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Hearing video

ZBA Hearing - February 15, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 15, 20233h 42m

No household living in accessory structure. Tom? Thomas Holloman. Thomas Holloman. My

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James Snell, my vote is yes with Proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you, counsel.

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Thank you.

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I'll see you this afternoon.

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All right.

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Number nine, MI 2022, 001-799-2512 North 18th Street.

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Ivan E. Lee is the attorney.

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No RCO meeting held.

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Applicant provided a petition of support

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signed by approximately 18 neighbors

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on the 2500 block of North 18th Street.

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Mr. Lee.

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Mr. Chair, this is Hillary.

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I just wanted to clarify.

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There was, we were provided with proof

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that a meeting was held.

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It's just that we did not receive a letter from the RCO.

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Okay, thank you.

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Mr. Lee, can you please raise your virtual hand so you can be promoted?

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Chair, he'll be coming back in as a panelist shortly.

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Thank you.

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Good morning, Mr. Lee.

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do we see mr lee

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good morning mr chair members of the board

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hi mr lee you all hear me yes could you state your name please and spell for the court reporter

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yes ivan lee first name i-v-a-n last name lee l-e-e attorney for

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First name I-V-A-N, last name Lee, L-E-E, the attorney for S.J. Morgan Realty.

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

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I do.

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Could you, and S.J. Morgan Realty is the owner, sir?

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Yes.

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Okay.

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Yes, Mr. Chair.

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All right.

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Our vice chair has a few questions for you.

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Good morning, Counselor.

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do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Have you emailed all the exhibits and documents into our offices five days in advance of this hearing?

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Yes.

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Please proceed and share the screen.

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Yes.

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Silurie, do you have a comment in the beginning here?

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Yes, I can jump in now, Mr. Chair.

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Mr. Lee, in reviewing the materials, I noticed that the petition referenced a roof deck.

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The refusal for this application is only for a change of use.

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There is no new construction.

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So if your client wishes to pursue a roof deck on the property, they will need to apply

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for a separate zoning permit because this was only a change of use permit.

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there was no construction as part of this so i just wanted to to make that clear that the only

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thing that's before the board today is the the multi-family or the two-family use the duplex

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understood um as as the board knows uh we we are requesting to change the use of the of the

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use to a a two-family use and also as referenced earlier uh we are we we were looking to add a

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a rooftop deck access point.

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What I'm sharing now with the board

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is the drawings for the project here.

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And I can make this a bit larger.

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Hello, kind sir.

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Can you put your documents on the screen for all to see?

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Am I not sharing the screen?

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No, it's not being shared yet.

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Let me do that.

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It's coming up now, sir.

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Can everyone see it now?

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We can.

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Excellent.

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So...

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Here are drawings and the plans for the property, what we intend to do.

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Why don't you show us photos first? It'll be easier to understand.

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Okay, let's do that. Hold on. Give me one second here.

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is in front of the property here let's see with with a posting I can zoom in a bit here

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I was thinking of the zoning notice here, I'm going to zoom back out, some additional

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photos of the front of the property.

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This side view of the property.

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This is the inside of the property here.

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Well, hallways here, a better shot of the zoning notice here, posting.

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I'm posting.

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Mr. Lee, do you have the information

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on the rest of the block

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and how many multifamily units

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are on the block?

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I don't

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precisely know the answer to that question,

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but I do have Shamir

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who is the

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owner of S.J.

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More Than Realty and I also have our architect.

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When you're ready to have your testimony adopted,

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we'll bring him on.

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Sure.

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Okay.

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Let's see here.

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So what we're looking to do is fairly straightforward in terms of changing the use of the property here.

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You know, this is a one-family dwelling unit as is, and we're looking to convert it to a two-family use.

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We're not looking to do anything too major or extreme.

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we're not looking to turn it into a three unit or a four or five unit or anything like that.

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We don't see any detrimental or super outsized use for the property as is.

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At this time, I'd like to call Mr. Morgan, if it pleases the board.

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Sure, that's fine. Mr. Morgan.

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Mr. Morgan, please raise your virtual hand.

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Mr. Morgan, please unmute yourself and wait for the chair.

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Mr. Morgan, could you state your name, please, and spell for the court reporter?

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Yes, my name is Shamir Morgan. That's S-H-A-M-I-R, last name Morgan, M-O-R-G-A-N.

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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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Correct.

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Proceed, counsel.

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Good morning, Mr. Morgan.

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Good morning.

