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Hearing audio

ZBA Hearing - January 7, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 7, 20265h 58m

internet are you a neighbor no so i was trying to join i'm actually calling in from councilwoman

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uh councilman's bass's office yeah um i will be taking over from for charles so i i saw that um

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um i can't think of the gentleman's name i'm sorry mr anastasio yes so he mentioned

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Mr. Anastasio had mentioned that he was still waiting to hear back from Charles regarding the RCO's position.

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So I just want to just wanted to hop in just to share that I will get on top of that.

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I will be on top of that and connect with Mr. Anastasio regarding that now that I am in this position.

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OK, good, good. And welcome. Welcome into your new position, your new job. OK.

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Thank you so much. And I tend to think we'll be hearing from you a lot.

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yes thank you all right thank you all right sure anyone else in the audience

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mr chair i do not see any further hands leaning commission thank you chairman and good morning

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david effecto with the city planning commission chairman and board members the comprehensive

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plan recommends no change to the rsa5 residential single-family zoning at this location the city

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the city rezoned this neighborhood in 2016 and a council requested map change this property has a

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rezoned this neighborhood in 2016 and a council requested map

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documented history of single-family use with a business dating to the 1950s at some point in

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its history an owner appears to have converted the commercial space to a residential unit without

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the benefit of permits the city planning commission recommends of the board grant their proposed use

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variance to legalize a second dwelling unit m i twenty twenty five zero zero four one eight seven

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seventeen forty seven west ontario street i vote yes with proviso certificate of occupancy to be

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obtained johns my vote is yes with proviso cheryl gaston my booty chefs with proviso

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tennetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso

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My vote is yes with proviso.

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Is anyone in the audience have their 930 cases not been called?

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I do not see any hands, Mr. Chair.

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All right.

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Thanks, everyone.

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See everybody at 2 p.m.

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Thanks, Ron.

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Thank you.

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this meeting

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of the Philadelphia Zoning Board of Adjustment. With me is our board vice chair, Tanetta Graham.

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Present, Mr. Chairman.

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Our board secretary, Cheryl Algaston.

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Present, Mr. Chairman.

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Board member, Michael Johns.

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Present, Mr. Chairman.

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Board member, Taya Nguyen.

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Present, Mr. Chairman.

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Our board member, Ryan McAdams.

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Present, Mr. Chairman.

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Also, here's our board attorney, Hillary Emerson, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.

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Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak, you must state and spell your name and then wait to be sworn in.

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Once you've been sworn in, please state your name each time before testifying.

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any person may enter an appearance to become an interested party there are three ways

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you can identify the property address on your zoom webinar you can see a staff member or you

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can call the zba appearance line by the close of business tomorrow call 267-270-5548

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or you can call the zb here to appearance line a message that includes your email address and

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address of the property of the appealed case the following guideline is for remote attendees when

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directed you must raise your virtual hand in order to be recognized to speak if you're called to

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testify you will be prompted to join as a panelist please accept the request and turn on your camera

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third the webinar q a is for questions before the hearing do not comment on cases in the q a

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If you are participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, refrain from talking, eating, drinking during the hearings.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevator.

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Water fountain is just outside the room to the right.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and the court reporter.

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in the event of an emergency please follow the directions given over the public address system

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or by staff the main exit is through the double doors at the rear of the room the nearest stairwell

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to the left outside the doors in case of an evacuation the rally point is at love park

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directly across heart street please remain there so we can account for you so let's look at our

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schedule for this afternoon number eight mi 2025 004835 338 to 56 east algan a allegheny avenue

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this case is continued to 4 15 26 at 2 p.m are there any other requests for continuances

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good afternoon chair this is doreen and i'll be i will be your co-host today and i see no hands

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thank you uh we have do have two cases we have do not have exhibits mi2025 001 574 1101 to 11 11

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west allegheny avenue jay and june holdings llc are the listed owners no exhibits second listing

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there are no hands chair so this is the second listing we do know that a lawyer recently

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withdrew from the case so mi2025 001 574 1101

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So, MI-2025-001-574-1101-211 West Allegheny Avenue.

