civus
Hearing video

ZBA Hearing - March 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 18, 20265h 49m

coordinating rco you know charles karn who i don't know if he's online but basically you know

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his question was what we're going to make him tear down this this this you know structure um

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and that was basically the gist of the conversation there were some people who were against it they

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were like well it was illegal you got to tear it down but it's different when someone's being

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defrauded versus when someone's defrauding the system and you know mr kushner you know

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We'll tell you what he does for a living, but he's not a developer.

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He does good for his job.

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He does good for people, and he's just hoping that the board understands that, and he understands

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that this is only the first step of the process, that he needs to get a CO, which he embraces.

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Whatever that takes in terms of modifications inside, structurally, whatever he needs to

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do, which he'll deal with, he'll deal with it.

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so why don't you show us what yeah so um and again i think solo and the sound swamp pool said the

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same thing of course we're going to get a ceo we have to um in terms of like something to the effect

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of like no mailboxes in the front like solo said that i was like we're not dealing with a multi-family

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structure and i don't know i think everyone deserves to have a mailbox in their front of

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their house yeah well yeah and then and then in terms of storage or trash forcing my client to

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store trash inside. I don't know. Like I have a single family house. Like I've stored my trash

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in the breezeway outside. I don't think you should force someone to have to store their trash inside

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if they have the ability to store it outside. So we would object to that. And then we, you know,

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we met with the, you know, Paul was like, you know, he's debating whether he's going to live

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there now, right now he's renting because he's in this unfortunate situation. And he said to the

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community, depending on when his lease ends and, and depending on how long it's going to take him

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to get through the CO process. He has a good shot of living there, but you'll see from the pictures,

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he really did try to do a good job, you know, on, well, he hired someone he thought was going to do

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a good job, but you can see how this contractor lost his license, and he was licensed when my

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client hired him and expected to get permits, and this was a shock to him. You'll see that this is

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our property right here. You'll see everyone else has what we're asking for in the rear.

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right and we also set back because there's a park behind us so we're not taking anyone's

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light in there anyway this is the people who are adjacent to us has basically the same thing we're

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seeking um and then properties across the street other people enclose their porches

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i'll be honest no one does the addition on the second floor like that um again he did that for

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the extra room he he wanted to get and you'll see from the show second floor yeah uh yeah this is

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just other pictures. Let me go to the, maybe I don't care about that. Let's see. That's,

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this is our structure, right? And by the way, the, the property to left of us is completely

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faking lot. It has steps leading to nowhere. He completely redid all of this. He thought he was

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doing this all by right. And then this is the rear of the property as well. Again,

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And then this is the rear of the property as well again, not out of character to have those that rear bump out millen street to the right of the property to left their property interior photos ground floor.

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not out of character to have those that.

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He did everything new. He thought he was doing everything the right way.

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and we did in the floor plans highlight where the addition is that was asked of us

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at the community meeting so i want to make sure we got that again this is not to scale but this

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is where he has the bump out on the first floor so a little entryway to bump out in the rear on

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the first floor which allows him to have a functional kitchen in the living room in the

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dining room and then um again no again this single family but like he has above ground entryway um

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but here's this the you know the second floor which has that additional space it just provided

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him additional space and again he wasn't trying to the game the system most importantly it was a

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well-attended meeting um and i think people voted mostly in favor of it i think just people were

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upset because of the legal use but even during the community meeting someone who voted for it said

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i've i've had the same situation where i hired someone and i thought

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i was getting permits and the same thing happened to me

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so that's just a you know our notice our application for appeal he put in his own name

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he wasn't intending to make this so much of his investment as a home the deed to property

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and then finally the tax clearance certificate while there shows a balance due it's not until

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march 31st um so i would ask that the board uh swear uh paul in i'm sure could you please state

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your name and get closer to the mic if you want thank you could you please state your name and

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spell for the stenographer right do you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes counsel paul you heard everything i don't think the microphone's on is

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the microphone on is his microphone try it again yeah okay paul kushner k-u-s-h-n-e-r okay paul

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you heard everything i had to state today about your zoning matter yes sir is it true and correct

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yes sir and do you adopt as your own testimony yes sir uh what's your occupation paul i'm a

