the lot

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and that's your lot next to your house yes

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my my yard is actually um opened up to the lot i'm the only one to have um a way to my lot

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the other yards right next to my house is not is um it's fenced

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i also have the deed that i'm the the owner of the lot which is exhibit number two okay

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um we had a community meeting meeting exhibit three

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and i was supported by um three

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And I was supported by three people, even though we send a letter to a lot of people, a lot of neighbors.

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And exhibit number five was just the proof of postal mail.

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I also have the copy of the letter that was sent to them.

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Back in 10-30-22.

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And I have the Sowning Board Revise of Plans, exhibit number seven.

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I have the blueprints layout.

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mr garcia what happened was you redid it you put a fence up right you put the gate up and then

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someone came out and complained that it wasn't zoned properly is that right yes it was yes but

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i mean i when i did it i mean i didn't know that i mean i had to get i mean i live in i mean i used

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live in puerto rico and puerto rico is different than here we used to do yes all right you went

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to the 42nd ward you presented they gave you a three zero vote and the council person is in

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non-opposition is that right yes okay questions from the board no chair

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hello this is evie reyes um the rco that supported the um you don't remember you don't

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testify okay i i said the rco supported the council persons in non-opposition yes okay um

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questions or comments from the virtual audience

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i see no hands at this time chair hi planning commission

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thank you chair bergman sarah bond philadelphia city planning commission

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the comprehensive plan recommends no change to the existing RSA single-family zoning at this

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location. The appellant has not shown that the property cannot possibly be used in strict

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conformity with the zoning code and that a variance is therefore necessary to enable the

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viable economic use of the property. The city planning commission recommends that the board

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deny the variance. Hillary? Yes, Mr. Chair. Can we make this a temporary variance? Yes, we can,

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Chair. So that way, if they have removed it, the variance doesn't go along to the next person,

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okay? Well, I mean, yeah, it would need to be renewed by whoever, but yes, we can do a temporary

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variance for um we want to specify specifically for um the use well actually would go with

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everything right so really mi 2022 004 780 4712 ella street i vote yes for a temporary variance

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that will expire 8-1-2027

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Thomas Holloman, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you, sir.

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Thank you.

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Number 11, MI 2023-000-561-527 West Rockland Street.

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The application is for two-family household living in an existing structure.

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Letter of support from the Logan Civic Association.

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Chair Alejandro Zapata is coming back in as a panelist now.

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Okay.

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Good morning, sir. Could you state your name, please, and spell for the court sonographer?

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Alejandro?

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Yes. Good morning.

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Good morning. Could you state your name and spell it for the court sonographer, please?

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One second.

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Okay, my name is Alejandro Zapata.

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A-L-E-J-A-N-D-R-O-Z-A-P-A-T-A.

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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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I do.

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Could you please turn your video on?

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Could you please turn your video on?

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I'm just wondering.

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That's what I'm trying. Give me one second.

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Okay. Okay. Our Vice Chair has a few questions for you, sir.

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Yes.

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Okay. Good morning, sir. Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes.

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Please proceed and share your screen.

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So I bought this property 527 West Rockland.

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Can you see my screen?

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Yes, we see.

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Okay.

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The property back in 2019, no, 2020, I'm sorry, as an existing duplets to family with violations.

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So it also had a made safe property that was marked unsafe.

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Excuse me one minute, Mr. Chair.

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Mr. Zabahada, there's another owner listed.

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Who is the other owner of the property, your uncle? Okay. All right. Thank you.

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So the property was marked unsafe. So in the meantime, since COVID, everything was slow.

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So I was taking care of the make safe first. And by the time I finished the make safe,

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the use

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the use spire

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so

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I applied for the

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you applied for the

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I applied for the

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for the two families

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for the use permit

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for the building permits

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so this

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this was originally

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a duplex, am I right?

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And then the use expired.

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Yes.

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Could you show us pictures of it, please?

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Yes.

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When I applied, it got refused.

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And they voted 10-3

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in your favor.

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Yes.

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Since 1944, it's been

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a duplex.

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Back in 2017,

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it also got granted.

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But like I said, since I was doing the

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Maysafe, it got expired and

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That's where I'm at right now.

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When he shows, do you have the photos there?

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Yeah, that's where it's kind of going slow.

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And the utilities are already separated, right?

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Yes.

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So that's, this is, this is the picture after the maid safe.

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Okay.

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You can see the picture the way it was before.

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So the property pretty much was marked unsafe because of the back of the house.

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It was pretty much not black.

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You don't see the picture in a second.

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So that's how it looks right now.

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The inside was already like this as well.

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You're also at the end of the block, am I right?

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Yes, at the end of the block.

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let me show you the the picture of the uh the way it used to be before

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hold on a second so that's all the photos you have no no i don't i'm trying to show you the

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way it was before me.

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Sure.

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All right.

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So, Mr. Zapata, it's already been, it's all

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always been zone a duplex,

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right? But it

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expired. Am I right?

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Yes. Okay.

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Questions from the board?

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no mr chairman

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No, Mr. Chairman.

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no chair

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No, Chair.

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Questions or comments from the virtual audience?

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Chair, we have Charles Richardson.

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Good morning, Mr. Richardson.

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Good morning, sir.

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

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Good morning, Mr. Chair.

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Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass Room, 508 City Hall.

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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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Proceed, sir.

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Councilwoman has no opposition to granting the variance.

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Thank you for taking us the time to call in.

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Anyone else in the virtual audience?

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Chair, I see no other hands at this time.

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Planning Commission.

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Thank you, Chair Bergman, Sarah Bond, Philadelphia City Planning Commission.

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the comprehensive plan recommends no change to the existing residential single-family zoning at

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this location however the proposed use is consistent with documented prior use of the

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property the city planning commission recommends that the zoning board grant the variance thank

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you MI 2023 000 561 527 West Rockland Street I vote yes Thomas Holloman my vote is yes

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Ishmael Shaheed, my vote is yes

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Thank you, Mr.

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Sir

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You have your votes

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We're going to number one on the list

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MI

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2023

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