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I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Ryan McAdams, my vote is to dismiss.

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I win, my vote is to dismiss.

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I have a second case here.

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MI-2025-001-575-4026 Palmetto Street.

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Carlos Fernandez and Rachel Perlata-Mato are the listed owners.

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This is the second listing.

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We have no exhibits.

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The attorney has recently withdrawn her appearance.

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There are no hands, Chair.

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So MI2025-001-575-4026 Palmetto Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss. Tanetta Graham, my vote is to dismiss.

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Maya McAdams, my vote is to dismiss.

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I win my vote is to this move.

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I'll be right back.

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Here's our add-on cases number one MI 2024-007-588-4361-63 North 9th Street.

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The vote in this matter has been postponed pending a receipt of amended refusal that

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That includes all the uses discussed at the hearing.

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Number two, MI 2025-003-964-3137 Robbins Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tana Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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No, she said it.

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Iowyn, my vote is yes.

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I had checked on that.

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Number three, MI 2025-003-967-5112 Willows Avenue.

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I vote yes to reconsideration and rehearing.

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Michael Johns, my vote is yes to reconsideration and rehearing.

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Cheryl Gaston, my vote is yes to reconsideration and rehearing.

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To Netta Graham, my vote is yes to reconsideration and rehearing.

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Ryan McAdams, my vote is yes to reconsideration and rehearing.

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Number four, MI 2025-002-787-2230 West Ontario Street, I vote no to reconsideration and rehearing.

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Michael Johns, my vote is no to reconsideration and rehearing.

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Cheryl Gaston, my vote is no to reconsideration and rehearing.

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Tenetta Graham, my vote is no to reconsideration and rehearing.

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Ryan McAdams, my vote is no to reconsideration and rehearing.

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And number five is a re-vote from this morning.

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So MI 2024, 001-941, 531517 Chancellor Street.

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I vote no with proviso per amended refusal dated January 5th, 2025.

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I'm sorry, December 5th, 2025.

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Michael Johnson, my vote is no, with proviso.

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Cheryl Ganson, my vote is no, with proviso.

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Tannetta Graham, my vote is no, with proviso.

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Ryan McAdams, my vote is no, with proviso.

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Ty Owen, my vote is no, with proviso.

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We're going to go to our regular list today, and I usually try to jump around when the attorneys are here,

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but I'm going to have to take the list as it works out today.

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so you'll your case will be called in um due time so number one pardon the interruption

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chair pardon the interruption this is the integrity executive director i just wanted to

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um allow the spanish interpreter that we had retained for sure um i believe it was 4026

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palmetto street um just uh to let them know that they're dismissed from the meeting since that case

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was dismissed thank you very much interpreter you can uh be dismissed thank you interpreter

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all right so number one mi2025 001 573 2505 east venango street eric carroll is the attorney

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eric carroll is the attorney

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do we see mr carroll in the audience yes chair he's been promoted excuse me thank you

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good afternoon mr chairman and board i get a council could you please state your name and

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spell for the stenographer my name is eric eric carroll c-a-r-r-o-l-l and i am here on behalf of

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the applicant moniquetta coats who should also be joining uh who is the contractor for the owner

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James Mayberry. Okay. Do you swear or affirm to tell the truth, the whole truth, nothing but the

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truth? I do. Our vice chair has a few questions. Good afternoon. Have you submitted your documents

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and exhibits five days in advance of this hearing? Yes, we have. Okay. And do you waive

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the reading of the refusal and stipulate to its accuracy? No, actually, there is an issue with

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the refusal the plans that were submitted call for ground floor commercial

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and one residential unit on the second floor it's a two-story building the

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refusal one of the refusal states I'm sorry the refusal states proposed use to

