civus
Hearing video

ZBA Hearing - August 16, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 16, 20233h 50m

Thank you.

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The attendees are coming in.

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I'm waiting to see a phone number for Mr. Holloman, okay?

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Thank you.

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Take your time.

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Okay.

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and will he also be on the uh computer so he can um see

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i think this is him let me see

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you want him logged in also as uh on a computer with his name

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yes so he can um see the presentations perfect mr holliman

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please unmute yourself yes yes good morning can you hear me we can Tom good morning you can hear

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me Bill absolutely yes okay thank you I'm using my my phone and the computer perfect thank you

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sir okay Mr. Holliman if you're able to okay I see you now perfect we ready to proceed as you

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is chair okay thank you good morning my name is bill bergman and i will be chairing this morning's

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eba hearings with me is our vice chair ishmael shaheed president mr chairman our board member

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thomas holliman president mr chairman and our alternate board member emily persico from

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Development Services.

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Present, Mr. Chairman.

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Also present is

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Hilary Emerson, our attorney.

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Here's our virtual format.

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Be advised the proceedings are being recorded.

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The video will be available by

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contacting TanyaSunkett

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at phil.gov.

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For the benefit of our court stenographer,

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we ask attorneys and witnesses

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to identify themselves before testifying.

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If you're participating

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by phone and you wish to testify,

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press star 9 to raise your hand

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and star six to unmute. If you want an appearance statement, call 267-270-5548. Leave your email

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and the address of the property in question. And finally, the question and answer box on the screen

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is not for comments or testimony. All comments should be directed to our executive director,

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time or something. Let's look at today's schedule. Number two, MI 2022-005-501-2316 Memphis Street.

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That case is continued. Number three, MI 2022-005-434-5953 Master Street. That case is continued.

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Number five, I-2022-005-088-4913 Lawrence Street.

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That case is continued.

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Number six, MI-2022-005-082-5600 Sydenham Street.

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That case is continued.

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And number 11, MI-2022-005-082-5600 Sydenham Street.

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M.I. 2021-005-236-776 Martin Street is the owner applicant present for this.

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James Hellings is the listed owner.

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Good morning, Chair. This is Jebette Benton. I'll be your co-host for today.

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We have someone with their hand up by the name of Jessica Rogers.

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Okay.

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Mr. Chair, that's the co-owner on the lease.

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Okay, thank you.

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I mean, sorry, on the deed to the property.

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Okay.

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They have been unmuted and allowed to speak.

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Good morning.

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Could you state your name, please?

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It's spelled for the court stenographer.

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Hi, my name is Jessica Rogers.

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It's J-E-S-S-I-C-A and R-O-D-G-E-R-S.

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Right.

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

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I do.

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um so this is your fourth listing and you need another continuance correct so so this case is

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going to be continued but it's mark must be tried the next time we just can't go on a fifth time

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okay so this is the fourth listing the fifth will be the last okay thank you very much thank you

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So this is the fourth listing. The fifth will be the last, okay?

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Thank you very much.

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Thank you. So MI 2021-005-236-776 Martin Street. Cases continued. Mark must be tried.

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Is there anyone else who needs a continuance or is requesting a continuance?

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chair I see not just a moment Mr. Orphanides just put his hand up

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okay they have been unmuted and allowed to speak Mr. Orphanides could you please state your name

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sure uh David Orphanides right spell for the court reporter please certainly O-R-P-H-A-N-I-D-E-S

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you swear for him to tell the truth the whole truth nothing but the truth I do

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Mr. Orphanidis, do you want to speak about the Adolin case?

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Oh, I'm sorry.

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Yes, I guess that would be, I forget where we're on the list.

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No, no, no, no, it's okay.

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We can do it now.

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We can do it now.

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Yeah, so it's 332 Delancey, MI 2022.

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I have it.

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And I'm still working with the Council for the Neighbors and Council for Society of

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Civic Association to try to come up with a settlement here.

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All right.

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So MI-2022-001-058-332 Delancey Street.

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This case is continued to Wednesday, August 30th at 9.30 a.m.

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Thank you.

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Are there any other requests for continuances?

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Chair, I see no hands at this time.

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Number seven, MI-2022-005-589-1320 South Capitol Street.

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Ladden Carr is the listed owner, and it's also Bundy LLC.

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There are no exhibits.

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The coordinating, the RCO is requesting to continue it.

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It's Mr. Carr here, or Ladden Carr here.

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if you're in the virtual audience please raise your hand

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Mr. Chair this is Hillary I just wanted to clarify that the

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the RCO requested a continuance at the last hearing

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oh I'm sorry I'm sorry my phone no request yeah it's okay we've received no

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requests for continuance from any party for this hearing

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Chair I see no hands at this time okay so

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MI 2022 005-589-1320

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East South Capitol Street. This case is continued. Mark must be tried.

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Okay, we're going to go to our regular list.

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Number 14, MI 2023-001-116-100-02-West Ainsley. It's a pro se case. Christopher Francisco,

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Hillary Emerson has recused herself.

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Ryan McSherry is the attorney who will be filling in for the zoning board.

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Chair, Chris Francisco is coming back in as a panelist now.

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Okay.

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There's a letter of support from the 42nd War with Proviso.

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Okay.

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good morning sir could you state your name please and spell for the court reporter

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good morning my name is chris francisco uh c-h-r-i-s last name is f-r-a-n-c-i-s-c-o

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right do you swear a firm to tell the truth the whole truth nothing but the truth

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Yes, I do.

