civus
Hearing video

ZBA Hearing - August 13, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 13, 20256h 43m

one. I might have it wrong because we can't stamp the floor plans.

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We have to match what L&I has reviewed. So there's two pages

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that we can stamp if the board approves. And I will be in touch

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with you because we have to, some of the changes listed on the proviso form aren't

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shown on those plans. We just will need to adjust the proviso form so that it

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matches. But I'll send you a separate email about that. Thank you so much. You're welcome.

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Questions or comments from the virtual audience?

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i see no hands okay questions uh comments from uh planning thank you chairman and good morning

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david vecto f-e-c-t-e-a-u with the city planning commission you swear or affirm to tell the truth

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the whole truth and nothing but the truth yes sir i do please proceed thank you sir chairman

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and board members the comprehensive plan recommends a change in zoning at this location from icmx

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industrial and commercial mixed use to cmx2 commercial mixed use the zoning for this

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neighborhood dates to 1971 under the proposed zoning four dwelling units would be allowed

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so six is not the minimum needed to afford the appellant relief the city planning commission

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recommends the board grant the requested variants for not providing accessory off-street parking

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and the use variants for multi-family living but with a maximum of four dwelling units thank you

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um mi2025-001-246-4024 ridge avenue

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i vote yes with proviso revised plans two pages stamped by zba august 13 2025 maximum six dwelling

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michael johns my vote is yes with proviso cheryl gaston my vote is yes with provisos

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tenetta graham my vote is yes with provisos ryan mcadams my vote is yes with provisos

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iowen my vote is yes with provisos thank you council thank you all for hosting thank you very

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much number six mi 2025 001 252 18 18 west montgomery avenue isaac slepner is the attorney

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There's a support from Beach Community Services, RCO, and a letter of non-opposition from Council Member Young.

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Good morning, Mr. Chair, members of the board.

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Good morning, Council.

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Isaac Slefner here.

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Isaac could you spell your name for this yes yeah good morning Isaac Slepner is a AC leg

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Yeah. Good morning. Isaac Slepner, I-S-A-A-C, last name Slepner, S-L-E-P-N-E-R.

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Hold on, hold on. 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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Could you identify your client, the relationship to this property?

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Yes. My client is 1818 Montgomery MDM LLC, and the principal member of that LLC, Dan McVeigh, is here today. That LLC is the owner of the property.

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Okay. Our board member, Kineta Graham, has a few questions for you.

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Good morning. Have you submitted your documents five days in advance of this hearing?

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Yes, I did.

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

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yes I do okay thank you you can share your screen and proceed with your case

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all right bear with me here technology we're going to share we're gonna start

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here so all right can everybody see my screen here wait there we go now can

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everybody see my screen here okay great so what is proposed right now currently

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the property is a flat empty lot and what is proposed to be built here is a

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duplex a two-unit with the basement and first floor being one-bedroom unit and

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the second and third floor being a two-bedroom unit these are the plans

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right here for the property. And I'm going to do a little zooming in over here. So you can see here

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is the basement with egress, just a large living space, utility closet and bath. At the ground

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floor, you've got a kitchen, bedroom and another bath. Then you've got your second floor. You've

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got the living area, bedroom on the second floor, and on the third floor, you've got the primary

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bedroom with ensuite, another bath, the hall and the stairs, and a sort of undefined office space.

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This is an elevation from street level and a cross section. So that's what we are planning

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for the property. This is a deed in favor of my client, 1818 Montgomery MDM LLC. It was recorded

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in October of 2018 with the recorder of deeds. This is the letter that we sent out to the neighbors

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on May 27th of 2025, informing them of the RCO meeting with Beach Companies.

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We sent it via first-class mail with certificates of mailing to a number of addresses,

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to this list of addresses, which is about 100 or so, 120, I believe.

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And we sent to, oops, sorry, going a little fast there.

