civus
Hearing video

ZBA Hearing - June 17, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 17, 20267h 2m

the second floor that's the um fire escape again from the second floor

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fire escape

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this um that's the whole second floor

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and that's the fire alarm system this will be on the first and second floor yes

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that's my um i had to um put that up right and what's on the third floor it's just going to be

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like um office space and that's the other zoning thing could you tell us how many bathrooms

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it's um two bathrooms where they at one one on the first floor and one on the third floor

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the first floor is a handicapped bathroom it's handicapped accessible just like the front of

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the house is it's handicapped accessible but there's no bathroom on the second floor no

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so you go up with would they go up to the third floor if they use it or just use the one on the

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first floor um probably both floors okay do you have experience on this do you have any experience

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with um child care um my own wife do you're going to run it yourself no i'm just the owner of the

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build them. Questions from the board? Yes. How many children? I think it would be like 20. Okay. And that's going to be, you're going to have to get permission and they'll tell you how much, because you, have you applied for your permissions from the state?

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Yes. All that's in the process now. My wife had two other daycares.

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Okay. So is your wife going to be the one that's going to be running this?

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Yes. The daycare, yes. I'm the building owner.

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All right. So, but she has experience.

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Yes.

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Okay. Do we know what age children we're talking about?

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I think it's from like, I want to just be correct. I think it's like from infants to like 10.

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Okay. And, okay. And so, all right. So I'm going to just make some comments. All right.

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usually with um the younger children the ones that are three and under the ones that are not

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capable of self-preservation you need to have two means of ingress and egress to the building

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you're going to need to and if there are stairs there are issues sometimes about that

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the fire escape you're talking about is pretty steep and you're going to need to have the

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um hardwired smoke detection system okay so that's that is so that has the um the strobes

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and it has the um that it's a horrible yeah sound and what have you you have the emergency lighting

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yes you have the signs i didn't see those in the pictures but you have those yes okay

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all right and then um uh panic bars there has to be the doors the exit doors have to panic bar

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There has to be the doors, the exit doors have to have panic bars, which means that, you know, you don't have to use a handle. You push, there's a bar to push the door open to make sure that people can get out, particularly when they're showing children. So do you have those?

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um i think the back door has the push bar all right but once the building is zoned to be a day

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care we have to go through all the other appliances with the child i understand i just i just speaking

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on we have to go through all that right i'm just i just want to make sure that you understand yeah

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this is part of this is the zoning part the rest of the part the health department has to come out

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um you know right um and then what are we doing about uh pick up and drop off where is that going

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to be and how is that going to be handled um payments are going to pick them up and drop them

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off and um also we're going to provide um a service where we drop them off and pick them up as well

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yeah okay and you have some place on the street where you can do that and how is that

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I mean, she has a van that's going to be connected to the daycare, fully insured and everything with the daycare's name on the side of the van.

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All right. And this is going to be on 31st Street where this is all going to happen. And what's around, you know, this building? I mean, are there neighbors that would have a concern about this?

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All the neighbors approved of it. I mean, I talked to them. I spoke when they was glad that, you know, they have children too, that they would use the facility for them. And then right next to the building, there's an open vacant lot that we're going to try to get, you know, to make, maybe they can play on that lot.

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Okay, because that was my next question. Where's the play area?

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It's an open lot. It's owned by the city.

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But you don't have it yet?

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No.

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So then any play would be inside the property as well. And we already talked about the bathrooms where there's one on the first floor. You said I went on the third floor. Okay. So, um, again, you know, just, um, the older children, they can maybe manage steps, but for the younger children, where are they going to be? Are they going to be on the first floor?

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probably have the younger kids on the first floor just because like you say the steps the traveling

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up and down the babies the little one to three years old they i'm quite sure they all be on the

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first floor all right okay thank you all the questions what's happening in the basement

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basement that's going to be used for storage

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questions or comments from our attorney

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yes chairman if if this is going to be voted yes we need to add a proviso that implies to the

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entire building because right now the refusal only talks about use on the first and second

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floor and he indicated that he'd be using the third floor the third floor would just be like

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office space yeah but it's sold use all right so use this entire building

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yes

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questions or comments from the virtual audience

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hi chair we have a hand up from strawberry mansion community concern

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they're being promoted to panelists

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hello miss cummings yes just for the record state your name it's bonita cummings please proceed

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again um for 21 30 north 31st street the standard uh rco meeting was not uh sent out or we didn't

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get any notification from the applicant um of the meeting date that this uh was held um

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so we weren't able to weigh in or even ask any questions regarding um this this facility

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So we wanted to put that on the record and for the mailing, we don't know if that's

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return mailing from the 13th or whether that mailing was returned from the date held for

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2026.

