civus
Hearing video

ZBA Hearing - November 5, 2025

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

as i wish it didn't that's what it does allow so um i just wanted to make sure that that was

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absolutely clear thank you thank you is there anyone else jace

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no further hands mr chair planning commission

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oh oh come on come on up wait we have someone here come on up yes i believe my client had

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wanted to respond to some other comments so there's a there's another oh okay wants to testify

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come on take a seat

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I apologize.

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Take a seat.

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All right, and if you would, pull the mic close to you and turn it on.

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See the green button?

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Yeah.

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All right.

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

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Yvette Young, Y-V-E-T-T-E-Y-O-U-N-G.

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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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Are you a neighbor?

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No.

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All right, please proceed then.

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I just seeing the situation my concern for the residents there is when you build a three-story

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structure between two two-story structures you're now blocking the sunlight that those

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residents would typically be receiving so not only does it look strange which I've seen

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in a lot of cases around the city we're changing uh neighborhoods in a manner that is not

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historically the way that those neighborhoods were built and it does look odd all right thank

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thank you very much for taking the time we appreciate it um joe do you want to make a

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statement uh i believe my client wanted to just address a couple of the things that were were

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said he had his hand he had his hand up he can speak briefly and then i'll rest yeah just quick

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I know there was a comment made by Michelle that this was a garden or perennials, and it was never a garden.

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I have pictures before when we took down a 600-foot tree, and it was fully overgrown.

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I have pictures that were submitted as an exhibit.

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You should have them there, but this was never a garden at all.

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Okay.

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So, Mark, is your testimony that the garden issue was something that was sort of manufactured after the fact?

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Correct.

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correct the fence was always that white fence but the part of it had like a swing gate so you

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could go in there um we replaced that in the last month because michelle did start planning

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starting the plant when the rto notifications went out so we did put the fence up to secure it but

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no this i have pictures there was a monster tree there that was a a nuisance and and uh could have

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fell on somebody's house that we took down it was fully fully overgrown and i submitted them to the

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zba uh calendar as exhibits too and i can send them to joe to share on a screen if you need them

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okay i just have one quick question and can i ask one quick question to the uh to the attorney

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this is a privately held lot correct correct though it's not a publicly it's not public land

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right correct and it goes from property to property correct structure to structure if you

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were to do a side yard on each side how much width would you have to build something you would

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I mean, if you were to do the minimum, you'd be down to 12 feet total.

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It's 20 feet now.

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So bottom line, you could barely build something if you did any kind of setback.

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But the fact that...

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You would not be able to build a house as wide as any of the other homes on the street.

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And 12 feet is extremely small and not livable.

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so basically this is it would be a hardship to try to do anything other than kind of what you're

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doing absolutely and here's the here's the old tree photo as well is that right mark or is that

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is that a different tree yes that's a three i have i have actual pictures from my tree guy before he

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removed it of the lot and it was uh you know very very overgrown there there was not one flower in

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that in that yard behind that fence thank you mark planning commission amy boyd with the planning

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commission the comprehensive plan recommends no change in zoning at this location to the rsa3

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residential single family there are properties on this block that contain side yards where others

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do not the appellant has demonstrated that the narrowness of the lot presents unique side

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constraints for fully complying with the zoning code for side yard setback however the proposed

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deviation from the code is not the least minimum the planning commission recommends that the board

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grant their requested variance for no side yard with proviso minimum five foot set back

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okay um mr council we're going to hold this vote for two weeks we're going to vote on it wednesday

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two weeks from now at 2 p.m understood thank you thank you for your presentation

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have a good day everyone thank you bye thank you

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MI-2025-003-971-1920-4036.

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Excuse me, Chair.

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There was a request to hear matter number seven on the earlier side.

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Pounds?

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Yes, I believe Mr. Goldberg, I think, had a conflict this evening.

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So I think that request.

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And now you'll hear the rest of them together, right?

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Okay.

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All right.

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okay all right

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Okay.

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All right.

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thank you so number seven mi2025 004043 1128 mount vernon street

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alms goldberg is the attorney um mr goldberg could you state your name as

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spelled for the stenographer a-l-e-x-g-o-l-d-b-e-r-g right do you

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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 the relationship to the property

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Sure. My client is Lee Tereshuk. She's in the virtual audience. She's the owner of the property.

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Okay. Our vice chair has a few questions.

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Good afternoon. Have you emailed your documents five days in advance of this hearing?

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I have.

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And do you waive the refusal and stipulate to its accuracy?

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I think there's one inaccuracy, very minor.

