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Hearing audio

ZBA Hearing - February 3, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 3, 20261h 44m

Good morning, everyone.

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My name is Bill Bergman.

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Okay.

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Okay.

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Good morning, everyone. My name is Bill Bergman, and I will be chairing this meeting of the Philadelphia Zoning Board of Adjustment. With me is our Vice Chair, Teneda Graham.

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Present, Mr. Chairman.

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Our Board Secretary, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Board Member, Michael Johns.

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Present, Mr. Chairman.

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board member taiya when she she should be here any minute and our board member ryan mcadams

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president mr chairman also here is our attorney hillary emerson our zoning board director aane

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hagerty our board administrator lakeisha dandy recording of this hearing will be posted on the

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zba website by participating you consent to be recorded this is an in-person meeting with remote

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capabilities whether remote or in person if you're called to speak you must state and spell your

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name then wait to be sworn in once you've been sworn in please state your name each time before

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testifying any person may enter their appearance to become an interested party you can identify

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the case property address in your zoom webinar you can see a staff member or you can call the

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eba appearance line by the close of business tomorrow call 267-270-5548 leave a message

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that includes your email address and the address for the property of the appeal case the following

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guidance is for remote attendees when directed by the chair you must raise your virtual hand

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in order to be recognized if you're called to testify you'll be prompted to join as a panelist

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please accept the request and turn on your camera third the webinar Q&A is

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for questions about the hearing do not comment on the cases in a Q&A fourth if

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you're participating by phone press star 9 to raise your hand and star 6 to

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unmute for our in-person attendees please refrain from talking eating or

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drinking verbal and physical aggression will not be tolerated restrooms are

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across from the elevators a water fountain is just outside the room to

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the right when speaking on the record you must speak directly into the microphone in order to

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be heard by all attendees and the court reporter in the event of emergency please follow the

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directions given over the public address system or by the staff the main exit is through the double

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doors at the rear of the room the nearest stairwell is to the left outside the doors

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in case of an evacuate evacuation the rally point is love park directly across 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 today.

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Number three, MI 2025, 004-069, 5424 Valley Street.

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This case is continued until 6-3-2026 at 2 p.m.

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And number nine, MI-2025-006-889,

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3001 Hellerman Street.

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This case is continued until 6-3-2026 at 2 p.m.

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Are there any other requests for continuances?

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Good morning, Chair.

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This is Jasmine, and I will be your co-host for today.

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I see no hands at this time.

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Okay, thank you.

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We're going to start with number two, MI 2025 002 368 4821 Garden Street.

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Al Nockamson is the attorney.

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alan knockamson will be rejoining us as a panelist okay thank you mr knockam could you please state

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your name and spell for the stenographer alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n

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do you swear or affirm to tell the truth the whole truth nothing about the truth i do

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Mr. Nocklinson, this is a resumptive hearing.

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You will give us an update on your presentation of the amended refusal.

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There will be questions from the board.

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There will be public testimony only limited to the amended refusal.

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there will be public testimony only limited to the amended refusal and um planning will

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i understand um planning may make a recommendation at a later date um yes i think planning just um

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they want a chance to review the revised refusal and they'll just need so we won't vote on this

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we'll wait for to hear from planning uh i just need to be promoted as a panelist so i can share

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we'll take care of that and you're going to be held to a half hour i'm not going to need a half

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an hour okay well we we think there may be other people that's why they're okay to be held to a half

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hour um there there are quite a few uh letters of opposition as you're aware um did you recently

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had another rco meeting we have not mr chair okay all right okay thank you all right

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oh can i just be promoted as a panelist

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yeah we'll we'll take care of that for you

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Thank you.