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So we don't really know.

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So we just wanted to make sure that we're indicating that these standard or monthly

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stated meetings for our for RVCO story management community development RVCO is

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not notifying the affected RVCOs or maybe even mailings properly going out

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notifying the affected RVCOs or maybe even mailings properly going out to the public.

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We're not opposed to the daycare,

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but we would have liked to have been notified as required as an RVCO.

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Thank you very much for taking the time to call us.

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We do appreciate it. Is there anyone else in the audience?

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No hands at this time, Chair.

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Any complaining, Commission?

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Thank you, Chair Bergman Sarah bond, Philadelphia City Planning Commission.

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The, the Planning Commission recommends a change in zoning at this location from its existing rm1 residential multifamily to RSA five residential single family attached.

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This property is undersized for the proposed use at this intensity and lacks the physical configuration for safe loading for the pickup and drop off density called for by the codes largest category of childcare use.

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Additionally, the conversion to this use appears to have been performed without the benefit of permits.

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Therefore, the city planning commission recommends that the board deny the repose variance for childcare center use.

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Okay, thank you.

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um we've heard your testimony and uh what i want to do is we'll vote on can we vote next week

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no in the morning we'll vote next week next one i'm sorry chair this that's what i started

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sharing uh health cases will be july 8th that's why i asked okay oh that's right that's okay it's

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okay what's what's the following wednesday state the next opportunity to vote chair will be july

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8th and 9.30 a.m. We will vote at 9.30 a.m. on July 8th.

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Do I vote on my decision? Pardon me? On the decision?

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Yeah. Okay. All right. Okay. Thank you.

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All right. Let's go to number

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17. How's that? Or do you want to go back to first?

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All right. Yeah. All right. Let's go back to number one and see if the case is ready.

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Two, I'm sorry, my number one.

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9864 Frankfurt Avenue.

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They're being promoted to panelists here.

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We'll be good.

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Thank you.

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sir could you do me a favor you've already been sworn just state your name uh you haven't caused

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your car okay why don't you start your presentation um sorry for earlier i finally found a way to

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share my screen if you guys could see it um here's the up front of the house uh with the

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garage door removed um and as you can see there's more than four cars could park up in front and

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people could easily walk on sidewalk okay do you have any other documents to show us

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um i don't have the interior pictures like i said i will have them tonight um but

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this been going on so long if you guys tell me i need to put the garage doors back on

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i mean that's what i'm gonna have to do so um just just let me know how to proceed from here

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and what do you have inside a gym well right now just storage and uh my tenants use it uh

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like laundry what's that uh laundry like wash washer and dryer that's it and like we have

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like i said my wife's a photographer so we store a lot of um her things that she does for photography

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okay um i know there's no interior photos does the board have any questions

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uh chairman yes um all right you have the question yeah i i guess the question is do you have any

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plans of how you drew it or drew it up or anything or you don't have anything for the inside no no

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like like i said um the the garage door was cracked every time i try to fix it like it was air was

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The garage door was cracked. Every time I try to fix it, like it was air was seeping through. So I just knocked it down. I'm somewhat a handyman myself. My father-in-law helped me out. You know, he does construction for a living. So it wasn't.

