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Hearing video

ZBA Hearing - November 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Nov 5, 20256h 5m

been able to start he got a permit for indoor demolition so he was able to start clearing

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through he replaced windows this is kind of some of the before etc etc this is some of the layout

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um my understanding is that the initial permit that was submitted to l and i didn't include any

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any plans he hadn't invested yet on an architect to have plans and my understanding was that l

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and i didn't ask that and didn't ask for them but that it was you know the denied and i know that

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when we uh that initial april 25th appeal um there i don't know that there were plans there

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there were plans that were um drafted and presented at the rco meeting but i i see that

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they weren't included in this packet i can if you want to see share with you um and then submit it

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if you'd allow that a pdf i have a pdf of the plan sorry so so i think what we need to do is we need

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to see what you're going to do like that like a drawing with you right now like drawings what

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it's going to look like we you know for both floors right so yes that with you i do um let me

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see if can you share this can you see this tab we see it maybe you can blow it up just a little bit

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okay okay so you can see the basement there's no living space in the basement it's just storage

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um and here's the first that's the first floor that you're looking at and then the second floor

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is to the right um so these plans which were the ones presented at the rco have it set up as like

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A TWO-BEDROOM ON EACH LEVEL.

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SO THAT FIRST FLOOR, THERE'S A KITCHEN IN WHAT YOU'RE CALLING COMMON

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space there's like not a living room or what is what is that yes it's a common space together so

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a kitchen with um you know a common space all all in one okay

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um you know a common space all all in one okay and then a washer dryer with two bedrooms all

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which have their own windows and then a bathroom okay um questions from the board

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uh trash storage what's the plan what's the plan for trash

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so in the back there's a storage um area in the back of the building and that's where the trash

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cans will be and so there's it sorry go ahead no go ahead and there's which i don't think that you

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can it just says storage unit i don't have a picture of but it's oh well i guess from the

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very front of the building you could it's basically the back on taconi street so there's storage

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They'll store these in that what says storage unit is that's a garage that's attached to it.

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Currently, it's a garage. Yeah. And my understanding is there's a separate permit that was submitted to L&I that's still pending to bring into compliance that area, because apparently that's not really a garage.

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It's so there's some changes that will need to be made to bring that into compliance.

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Again, more of the investments that have to be made.

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But the plan, again, is back in what you saw on that first page that had kind of like a garage towards the end would look like a garage.

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That's the storage area. And it will be just a smaller storage area back there to fit all the trash cans.

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And there's a deck off of the second floor.

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so this will this is part of the of that other permit that is still pending but the idea is just

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to be able to have stairs from outside so instead of that other area that you could see in that

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initial picture on the back which kind of had like a full deck area on top of that storage

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area beneath this will just be the smaller storage underneath some stairs this is if we get the

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approval that's pending, which I think is contingent on us getting the variance. But

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then they would build the stairs to be able to go up independently into the second floor. So

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there'll be a small area so that it's, you know, it's not like a big deck, but just an area so

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that you have a landing, so to speak, up there, which is back there.

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other questions so when you say storage unit you mean we have a picture of do you have a photo of

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it yeah just let me see if from the street it looks like a garage right and that's the that's

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part of what is subject to that separate pending permit application which is to bring it into

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comply here let me see if we can see let me blow this up

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so from this picture i think you can you can see what looks like like a deck on the top and what

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looks like a garage which again these need to be addressed but that's part of that separate

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application. And I will, if once I can bring in my client in to testify, he can also explain more

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of the details of what's pending there, but there's not going to be that top full

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sort of deck that appears to be there. And this isn't going to be, you know, sticking out here

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in that way, but it'll be storage that will be compliant storage back there underneath the

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planned stairs is there a curb cut there too i cannot answer that curb cut shows up on the atlas

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i mean on the google on google earth it shows there's a curb cut right in front of the garage

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door i'd have to yeah i'd have to defer that maybe to my client if he can why don't you bring

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your client on. Yes. So he's Dr. Alexander Schlachterman. He should be here if he could

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raise his hand to join in. Thanks for being rejoined as a panel shortly, Counselor.

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Thank you. I understood. Yeah, I apologize. I know he's currently working at the hospital and

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he's trying to remain as available as he can. Hi, everyone. Can you see me?