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This application is for personal services, a barbershop, at first floor with single-family household living above.

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No sign on the application.

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Proposed use of personal services is prohibited in the RSA 5 zoning district,

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and the proposed use of multiple principal uses on a lot is prohibited in the RSA 5 zoning district.

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Our vice chair has just a few questions for you, sir.

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Good morning, sir.

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So have you emailed in all the required documents and exhibits that are needed to proceed with this case all days in advance of this hearing?

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Yes, it would have been sent from Cheryl.

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Cheryl Paulos, she had a she's the architecture that's on the job or assisting with the job.

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And she had a family emergency and had a travel to Maine this morning.

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But if possible, I'd like to proceed.

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But she did.

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Are you are you the owner of the property?

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yes i am okay um please proceed and share your screen

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sure

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We see your photo, if you're up.

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Oh, okay. Awesome. This is the application that was submitted. We also have

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the letters that were sent to the neighborhood

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the letter that was posted on the property

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the property deed

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Christopher, my name

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We have the RCO letter of support with some provisals.

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And I would like to begin if you don't have any more questions.

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My name is Chris Francisco.

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I currently live at 102 West Ashdale Street since 2019.

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However, I moved to Philadelphia in 1996 at the age of six.

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have been an only resident ever since. I went to grade school, middle school, and high school

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within a few blocks from my house. Also went to college, also went to Temple for college.

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So I've been a Philly native basically my whole life. In 2019, I purchased 102 West Ashdale Street

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with the intent of living next door to my business. However, unbeknownst to me at the time,

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at some point before me purchasing this property, it was changed from mixed-use zoning

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to an RSA5. As you can see on the Google Maps, the property is structured and has always been

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a business throughout time. This is 2008, 2011, 2012, 2014. There's a sign that was like a

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restaurant. Same thing. This is right after purchasing the property. And this is as of March

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2023. In 2019, I learned that in order to open any business in this property, I need to obtain

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a variance, which I went through the process. The variance was partially granted with a few

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provisals. However, the provisals that were imposed did not make it a viable business for

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me to open. Basically, I wanted to open a corner store with hot food, and what was granted was a

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corner store no hot food um the hot food was the the big was a big portion of the revenue i expected

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to come from i attempted to rent it but could not find a tenant uh the property has been vacant for

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a few years now which brings me here where i am trying to open a barbershop i obtained 30 signatures

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of support from my neighbors and a letter of support from the principal of alany high school

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i'll share that now

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This is the letter of support from the principal.

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And here are the signatures from 30 residents, 30 of my neighbors.

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we had a uh some we had i had a great conversation with the principal and we talked about plans of

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offering a CTE program for the high school students that want to pursue a trade instead

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of college. I received the RCO support, however, with two provisals. The two provisals are I can

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only open six days a week and I can only stay open until 7 p.m. While I'm very grateful and

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appreciate the RCO support, the provisals that were suggested puts me at a huge disadvantage

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among the other barbershops in the area.

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I'm asking the board members on the call

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to consider allowing me to stay open

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seven days a week and until 9 p.m.

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In a few minutes, I'll show you a data analysis

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completed by Anthony Hill,

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who is a subject matter expert in data analytics.

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However, before showing you the report,

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I wanted to mention that by closing at 7 p.m.,

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my last haircut appointment will have to be 5.30.

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Most haircuts take about 30 to 45 minutes, which would put me at around 6.15 p.m.

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which would put me at around 6.15 p.m., and I would need the remaining 30 to 45 minutes

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And I would need the remaining.

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to clean up the shop. If I was allowed to stay open until 9 p.m., I could take appointments

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until 7.30. This will allow people to get home from work and get a haircut. I'll show you the

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PowerPoint now. Anthony Hill is a subject matter expert in data analytics and you may see he does

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work for the Philadelphia Police Department. So where you kind of see where murders are occurring

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in certain zip codes, he's the one who kind of put that information together and does work such

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as that. We wanted to show all the bar or a good amount of barbershops in the 19120 zip code.

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However, also wanted to see barbershops in other areas to see what time are they closing.

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What I'm about to show you is 40 barbershops that we took, the majority being about 30 being

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in the 19120 or surrounding areas and roughly about 10 in other zip codes.

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Here are the breakdown of the data.

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As you can see, 40 barbershops, and it lists the zip codes, and we also looked at what

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times they're closing.

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So this is the map of the barbershops, of all the barbershops we took.

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As you see here, you'll see a few of them are out in the outskirts, and that's just

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to see different times and different days of closing.

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barbershops closing between 7 and 8 p.m. in my immediate region is or out of the 40

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barbershops that we took into consideration is only four between eight and nine is

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it's around 14 15 between 9 to 9 30 is about another 10 between 10 and 11 is about another

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nine um you'll see here the different times so between 7 p.m here are the two barbershops 7 30

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another two uh eight and nine is where you see the bulk of the barbershops and what times they

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close. That's the average of the majority of the times they close. After analyzing 40 barbershops

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in eight different zip codes, our findings show that 82% of barbershops were in Philadelphia

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zip code 19120. Again, this is because we're trying to focus in on the area where the property

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is located. In addition, the analysis concluded that over 65% of the barbershops were open seven

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days a week. In addition, only 21% of the barbershops were open six days a week. The remaining

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percentage opens less. Next, we analyzed the times each barbershop close in time, and the

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