civus
Hearing video

ZBA Hearing - July 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 20, 20212h 56m

Thank you.

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Thank you.

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Mr. James, we're looking good to go.

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All righty, thank you.

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Okay, good morning.

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My name is James Snell, and I'll be the acting chair for this morning's zoning hearings.

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Board member Thomas Holloman and John Monlech from the Department of Planning and Development will also be participating.

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Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are also in attendance.

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Before we begin, I'd like to take note of the following changes related to the virtual format.

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First, please be advised that this proceeding is being recorded and that by participating,

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you acknowledge your agreement to be recorded. Second, for the benefit of anyone participating

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by phone, we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand

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by hitting star nine, then star six to unmute yourself. That's star nine to raise your hand

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and star six to unmute yourself. Fourth, we ask that you not attempt to testify

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in the chat room. You should instead wait until your case is called and raise your hand only when

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the board asks for witnesses to come forward. Okay, before calling the first case, we would

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like to announce the following cases that have been continued. All right, for the 930 session,

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Number two, calendar number MI 2021-000-458-1504-West Erie Avenue.

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Attorney Henry Clinton, this case is to be continued.

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Number three, calendar number MI2020-001957, 2212 Bryn Mawr Avenue, Attorney Byrne Anastasio, this case is to be continued.

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Case number four, calendar number MI-2021-000-360-2338, North 16th Street.

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This case is to be continued.

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uh number five calendar number mi 2021 000333 3353 emerald street excuse me um mr snow that's um

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you'll want to call that up separately it was no exhibits but there was right my mistake you're

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right. Thanks, Sharon. Sorry about that. Okay. Uh, let me go to, uh, number 10, uh, calendar

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number MI 2021-000-369-7219 Woodland Avenue. Uh, attorney Jermaine Harris, there's a, uh,

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continuance requested by the RCO. This case will be continued. And

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number 12, calendar number MI-2021-000332-906 East Shelton Avenue. This case will be continued.

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if anyone would like to request that another case listed for today

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If anyone would like to request that another case listed for today be continued, please raise your hand.

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Yes, we have a Melvin.

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Yes, yes, sir.

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Good morning. I got registered today to my case, my case for 9.30 a.m. The number for my case is NI-2021-00376.

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Is that Jasper Street? Yes. 3871 Jasper? Yes, sir.

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I should just wait till your case is called later. This is only for continuing.

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okay thank you yes uh this is just for uh continuing continuances if anyone has a

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continuance that uh they would like to bring forth we have mr ernest yes i was told by city council

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that this case for 2210 and 2212 brenmar has already received sufficient uh continuances

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and they are disallowed from having any further continuances.

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They've already been continued more than once.

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And I was told...

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I'm sorry, this is Sharon.

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It's really the board's call on that

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and they have told the attorney for the applicant

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that it would be continued.

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Okay, so in other words,

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Curtis Jones' office was lying to us.

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I'm just asking.

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They were not lying to you, I'm sure.

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It was likely a misunderstanding.

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We can, though, if the board chooses,

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they can make it must be heard so there will be this will be the final continuance. Okay I was

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told prior also by speaking with someone from the board that he had exhausted all of his continuances

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because every time the neighbors sign on to protest and they then see it they then file

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continuances and we're continuing to take off work and adjust our schedules to address this grave

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issue. I'm, I apologize for that. I can only guarantee that this will be the last one.

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That's what we were told on the last hearing. Okay. Um, the continuance was requested by the

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attorney Vern Anastasio. Can we check to see if Mr. Anastasio is present?

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Mr. Byrne, can I unmute yourself?

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Yes, good morning.

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Good morning.

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I did request a prior continuance.

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It was not marked, must be heard.

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I understand that the second continuance would be marked, must be heard.

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It's only for 2212.

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22110 is not listed.

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I don't know what to say other than I'm trying to get compliance on my end,

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which is why I don't have an exhibit packet together.

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uh it the position of the rco is you know although i respect their position it's not relevant to my

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case um you know i have to as you all know we proceed with our cases all the time with opposition

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from rco members so uh again i ask that uh this because it's a compliance issue that i'm trying

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to work out that we we do have this as a attorney moving party but it would be in fact must be heard

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all right let me let me uh back up on that one okay we'll uh we'll make that a must be heard

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okay thank you so uh calendar number mi 2020 dash 001 957 2212 brimmar avenue must be heard okay

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thank you attorney moving party yes that's my request okay okay attorney moving party

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excuse me mr snow did you see my message in the chat yes i did okay i did i'm not sure if that's

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it but any other uh continuances anyone have their hand raised

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Mr. Stanley, you can unmute yourself.

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good morning good morning sir hi how are you please state your name and address

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Good morning, sir.

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Hi, how are you?

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Please state your name and address for the record.

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Stanley Perry, 1515 Market Street, Suite 1200, Philadelphia PA, 19102.

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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, I do.

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Okay, please proceed.

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I represent IB contractors on case number MI-2021-000357804 East Toyota Street.

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We're asking for a 30-day continuance.

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Okay.

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Excuse me.

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If you are granted a continuance, there is no guarantee that it will be 30 days.

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as you will be put on the list

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for continuances and informed

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of the date.

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Okay.

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Okay.

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All right. Anyone else

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in the audience wants to speak on this?

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804 East

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Tioga Street?

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Ms. Tioga Street?

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Yes. 804 East Tioga

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Can I interrupt for one moment? The man who spoke, Mr. Stanley, is it? You are the attorney for the applicant. I have another attorney listed.