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We can. Yeah, sure. Oh, very good. Good. Could you please state your name and spell for the stenographer?

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Yes. Hi, my name is Dr. Alexander Schlockterman, A-L-E-X-A-N-D-E-R, last name Schlockterman, S-C-H-L-A-C-H-T-E-R-M-A-N-E-R.

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Last name Schlockterman, S-C-H-L-A-C-H-T-E-R-M-A-N.

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

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Yes, I do.

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Counsel?

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Counsel, could you?

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Hi.

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Hi, Dr. Schlockterman.

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Have you heard the testimony that I have provided up to now?

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I have, and I attest that it is true, and I agree to it.

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I was going to ask if you could attest that it's correct and accurate, and do you adopt it as your own?

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I do.

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Thank you.

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Are you going to ask them about their background?

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Can you share with the board more information about the curb cut and about what looks like a garage currently?

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Yes, I can.

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Thank you.

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So in that area, it had previously been used as a garage space with a garage door and the curb cut for cars to enter and exit that area.

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We found upon investigation of the property that this was not legally obtained.

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And so we are not planning to use it as a garage space, but rather maintain it as a storage space.

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we've removed the first three feet which were again not in compliance that's that overhang roof

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that came with the demo permit and the and the facade corrections that we did as well and so at

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this time there is access to the back of the building through those doorways and as I said

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it's not being used or planned to be used as a garage okay questions from the board

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okay i'm still on the storage unit thing um so there's is there a walkway uh something there

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there was talk of putting stairs there to make an entrance for the second floor is that what

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you're planning to do there or yes ma'am so the egress from the second floor um currently the

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space that we're calling storage will be maintained with the walls. The roof was in

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disrepair, and so that's been removed. And we currently have access to the second floor.

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And again, that will be future permit provided that we're able to move forward with the duplex

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so that we'll be able to have an egress from the second floor down to the street and then

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turning along the side of the building and right at the back door, which is, as you can see that

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overhang in the previous garage space, that's the access to the back door. So that area will be

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accessed so that there's an addition of steps. It's not a building, but it does warrant a permit

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for an addition to be built for those steps, which will be covered stairs coming from the second

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floor down to the street giving entrance and exit for the second floor. All right so you're going to

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have then two means of ingress and egress to the second floor is that what I'm hearing? Currently

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it will be one means from to the second floor through the through the back staircase there

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will be windows in each bedroom the only entrant the only other exit or entrance to the building

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will be from the front of the building to the first floor so each apartment will have an egress

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with windows. All right. And then this overhang, is that an awning? It used to be. It has been

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removed when we found that it was not within regulation or it wasn't allowed, basically. I

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don't know that the previous owners had installed these things. That was all removed once we found

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that it was not allowed. And are you still going to have that garage door there or are you going

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to put something else there? I would put doors, but not garage door. And yeah, it'll be much

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easier to access doors, opening, closing to move the trash cans in and out. Okay. And then my only

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other question, and, you know, again, why two bedrooms? Yeah. So as I, I'm sorry, I go ahead.

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I mean, the living, the actual living space is a little small, and it looks like the bedrooms are

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take up most of the um the area for the unit so um and and so in thinking of the plan the for

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the floor plan as to whether this be you know a one bedroom on each floor versus two bedroom uh

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it is within code to have larger um these these rooms are uh i believe the the measurements on that

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plan that Ms. Acosta brought up, but they are within code and they were at least 10 by 12,

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I believe, bedrooms with enough floor space to have, oh, there we go.

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So the measurements may be on there, may not. But these are the, they're actually pretty good sized bedrooms. I agree that they could be bigger and you could have huge rooms.

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The measurements may be on there, may not, but these are the,

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I think you're referring to the actual living space, which you're calling a common space where the common space kitchen and the living room is like.

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yeah so pretty small compared to uh the space that you have for the um for these yeah so so i i grew

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up in a house where the common space was really the space where family hung out and uh and enjoyed

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company uh and really it with the with the modern view of the kitchen connected to the living space

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it cuts out those unnecessary rooms that aren't used like a dining room.

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And these, so in my understanding and the way that I feel that this would be a nice setup

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was that you could actually have a big open area like we have here for the living space

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and easy access to stay connected to mom or dad, whoever's doing dinner.