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these are all the addresses that we sent out to as you can see there's a number

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of pages of addresses um this is my client got caught up on the property

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tax on Friday the 8th and this is a receipt of payment with the City

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Department of Revenue. This is the letter of, this is the letter of support from the RCO,

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from Beach Companies. I'm opening that up right here. Beach Companies expresses support for the

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variance. And I reached out to Councilman Young's office. I understand that Mr. Chair, you reported

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that you had received a letter from the councilman's office. We have a letter of non-opposition

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from the council member. Okay, great. And so we have the letter of support from the RCO and also

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So the meeting summary, which is right here, meeting summary was unanimous, three in support, zero against.

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I'm going to show you some photos of the zoning poster and really the property itself.

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If I actually, I'm going to need to do a different screen share, bear with me.

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I'm going to need to do a different screen share. Bear with me.

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Okay.

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Okay, here we go.

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Here we go.

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This is kind of a front-on shot of the zoning poster,

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and that's more or less the entire property from the front.

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As you can see, it's an empty lot right now.

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This is a second close-up of the poster.

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just posted you know at the very front sidewalk edge of the property another

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close-up of the zoning poster a little bit wider shot again kind of showing the

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whole property and that's a wide shot from across the street you can see

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that's the full extent of the property and I would open it to questions from

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the board so council before i'll have you bring your client on but could you tell us what the

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rest of the block looks like relative to multiple family well i can have um i can have my client

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testify more to that um why don't you bring your client on all right and if you would if you would

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as your client comes on why don't you go back to the drawing that you have plans okay sure sure

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sure sure okay what's your client's name all right uh my client is daniel mcveigh um he's

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the principal of can everybody see that uh set of plans there no mr mcveigh okay sorry mr mcveigh

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daniel mcveigh if you're in a virtual audience please raise your virtual

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again and accept the promotion

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to panelists.

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Sorry,

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bear with me. I'm going to

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get my client

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in on this.

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Hello?

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Hi, Mr. McVeigh,

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could you please state your name as Bell for the

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sonographer? Yes, it's Daniel McVeigh,

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D-A-N-I-E-L.

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McVeigh, M-C-V-E-Y

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Do you swear or affirm to tell the truth

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the whole truth and nothing but the truth?

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Yes, I do.

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Would you please turn your video on?

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I'm actually not too good with this.

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Sorry about this.

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All right, counsel, start your conversation.

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Sure.

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Dan, are you

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Are you the principal member of 1818 Montgomery MDM LLC?

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Yes, I am.

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And that LLC is the owner of 1818 West Montgomery?

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Yes, it is.

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And did you hear all of the testimony that I offered to the board?

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Yes, I did.

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And would you adopt that testimony as though you gave it yourself?

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And was it true and correct to the best of your knowledge?

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Yes.

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Thank you.

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What's the depth of the basement below grade?

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It's hard to tell from your drawing.

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I don't know if you can zoom in and mention.

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And what's the ceiling height of the basement?

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Dan, do you have specifics on that?

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Yes, I believe the ceiling height was 7 foot 11 and a half inches.

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And what was the other question? I'm sorry, the depth?

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The depth below grade. So I guess if you zoom into that front elevation, there's a dimension at least to the, looks like, I guess, to the height of the first floor.

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It kind of seems like it's 13 foot something to the.

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Yeah, it's actually hard to see that.

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Yeah, it's just hard to read it.

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I can't tell whether that's a four or a three to the first floor.

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Okay.

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I'll zoom in.

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And how are you dealing with the trash?

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How is trash being dealt with?

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There is going to be a cutout, I believe, underneath the steps there for the trash cans.

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so for both for both for both tenants for both units correct

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uh it doesn't look like from your um from your section that there's room to put anything under

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the stair will there be room and i don't know how they're going to do it in the rear yard

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Will both tenants have access to the rear yard?

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No, it only looks like the first floor just has access.

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No, it only looks like the first floor just has access to the rear yard.