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um there's no reference to the existing single family living that shares the building with the

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visitor accommodations i think the refusals are correct but in the description i think that should

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be referenced thank you at the 14th community organization rco uh 16 in support um one

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opposition and a letter of non-opposition from council member young and applicant also has 26

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signatures from neighbors 19 from the block that's right thank you okay um so my client

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lee tarishuk was before the board in 2022 where she got approval for this same variance

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nothing has changed here that variance is set to expire in on december 1st of this year

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of course we respect the the process and we understand the reasons why a you need a variance

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for this type of use and b why they're given on a temporary basis i think in this specific case

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this is a textbook uh you know good operator who has had no complaints from her near neighbors

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she got letters of support both times through this process uh but you know the variance is

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set to expire after the third year and we're here again um so i know the board has changed over but

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much of the information is the same here's our notice of refusal um again that that variance in

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2022 is set to expire december 1st 2025 for visitor accommodations and lee lives in the first

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floor uh and this visitor accommodations unit is on the second and third floor same building so she

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owns and manages the property it's one unit yeah so it's a two-unit building right like she lives

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on the ground floor she has a two-unit rental license even though technically she's one of her

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own tenants um and has you know great relationships with the neighbors here's the most recent letter

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of support that references 16 to 1 uh that there were near neighbors uh on mount vernon who voted

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in support at the meeting and that while they typically don't support these types of things

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they this owner has operated for three years without complaints and no one has reported any

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issues. Here's the meeting summary letter. This is the letter from 2022, actually a different RCO

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that said similar things and that they're in support and they trusted her at the time. And

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I think she's really made good on that olive branch that the RCO made to her. This is that

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notice of decision. And here's a two-unit rental license that she has.

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Petition, as you referenced, Mr. Chairman, 26 signatures, many of which from Mount Vernon Street.

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She has a good relationship with the neighbors.

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She told me she also has a good relationship with the sanitation workers on her block.

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Very kind lady.

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You'll hear her adopt my testimony if you have any questions for her.

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There are other Airbnbs nearby in this part of Philadelphia.

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She's not the only one in close proximity.

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Here's a zoning map.

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This is an RSA-5 property that legally has two units.

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Here's the photos. This is street to street. You'll see parking in the rear, not accessible

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by the guests. Here's the posting on both facades to the right of the property on Mount Vernon and

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to the left. And then Clay Street is the rear street behind her. Interior photos. So again,

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second and third floor, there's sort of a sunroom up there. There's a roof deck. There's actually a

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sauna in there. There's nice amenities. She really takes personal enjoyment out of the people

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that she meets that stay with her. Designed for four to six guests at a time. She does have some

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longer term bookings like two to three months that signed an additional rental agreement. She's got

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284 reviews, 4.96 stars. Here are some of those. There you go. 4.96 guest favorite. She has quiet

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hours no parties no smoking no pets and you know generally has been an asset to the community here

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and, you know, generally has been an asset to the community.

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Here's very basic plans.

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The owner's apartment is here on the first floor,

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accessed through a common vestibule.

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You go up the stairs, you have a bedroom and a bathroom

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with kitchen and dining on the second floor,

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and then upstairs you have more living spaces

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and like a large balcony, but considered a roof deck

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and another bedroom there as well.

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Here's the meeting notice.

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We met with the RCO in October.

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Mailing certificates, application for appeal, and tax deed and tax clearance.

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And the one thing I'd ask the board to consider before I call my client on to adopt my testimony

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is possibly four to five years, but we deferred to the board.

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Why don't you bring your client on?

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Sure.

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Lee, if you could raise your virtual hand.

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Can you hear me?

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We can.

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Hi, could you please state your name and spell for this letter?

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Okay.

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My name is Lee Terechchuk, L-E-E-T-E-R-E-S-C-H-U-K.

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

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Yes.

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Could you turn your video on?

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Hmm?

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Could you turn your video on?

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Turn the video on.

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What do I do?

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Okay, why don't we start the testimony, Counselor?

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Okay.

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hi lee did you hear my testimony today yes i do and was it true and correct yes do you adopt it

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as your own yes is there anything else that you'd like to share with the board today about your um

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your short-term uh your visitor accommodation oh i really appreciate my neighborhood um

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If my neighborhood is not safe, actually, even the zoning, my guests will not appear.

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My guests come from Six Continental, even come from Israel, North Europe.

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So it's not only exposed for Philadelphia, it's also for USA.

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Most of my guests worry about safety.

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so I really want to show appreciation

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my neighborhood has been

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even better than before

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and my guests they feel safe

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so I just

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want the board to know

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besides you approve I also want you

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to show appreciation how

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Philadelphia has improved

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and then my neighborhood

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be safe for all my

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guests because their safety

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is my first priority

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okay thank you very much

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Questions from the board?

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Questions from our attorney?

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No, Chair.

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Questions or comments from this audience or the virtual audience?

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Planning Commission?

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change to the RSA 5 residential single-family zoning at this location.

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the appellant has not demonstrated that there are unique physical conditions or circumstances

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of the property that would prevent it from being used in conformance at the zoning code

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the planning commission recommends that the board deny their requested variance for visitor

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accommodation mi-2025-004-043-1128 mount vernon street i vote yes with proviso temporary variance

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which expires 12-1-2029.

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Michael Johns, my vote is yes with proviso.

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What is it with existing?

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I mean, maybe just proviso that it's limited to the...

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Proviso limited to the second and third floor.

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Michael Johns, my vote.

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So is it this three years,

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