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Were you present from my testimony a few minutes ago?

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I was.

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um would would would you be willing to uh adopt my testimony as is or do you have anything you'd

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like to add or or clarify uh yes i would like to adopt and i would like to add on that um there

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is approximately about seven duplexes that are already on the exact same block um which which

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also that made it pretty simple when i went around and knocked on everybody's doors and

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I was able to garnish the support of the community and was able to sign a petition there.

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So besides that, I would like to adopt the testimony.

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All right. Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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Chair, we have Mary Jones.

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Ms. Jones, please unmute yourself and wait for the chair.

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Good morning, Ms. Jones. Could you state your name, please, and spell for the court reporter?

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Yes. Good morning. My name is Mary Jones, M-A-R-Y-J-O-N-E-S, from Council President Darryl Clark's office.

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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.

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yes um i had to oh apparently there was a community letter a letter of opposition was sent

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on this project in august um of last year and so i went ahead and forwarded that to hillary

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um hopefully she receives it um based on based on the letter from the community

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They did not want this. They were opposed to a multifamily use at this location.

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Thank you very much.

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Yeah. And so and then there was also a petition as well, non-opposition from North 18th Street neighbors.

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I'm not sure what the what happened there. But at any rate, so I do. We do have that information.

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All right. Thank you. You're welcome.

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Anyone else in the virtual audience?

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Chair, we have Kenesha Mitchell-McLloyd. Ms. McLloyd, please unmute yourself and wait for the chair.

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

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Good morning. It's Kenesha, K-A, it's a hyphen, N as in N-C-E-S-H-A. Last name is Mitchell, M-I-T-C-H-E-L-L.

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Good morning. It's Kenesha K-A, it's a hyphen.

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It's another hyphen. McLeod. McLeod is M-C-L-O-Y-D as in David.

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thank you do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes i do proceed uh so i am the immediate neighbor to uh this structure 2512 and i just

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wanted to express that um there are not seven duplexes on this street um and to my knowledge

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the duplexes that are on this street may not be legal um also my family has been in this

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neighborhood for 70 years and we've never had a multi-family um unit or household on this block

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also um i just i don't see how it will work and i just wanted to express my um like i don't have

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a problem with Shamir putting a deck. I don't have a problem with, you know, a single family

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household. Me, as well as other members on the block, we oppose the multi-family household.

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Thank you very much. Thank you. Is there anyone else in the virtual audience?

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i see no hands chair okay planning commission thank you chair bergman this is ian hegarty

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with the philadelphia city planning commission board members in 2014 the zoning map was amended

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on this block from rm1 to rsa5 in accord with the recommendations from the comprehensive plan

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The existing multifamily uses on this block were primarily established prior to 2014.

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The intent of the zoning remapping was to encourage single-family use and infill on this block.

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The appellant has not shown evidence of any unique physical circumstances, which is required to substantiate their hardship claim to show that the building cannot be used as a single-family dwelling.

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And so the City Planning Commission recommends that the Board deny the variance.

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Thank you.

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MI-2022-001-799-2512-North18th Street.

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I vote no.

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Thomas, how are you?

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James Snell, my vote is no.

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Ishmael Shaheed, my vote is no.

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Mr. Tom, can you do that vote again?

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Thomas, could you vote again?

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Thomas, Thomas, I vote is no.

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Okay. Thank you, Thomas. Thank you, counsel.

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Thank you.

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Okay. Is there anyone in the virtual audience whose case has not been called yet?

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Chair, I see no hands at this time.

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Okay. So we'll be back at two o'clock. Thank you, everyone.

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Great.

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See yous later.

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Okay.

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Okay.

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Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearings.

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With me is our Vice Chair, Ishmael Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holliman.

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Present, Mr. Chairman.

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And our Board Member, James Snell.

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Present, Mr. Chairman.

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Also, here is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Be advised, these 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 are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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

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2-6-7-2-7-0-5-5-4-8. Leave your email and the address of the property in question.

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Leave your email.

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

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All comments should be directed to our Executive Director, Tanya Sumter.

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Let's look at continuances for this afternoon's list.

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Number one, MI 2022, 001-058-332 Delancey Street. That case is continued.

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Number two, MI 2022, 001-060-7034 North Broad Street. That case is continued.

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Number four, MI-2022-005-976-1113 Palmer Street. That case is continued. And number 11,

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MI-2022-005-567-1115 East Palmer Street. That case is continued.

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Is there anyone has any comments relative to the cases I just called?

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