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it's not going to be before you start you can give us just a two-minute overview where

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we were with this and where you are now yeah so mr. chair this is an icmx property on a

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30,000 approximately 30,000 square foot lot has a long history of industrial use as a

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painting and manufacture manufacture of painting products uh it's currently a vacant property

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uh my client is and and we are surrounded with a lot of industrial or non-residential uses we do

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have some residential uses nearby which are two-story residential single-family structures

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my client originally proposed to have 48 dwelling units in a five-story building

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with 54 parking spaces after meetings with the community they have elect and with three

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commercial units there on the ground floor after meeting with the community we we downgraded the

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density of this project for 24 units got rid of two floors of the of of the five floors so now

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it's a three-story structure where the residential units are in the second and third floors the

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commercial units on the ground floor there's a lobby there's a trash room and we increase the

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amount of units from excuse me parking spaces from 54 to 57 so you have a basically over two

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parking spaces per residential unit and then you have a few floating parking spaces for the

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commercial unit as well. So in order to properly memorialize that, we received an amended refusal.

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So originally our refusal, the first refusal, had a refusal for multifamily living where this is an

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ICMX property where multifamily use is not allowed by rights. And then we had issues with our roof

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deck and our front setback with our change in plans we also got rid of the roof deck access

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structures as well so our revised refusal has now two refusals in it apparently the examiner

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originally missed a side yard with refusal where eight feet is required by code where we are five

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feet two inches at its smallest point but on the left hand side of the product the property which

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has the commercial unit so if you look at the the and we can look at it quickly the site plan

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it's an irregular shaped lot on this left hand side where i believe the side yard width at its

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greatest point is 12 feet um so you know again from a undue hardship standpoint we believe that

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we've met that burden because of the irregular shaped lot uh the secondary refusal again has

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all to do with the multifamily living so we did receive you know prior to making these changes

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a letter of opposition from the community and they went through the analysis of what

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a letter of opposition from the community.

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And they went through the analysis

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of what would be required of us for undue hardship.

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Ultimately, if you read the letter,

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I don't think they have an issue with residential use.

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They just wanted to have it as single family use.

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And again, the lot width is 166 square feet.

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Given the size of the lot,

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we think it's more appropriate to have this as multi-family again to leverage because they also

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said there's a parking situation in their neighborhood where there is you know not

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enough parking in the neighborhood so by providing 57 off street parking spaces that would be a

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better scenario for the community in terms of the parking situation so that's where we are that so

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I just wanted to address the refusals, how we got from point A to point B, and we believe that multifamily use with off-street parking is closer to the zoning code classification of ICMX than single-family, because you can't go from industrial to single-family.

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That's like polar opposites, so we think this is one step down in a way.

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Thank you.

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okay um do you want to bring your client on and adopt the test yes yes i think he did last time

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but yes yeah well you change right uh yeah yeah i mean yes yeah okay uh can i have mr cadrew uh

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virtually raise his hand he's the principal for 1934 diamond estate llc the owner of the property

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hadrew will be joining us as a panelist

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hello i'm here good morning good morning could you please state your name and spell it for the

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stenographer gentian kadrio g-e-n-t-i-a-n less than k-a-d-r-i-o right do you swear or affirm to

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tell the truth the whole truth and nothing but the truth i do counsel uh yes mr kadro you heard

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everything I had to say today about your zoning matter yes as in true and

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correct yes and the adopters your own testimony yes thank you all right

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questions from the board I have a quick question do we know how many single

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family homes would would fit in this space if it were single family units so

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So if they would be 16 feet wide properties,

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if this was an RSA five zoning classification,

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you would get 10 single family properties,

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but then the lot size would be almost 3000 square feet,

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which is completely, because of how deep the lot goes.

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So it would be out of character.

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That's what we're dealing with too, a rather large lot.

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So it just, it wouldn't make financial sense.

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and i would ask mr kadru to confirm that from a from a dollar to cent standpoint mr kadru

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would you be able to would it be feasible for you to build 10 single-family homes here

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um no and also the parking situation which the community was very opposed of if you put a 16

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feet house you can't really put a parking or you're gonna have to make a a big curb cut pretty

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much and the parking is actually on the on my lot size side well the parking right now is on my lot

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side so we're only using the driveway that's already there the curb cut that's already there

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okay um other questions from the board

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questions from our attorney hillary emerson not at this time this question from the audience come on

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Come on up. Yep. Good morning. Is that on? Good morning, Mr. Chairman. Good morning. Could you please state your name and spell it for the stenographer?