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And there's no trash storage within the unit, no trash storage closet or anything.

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No, just going to be, you know, the big 65-gallon trash cans.

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I was hoping to store them, like, underneath the steps, the front entry steps.

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I don't think 65-gallon trash cans.

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Or not 65.

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Yeah, it's the way that your plan is presented.

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There's no real room under the steps the way that it's drawn.

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So I don't know that that wouldn't work.

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All right, those are my...

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And so did you zoom in and see so we could see what that height of,

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at least see what the height of the first...

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It's four feet, Mike.

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It's four feet.

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okay four feet above grade so four feet above grade so that gives you three feet that gives

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you another four feet okay all right thank you all the questions

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questions or comments from attorney hillary emerson not at this time mr chair questions

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or comments from the virtual audience i see no hands planning commission

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thank you chairman and good morning david effecta with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rm1 residential

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multi-family zoning at this location the city rezoned this neighborhood in 2014 in accord with

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recommendations in the comprehensive plan absent the zoning overlay the appellant would be allowed

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two dwelling units by right the majority of homes on this block face are single family but several

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other multi-family dwellings are present the city planning commission recommends the board grant

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their proposed use variance for two dwelling units mi-2025-001-252-1818 montgomery avenue i vote yes

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with proviso maximum two units can i add an additional proviso that uh trash storage be

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for the for the second floor unit within the unit

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would be in the unit Michael you for the second floor unit yeah for this for this let me do it

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again MI 2025 001 252 1818 West Montgomery Avenue I vote yes proviso

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trash stored on second floor in unit and maximum two units Michael Johns my vote is yes with

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proviso. Cheryl Gaston, my vote is yes, with provisos.

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Tanetta Graham, my vote is yes, with proviso. Ryan McAdams, my vote

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is yes, with provisos. Hi, Owen, my vote is yes, with provisos. Thank you,

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counsel. All right, thank you, members of the board. I have nothing further. I'm

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going to log off. Okay. MI 2025,

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this is number seven. MI 2025, 001

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277, 5285

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jefferson street nakia hurdle is the attorney there's a recommendation of

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unanimous support from parkside association um seven votes total

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nakia good good morning good morning hi could you please turn on your video thank you yes hi

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could you please state your name and spell for the stenographer yes good morning may it please

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the board. My name is Nakia Hurdle, and as in Nancy, A-K-E-A, last name Hurdle, H-U-R-D as in

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David, L-E, and I represent GUP LLC. All right. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? I do. And your client, what is the relationship to

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the property the client is the record owner of the property has been since march 18 2016.

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our board member tenetta graham has a few questions for you good morning um have you submitted your

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documents five days in advance of this hearing i did and great did you do you waive the reading

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of the refusal and stipulate to its accuracy i do okay thank you you may share your screen

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Okay. Thank you. You may share your screen and proceed with your case.

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and proceed with your case.

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So, good morning, everyone. I apologize for that. Good morning, everyone. Let me start with just

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giving a little background information. According to the records of the Philadelphia Department of

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License and Inspection, as well as other information provided by the Department of

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License and Inspection. The Jefferson Street property in question had a zoning permit to be

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utilized as a two-family household dwelling, which is currently showing on my screen,

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from July 19, 1965 to September 26, 2019. The permit elapsed September 26, 2019. It is my

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understanding due to, it lapsed due to inactivity. It was a procedural lapse.

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It was a procedural lapse. So just to clarify, the purpose of this appeal is just to reestablish the permitted use as a two-family dwelling for the property located at 5285 Jefferson Street.

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need. On February 3rd, 2025, Gump LLC submitted a zoning application to be considered by the

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Philadelphia Department of License and Inspection, as I mentioned, to request to have the permitted

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use reestablished. It was refused February 20, 2025. And of course, we're here today

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because Gump LLC on the same day of the refusal filed an appeal, a request for an appeal.

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