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registered behavioral health therapist i work with autistic kids okay and and when you heard

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my testimony about the contractor your understanding is that he was a licensed

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contractor at the time yes sir i found him on the internet yeah and your understanding was that

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he was going to pull whatever permits were necessary to complete the work yes that was

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our agreement sir all right and then you you know when you when you found out that that wasn't the

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case that he that he did not pull the permits you received violations from lni right yes i turned

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a violation over him he told me he would handle it and then he completed the job and told me that

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things was being handled and then he just disappeared and um so when i like i got a

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permit expedite a person to try to help me figure it out and they couldn't find him and uh his

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google number uh like disconnected i still can't find him and you paid him in full yes sir and

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and half and half okay but half we started half when he was completed okay and then ultimately

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you hired my firm once you discovered that you were defrauded to try to legalize this situation

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yes sir all right thank you all right questions from the board yeah do you uh can you like show

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which pictures are in the actual edition um the photos you showed because you showed the whole

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house yeah so let me do you have a picture of the rear yeah we do backyard in the back door

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yeah yeah i maybe i went too quickly through it let me show you you center we've requested it

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you sent it in the picture over here well i'm looking specifically for the the basement door

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exit all right let me see i saw like the parking like i saw those so this is the second floor

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paul is this area here the addition part yes sir that's the mass available no but is this the

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addition part where the bump out is well yeah that's right in front of the windows yes sir

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and that's where the rear is that's the no that's the front that's the front okay that's where's the

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kitchen well we're talking about the second floor the second floor oh there's the rear on the second

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i didn't do anything to the second floor it's just bedrooms back there oh you have the addition over

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the porch okay let me see what that's the addition over the let me see that's the addition over the

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porch okay okay the back it off this is the back of the house there's nothing that's exactly two

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Two side-by-side bedrooms.

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And then, what's this?

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That's the staircase leading up to the second floor.

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And then, this is the addition in the back, right? That's where the kitchen is?

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Yes, sir.

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And then, is this the door that's leading to the back?

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This is just, is this the door that's leading to the back?

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To the back of the basement.

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To the back of the basement.

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To the basement.

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The basement, yeah.

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So it is a walkout basement?

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Oh, yeah, it is.

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Oh, yeah.

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Yeah, let me show you a picture of, here it is.

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This is our rear.

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I couldn't see the, that's the first floor, right?

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No, that's the basement there.

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That's the basement.

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Yeah, it's how it's sloped.

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Got it, okay.

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Yeah.

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There's no houses behind it.

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It's like the highway is right there.

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alan is that an addition on the right though it's a different property it's not yours this

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is different but this one is again mimics kind of like i got it yeah

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all the questions from the board and you're still utilizing the garage

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no one's living there no it's not a garage i'm not no i'm saying oh it's not no oh it looked

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like it was a garage no he doesn't have access just the one door in the back oh that's the

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neighbors made a garage back there so okay what's beside so are you going to close that area

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i'm trying to figure because you got the door i look at i see the door in the back and then

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what's next go back to that picture yeah i'm gonna do that is that just stuff in front of the wall

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or something it's kind of it's a little confusing because it's a driveway so i imagine at one time

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they were garages it sounds like or it seems like they're all driveways sir there was never a garage

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so when you purchased this property this was this was not a garage

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everyone has the same pull-in basement uh okay okay so they're not garages okay

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all right it's just kind of hard to tell from that picture all right thanks yep so uh like from

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the rco notations and stuff it seems like there's um some apprehension that it's going to turn this

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into something that's multi-family so is your intention is to keep it a single family even if

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servanetal yes i hope i hope to get it done and move in there i mean it's uh that was my intention

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to buy a home to live in and uh you know that's why i made the bastard bastard bay room a little

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bigger and um you know i just didn't want to be a renter anymore i'm not like a contractor or you

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know you know so i don't never plan to make it a multi-unit or anything like that yeah and i

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explained to paul if there's any intention to make it multi-family we have to come back here

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yeah okay uh questions or comments from our attorney

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not at this time mr chair the comments from the virtual audience

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i do not see any hands mr chair planning commission