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And so that was my thought process in this open forum.

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all right and it's also easier for keeping an eye on kids which I have too and I think that

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it's tough if you want to be with them I don't have I don't have an issue with

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you having an open I think they call it open concept there I think that the open concept

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is in a very small space as compared to the space that you have for the two bedrooms and

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if you had just one bedroom you'd have more space for this common area if you will just my

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just my two cents here any other questions i agree questions or comments from our attorney

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ryan mcsherry uh good afternoon uh i just wanted to note that i guess the the requested variance if

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granted by the board today would only apply to i guess the property as it currently stands it

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would not apply uh the use variance would not apply to any future additions to the property

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the applicant would need to get a refusal and then come back to the board to essentially

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extend the variance to those uh to any additions to the property

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okay questions or comments from the audience or the first audience

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yeah i do not see any hands raised hi planning commission amy boy with the planning commission

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amyboid do you swear or affirm to tell the truth the whole truth nothing but the truth i do please

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proceed the comprehensive plan recommends no change to the rsa 5 residential single family

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zoning at this location the city rezoned this neighborhood in 1971 and the council supported

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map change there are no unique physical conditions or circumstances of this property that would

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prevent it from being used in strict conformity with the zoning code this is a primary single

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family block face. The planning commission recommends that the board deny the proposed

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use variance for two dwelling units. So counsel, I'm going to hold this case and we're going to

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vote on it on in two weeks on Wednesday at 2 p.m. We're going to go to executive session and just

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trying to iron out some of the things that we've heard today and figure out where we stand with

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this. Okay. Okay. Can I add one? I know that wasn't included, but I was looking at Atlas.

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If I may add that it is an RSA five area, but there are right across the street directly in front and catty corner on both of them and behind multiple CMX twos that are half, you know, multiple units allowed.

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So it would be disruptive to the neighborhood.

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Well, that's part of the record.

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Your comments will be part of the record.

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OK, so two weeks on Wednesday at 2 p.m.

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We will vote.

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OK, thank you very much.

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Thank you.

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Is there anyone left from this morning whose case has not been called?

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I do not see any hands, Mr. Chair.

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Okay, so here we go with the afternoon session.

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Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing this meeting of the Zoning Board of Adjustment.

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With me is our Vice Chair, Tanetta Graham.

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Present, Mr. Chairman.

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Our Board Secretary, Charlotte L. Gaston.

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Present, Mr. Chairman.

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Our Board Member, Michael Johns.

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Present, Mr. Chairman.

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And our Board Member, Ryan McAdams.

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Present, Mr. Chairman.

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Also here is our attorney, Ryan McSherry, and today we also have with us, let me get her name here, Maria Como, who was a third-year Villanova student who's been helping out with our attorney's house today, right?

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And also here is Ian Haggerty and our border administrator, Lakeisha Dandy.

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Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in-person, if you're called to speak, you must state and spell your name.

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Whether remote or in person, if you're called to speak, you must state and spell your name.

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Once you've been sworn in, please state and spell your name each time before beginning

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your testimony.

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Any person may enter their appearance to become an interested party to a case.

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There are three ways.

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You can identify the case properly on Zoom webinar.

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You can see a staff member, or you can call the ZBA appearance line by the close of business

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tomorrow.

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Call 267-270-5548.

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leave a message that includes your email address and the address of the property of the appeal

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the following guidance is for our remote attendees first when directed you must raise

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your virtual hand in order to be recognized second if you're called to testify you'll

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be prompted to join as a panelist please accept the request and turn on your camera

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the webinar q a is for questions about the hearing do not comment on cases in the q a

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And fourth, if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, please refrain from talking, eating, or drinking during the hearing.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevators.

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Water fountain is just outside the room to the right.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees.

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In the event of an emergency, please follow the directions given over the public address system or by the staff.

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The main exit is through the double doors at the rear.

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The nearest stairwell is to the left outside the doors.

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In case of evacuation, the rally point is Love Park, directly across from Art Street.

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Please remain there so we can account for you.

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Let's look at our schedule for this afternoon.

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Number one, MI-2025-001-870-1518 West Tioga Street.

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