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so you close the garage up okay questions so how so yeah so how do you so you so you close the

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garage up but uh the garage the interior walls of the garage are they still there or have you

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removed them and made it part of the basement or what's what's the what do you mean the interior

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garage doors no the interior of the garage so the garage is separated from the rest of the

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the the lower level of the floor right the lower level correct no there's I

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mean there's still a door it's connected to the house right I'm jumping is it

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other than that's what my question is other than taking off the garage door

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and replacing it with a wall it's still a garage right yeah I mean I lay down

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so you i i put um but you didn't take any other walls down with inside the house is that okay

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all right like i said i'll be more than happy tonight i'll provide you guys like a 360

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exterior to show you everything inside

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i'd like to see either pictures or um some sort of um sketch drawing some way that i know you

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know that that we know uh what is actually in there it may have been around there for a long

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time for you but for us this is new and yeah of course prove it we need to see um some you know

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idea of what it is that you're asking for and that we are being asked to approve okay i'm more than

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happy to provide like i think you said initially you put a gym in there i'm sorry didn't you say

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initially you put a gym on there for in the garage so and when covet started all the gyms

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closed i started working out inside the garage so it was like my home gym so like i just you know

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put weights in there and um like the the bench and i moved a year and a half ago from that place we

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bought a house in huntington valley and right now we just use it as storage uh the tenants that live

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upstairs and downstairs they store their stuff um the girl that lives on the first floor she has a

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kid so she has a bunch why don't we just do a resumptive hearing for this

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all right go ahead if you

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oh okay would would would planning take a position

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okay good all right good any thank you um questions or comments from the virtual audience

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no hands at this time chair play any commission

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Thank you chair Sarah bond Philadelphia City Planning Commission the comprehensive plan recommends no change to the existing residential to family attached RTA zoning surface parking spaces are prohibited in the required front side and rear yards, whereas both proposed surface accessory parking spaces are located within the required front yard, the proposed dimensions conflict with the characteristics of the surrounding neighborhood.

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the city planning commission recommends that the zoning board deny the variance for the parking

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location and front yard setback okay so why why don't we do this why don't we we're going to hold

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the vote but we'll close it other than photos or plans of the location correct okay so you're going

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to have to get to us your photos and then plans what it looks like inside right we're going to

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hold this vote until the 8th of july and we're going to vote at 9 30 a.m the case is closed

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other than what you're going to send to us okay perfect thank you so much all right thank you

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thank you everybody number 17.

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Dane Street 15

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right with you

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number 17 mi2025 000223 1525 nordane street allison datsky is and stefan

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Bert did Dini is the both owners of this.

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verdedini is the both owners of this this is a

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This is a pro say.

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They're being promoted to panelists share.

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Thank you.

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hello hi could you please state your name is spelled for the stenographer allison dubovsky

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a-l-l-i-s-o-n dubovsky d-u-b-o-v-s-k-y you swear or affirm to tell the truth the whole truth

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nothing but the truth yes allison are you going to do the testament testimony the testimony as in

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speaking yeah yes okay all right um our vice chair has a few questions for you okay good morning

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have you submitted your documents and exhibits five days in advance of this hearing yes okay

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and i'm going to summarize uh your application and your refusal then um so then i'm going to

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ask you if you agree to it okay okay so so this is the application for visitor

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accommodations yes okay and you're refused because just visitor

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accommodations is prohibited in the RM1 zoning district do you agree with that

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yes okay all right thank you you can tell us what you're trying to do thanks

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I just wanted to note I think I heard you say 1525 Naudine it's 1528 I don't I

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don't know if that was just a I just want to make sure it's the right address

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on there 1528 okay so essentially three years ago we applied for a use variance for visitor

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accommodations and we were granted that with the three-year proviso and we are now at our three

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years we've been you know running it as a short-term rental for those past three years without

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any without any problems or any issues so we're just here today asking to continue the use as

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visitor accommodations. Okay, why don't you show us? Okay, perfect. We'll share that right now.

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You do have non-opposition in the Center City Residents Association. Yes, yes. Can you,

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see the the no we don't see anything you don't see anything the bottom where it

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It says share.

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Yeah.

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Okay.

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Is it?

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Pull it up?

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Yeah.

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We just clicked.

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Yeah.

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Let's see what I'm here.

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Try and.

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Try and.

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Try and.

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Hmm.

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Hmm.

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We are trying to.

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let's try you should open your documents right and then push the green button at the bottom

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that's the way it usually works

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we have a water document

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it's not what it looks okay why don't we do this listen me why don't we do this

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i'll come back to you okay right in about a half hour

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and see if you can't have it working on that.

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Is that okay?

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Okay, yeah, I guess just maybe there's one more thing.

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Can I just chart one thing here?

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So you guys, it's quick to allow just the access,

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