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nina solomonic the planning commission the comprehensive plan recommends no change the

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existing residential single family rsa 5 zoning the proposed front yard step back conflicts with

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the characteristics of the surrounding neighborhood the appellant has not shown that the rear yard

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dimensional setback was the minimum necessary the city planning commission recommends that

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the zoning board deny the dimensional variances for the depth of front and rear yards

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chair i'm sorry to interrupt but um hands hands went up sure it went up it's probably uh first

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one is three five five two please unmute and wait to be sworn sure

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hello hi adrian how are you could you please state your name and spell for the stenographer

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yes adrian fernandez my last name is spelled f-e-r-n-a-n-g-e-swear or affirm to tell the

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truth the whole truth nothing but the truth yes please proceed okay um i have your list

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okay um so overall um swamp little rco is opposed to this variance um i'm not sure it

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is to be kept as a single family home and the owner seems to have a lot of problems with you

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know following instructions in the law as far as um going to work with permits that will be inside

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and outside um we were told there were additions of bathroom and possibly other changes to rooms

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on the inside that i'm not sure i heard the board address i'm not sure if you had pictures of that

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it was very difficult to tell what was existing and what the owner added inside and outside because

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the drawings also are not dimensioned um there were things that didn't make sense like two very

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small bedrooms in the back i didn't see where a master bedroom was i asked for the uses of the

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the front enclosed areas on two occasions and I never only received drawing back with a yellow

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highlight but no labeling as to what those rooms are I never saw a master bedroom so overall the

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opposition is based on no permits at all for the interior and exterior and the building is

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for the interior and exterior.

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And the building is completely out of character

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with the other houses on the block.

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Older pictures show that that house was originally

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possibly smaller than the other houses on the block.

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Currently, the roof line is changed

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and it may not even be the same from the front to the back.

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The windows are completely different than the other houses.

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the building as it is now looks like a commercial building like a commercial small office building

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it doesn't look like a single family home um see we also didn't see pictures from the back especially

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so you can tell is the roof the top roof at two different heights or how many roofs there are in

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the building and that leads into the fact that the building um is changing the storm runoff

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is increasing it a lot because the the permeable surfaces of grass in the front were removed

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and replaced with a lot of concrete and also the roof surface area is increased which would

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just make for more a lot a lot more storm water runoff which is not desired by the city or

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neighbors even. So as we are opposed to this variance, if the board decides to grant it,

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we're asking that there be five provisos because the owner cannot be trusted to

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file instructions based on the Philadelphia zoning code. So we're asking there be provisos

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for no multifamily living. We don't want to wait until the owner comes and fills out an application

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because it doesn't seem to be his tendency um also we're asking for no group living no

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boarding house no drug rehabilitation no mental health facility um no personal care or personal

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services nor behavioral health because that's the business the owner is in um no um temporary or

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visitor accommodations and um no other commercial uses we're also we're asking it to be um licensed

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if it's if it's rented out that it be single family rental use only and that there'd be

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certificate of occupancy required to make sure the codes are followed and lastly that all trash

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and recycling be stored indoors except their collection times thank you thank you where did

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we did did Planning Maker yeah you did okay so I think everybody involved agrees there needs to

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be a certificate of occupancy or every person including yeah so m i 2020 right mr mr share

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there there is one other hand it's from uh yes uh from allison weiss they've been about to speak

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yes hi allison hi allison how are you could you please state your name and spell for the

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stenographer a double l i s o n w e i s s right do you swear or affirm to tell the truth the whole

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truth nothing but the truth yes please proceed yes uh as a member of solo just wanted to clarify

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that we in fact are opposed and uh additionally we uh support the provisos as uh stipulated uh

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from swan poodle in addition to those that we had um indicated uh we agree with many of the

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points that swan poodle made and those are our same concerns okay thank you very much for taking

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of time to call us we appreciate it ms not gonna have anything to say um not really okay all right

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so mi 2025 i started out saying before every person involved believes we need a certificate

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of occupancy all right so mi 2025 006 778 322 milane milane street i vote yes proviso

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So, certificate of box B2P obtained.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Teneda Graham, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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Thank you, sir.

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Thank you.

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All right.

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