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Michelle Minch, M-I-C-H-E-L-L-E, M-I-N-C-H.

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

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I do.

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Okay, so your testimony should be on the new information that he just gave.

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And then the second thing was we're trying to keep it tight so you've got a couple minutes, okay?

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Thank you.

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So I did submit.

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I just want to touch on a few things that he brought up.

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It is not vacant at this time.

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He's currently running his electrical business.

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out of the property so it does have use um i submitted the lni paperwork through the portal

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there are nine current violations on the property okay that were just cited in january

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so it's not a vacant property um i just want to clarify that also on the

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so it's not a vacant property i just want to clarify that also on the record i wanted in our

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community meetings and the last hearing no one had any parking concerns just so that's on the record

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other than that i just had a statement um that i understand this was an investment and we all know

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that investing is risky in my personal opinion this was a high risk investment as a developer

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where he knowingly bought this property, zoned ICMX,

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and not for what his plans are as residential commercial.

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If I was investing this large amount of money,

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I would personally would have did more research,

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a market analysis, and a community outreach

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to see if this project is even welcome or needed

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in the Bridesburg community.

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It is not the residents nor the community's responsibility

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to make sure this is a profitable investment for him.

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Our community has voiced that we need houses,

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single family homes.

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our city has voiced that we the citizens of philadelphia need more homes our own mayor

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cheryl parker has stated that she wants homes for our citizens of philadelphia not apartments

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so they can invest in their future i understand that this investor might not be able to do single

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family homes at this time or as many single family homes so he gets a bigger return on his investment

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but again that is not the resident nor the community's burden that is his if he is unable

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to do that at this time it is requested that he drops the zoning appeal and leaves the property

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zoned as icmx and continues to run his electrical business out of there as he has been doing

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since october of 2025. no one in the community is opposed to him running a business out of

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there and keeping it industrial as long as he is adhering to all lni codes and standards he

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currently has the nine open lni violations which need to be rectified for the community and for

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the business's own safety and along with this past week snowstorm the property has not been

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properly shoveled we took pictures and submitted that as well so it's not showing good faith to

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the community that he's even up keeping the property now going forward it would be more

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important if there's going to be more people in cars that it'd be properly taken care of okay

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thank you thank you very much do you have any questions no i think well why don't we do this

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why don't we see if there's anyone else is there anyone else in the virtual audience

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oh come on come on sure

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could you please state your name and spell for the stenographer

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i'm going to get a little closer to the mic that's no that's good go ahead margaret gary

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m-a-r-g-a-r-e-t last name is a-g-u-i-r-r-e do you swear or affirm to tell the truth the whole

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truth nothing but the truth yes um so with what so the same issue you should testimony should be

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on what he presented today not the past and the other thing is try to keep it to a few minutes

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absolutely all right thank you so my biggest thing he said that he cannot put 10 properties there

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because of parking concerns there's been other buildings built on richmond street which is

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around the corner from us that have sorry that have um elevated housing and they have parking

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in the back he's worried that the property is too big and he couldn't accommodate and that our

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biggest concern in the neighborhood was parking which wasn't brought up at any of the meetings

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that i've attended if you truly wanted to put 10 buildings there he could and put parking behind

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there that's my biggest thing and i'm still concerned about the epa testing that we haven't

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been said anything thank you very much for coming down is there anyone else in the audience the

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virtual audience i have two hands chair okay but for now um barbara jackowitz i'm going to allow her

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to speak

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hello my name is barbara could you please state your name and spell for the stenographer

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it's barbara jackowitz b-a-r-b-a-r-a-j-a-c-k-o-w-i-c-z do you swear or affirm that tell

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the truth the whole truth nothing but the truth right i do um barbara uh we've had two people

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testify already could you um please testify to anything different than what what we've already

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heard and then give us your short synopsis of where you stand

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