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I am the attorney for IB contractors, LLC.

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And I'm sorry, can we please call Rachel Pritzker if she is present?

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Ms. Pritzker, are you out there?

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I do not see her in attendance.

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Okay.

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Since Mr. Stanley does not represent the applicant, if we could move this request back for a few minutes so that I can contact Ms. Pritzker.

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Thank you.

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Sure.

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I do represent the applicant.

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Okay.

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So, okay, you do, and are you replacing Ms. Pritzker?

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Uh, yes, I did. I didn't know that Ms. Pritzker was on the case. I'm sorry.

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Oh, no, that's not a problem. I just wanted to be sure that you were the attorney for the applicant.

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Yeah, Rachel's listed.

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Why don't we just, you want to push this one back a couple minutes?

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Yes, just a couple of minutes.

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Okay.

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Thank you.

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okay we'll come back to that case any other uh continuances anyone else with their hand raised

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mr earners are you trying to request a continuance

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no that would be all uh acting chair i'm just trying to find out how do we know the date

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of the continuance for brenmar avenue how will we find that out it will be posted online or you

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can always um email the rcozba inbox okay and what's that email rcozba at phila.gov rcozba

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at phila.gov yes okay and i just want to be clear so i don't have to keep interrupting or

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I don't mean to be a problem. Is there nothing listed for 2210 Bryn Mawr? Because there are signs posted for that property.

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Sorry, you have to talk about that offline. Chair, you can go on.

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Okay.

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Chair, I did contact Ms. Pritzker and she confirmed that Mr. Stanley is the attorney.

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She is not representing the applicant, so that can be continued if you'd like.

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Okay. All right. So, calendar number MI 2021-000-357-804 East Tioga Street will be continued. Okay.

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All righty. If there are no hands raised for any more continuances, which I don't think there are, we're going to move forward and call our first case.

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Calendar number MI-2021-0004001334 North 29th Street.

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The RCO is Brewery Town, Sharswood Community Civic Association, and I believe there's a letter of support.

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Ms. Dixon, can you please unmute yourself and state your name for the record? Spell it also for our stenographer.

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yes can you hear me yes we can miss dixon awesome state your name and address for the record that

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would be great okay my name is shanara dixon c-h-e-n-a-r-a last name is d-i-x-o-n the property

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address is 1334 North 29th Street, zip code 19121. Okay. Please proceed. Can somebody swear

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her in, please? Oh, yeah. Yeah, I'm sorry. Ms. Dixon, do you agree to waive the reading of the

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refusal? Stipulate to its accuracy? Yes, I am. All right. Have you also, have you emailed an

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exhibit packet with the required documents, proof of ownership, proof of tax compliance,

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copy of the refusal or referral? Yes, I have. And plans and photos five days prior to this hearing?

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Yes, I have. And have you met with the RCO and do you have a letter? Yes, I do have the letter

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and I did send it to attorney's letter. Okay, great, Ms. Dixon. You can proceed.

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And may you also swear her rent, please?

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Yes, I just did.

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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, I do.

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Okay.

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I'm sorry.

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I thought I already did that, but go ahead.

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Okay.

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I purchased this property last year and the previous owner has the property set up as a duplex.

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I just wanted to legitimize it through the city of Philadelphia to be recognized as a duplex

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the plan is for me to live in the bottom unit on the first floor and rent out the top unit

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but I just wanted it to be recognized by the city so I did get community support

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through a sign-in and I did go before the RCO and they approved it as well so

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I just want to make sure it's legitimized

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okay we appreciate that thank you anyone else uh in the audience like to speak on this

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yes we have a catherine catherine you can unmute yourself

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can you state your name and spell it hi my name is Catherine Mejia first name is k-a-t-h-e-r-i-n-e

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last name is Mejia m-e-j-i-a

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Ms. Mejia uh could you provide your address also for the record? Sure my address is 1323

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North 29th Street apartment 2 Philadelphia Pennsylvania 19121. Okay and do you swear

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or affirm to tell the truth the whole truth and nothing but the truth? I do. Okay great please

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proceed. Yeah. So good morning, everyone. I just wanted to come on to recognize my support for

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Shannara Dixon. I am a neighbor across the street. I have been witnessing the work that's been

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done on the property. I actually also live in a duplex that also has a special use permit that

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was not originally a duplex, but was split when the owner bought it. So I just wanted to come on

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to recognize my support. I think it's also much Shannara is doing to the property. I know that

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the property was originally already split when she purchased the property and she's just been

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in the process of updating the property and beautifying it. So as a neighbor, I just wanted

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to say that I do support Shannara. Okay, great. Anyone else in the audience have their hand raised

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like to speak about this uh property no more hands here okay uh planning commission

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morning this is uh ron bednar city hey ron could i swear you in first uh name and address for the

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record first name is ron r-o-n last name bednar b-e-d-n-a-r with the philadelphia city planning

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With the Philadelphia City Planning Commission.

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Commission. Okay, do you swear to tell the truth?

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Okay.

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

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I do.

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Thanks, Ron.

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Proceed.

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This property is indicated for residential on the city plan.

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Given the use history, we recommend that the requested variance be rent.

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Okay.

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Okay.

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Calendar number.

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Excuse me.

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Excuse me.

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Oh, I'm sorry.

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Yeah.

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Any questions from the board?

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Any questions from the board?

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no questions no okay great thanks thanks tom all right calendar number mi-2021-000400

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1334 north 29th street my vote is yes

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my vote is yes my vote is yes okay great okay thanks miss miss dixon

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