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family household living not permitted in this residential district we're only

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applying for one family residential again on the second floor commercial on

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first floor okay thank you you can proceed with your case okay thank you thank you uh so the

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property that brings us here today is 2505 east venango street that is in the port regimen section

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of the city um we're not proposing to alter the building in any way this is a two-story building

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uh with 23 foot frontage uh on a roughly 1600 square foot lot it's been used as ground floor

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commercial with residential on the second floor uh for decades i will uh so all we're really

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doing is you put your documents up that's what i'm yeah okay so this is 2505 east venango as

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you can see uh the ground floor uh looks to be commercial the second floor has been long

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residential for a long time the ground floor property was occupied by a business called jay

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and our tool we think that was there for decades uh my my client and the owner of the property

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just want to renovate the building and as i said we're seeking to legalize a long-standing use um

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this property to the left is if you're looking at the property to the left is

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commercial to the right is a vacant lot if you go north and west from this property up towards

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our mingo avenue it's all commercial uh so this this property sits right on the edge

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of a commercial area uh and a residential area and while our property here is zoned rsa5

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um it really like i said it is bordering that that commercial property

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um excuse me mr carroll um yes this is hillary board council um i just i just had a clarification

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questions on the refusal so it says it's for vacant commercial space is there a particular

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commercial use approved because with this property being zoned rsa5 you would have for

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any commercial use you would have to come back to the board for another variance the

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board cannot grant a variance for vacant commercial space no we understand that we're okay with that

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the owner uh just wants to get the zoning in place uh on on the on the um commercial versus

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residential but any use for the ground floor commercial we don't have a tenant line or the

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owner doesn't have a tenant lined up but once that's done the tenant will have to understand

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that they'll have to come back for some sort of a use variance okay all right good thank you just

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make sure that we're all on the same page on that thank you yes no we understand yes

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she says so this here's the deed this property is owned by james mayberry my client monica

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coats is his contractor um the plans have been submitted um as you can see uh the ground floor

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um just 69 feet long um will be all commercial uh pretty basic we're just you know delivering

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a vanilla shell for the commercial and then the tenant will have to do what

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For the commercial and then the tenant will have to do what they want with it. Second floor, this is the residential unit. So we'll have a living space, two bedrooms, and one bathroom. And as I discussed, there's only one residential unit, not two.

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they want with it second floor this is the

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My client had posted the notices of this hearing on the front of the property.

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uh tax clearance certificate was submitted oh that's not and my client's uh contract with the

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owner was not submitted in advance but if that's necessary we can certainly produce that um so

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we're just asking the boards um for a variance allowing a ground floor commercial

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with a one unit residential on the second floor

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and we did my client did have an rco uh meeting scheduled with the port richmond neighbors uh that

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was she appeared but it was not able to move forward if necessary she can testify to what

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occurred there we understand why don't you bring your client on okay good afternoon

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uh your video is still off miss codes

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okay i'm trying to get it on right now

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as you're doing that why don't you state your name and spell for the stenographer

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moniqueta coats m-o-n-i-q-u-e-t-a do you swear or affirm to tell the truth

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told truth nothing but the truth i do please proceed counsel thank you um miss coates you are

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a general contractor correct yes and the owner of 2505 east venango street james mayberry uh hired

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you to uh renovate this property is that correct yes okay were you present on this zoom during my

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presentation to the board yes okay did you listen to all the all the uh facts i testified to yes uh

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Were they truthful and accurate to your, to your knowledge? Yes. If you were to testify here today, would you adopt my testimony as your own? Yes, I would. Okay.

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Questions from the board.

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Questions or comments from our attorney, Hillary Emerson.

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um just i i do have uh if the board is inclined to grant i do have a proviso um prepared to that

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addresses what is actually being requested in this case since the refusal is incorrect when i

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booed i'll i'll say yes sure thank you very much questions or comments from the audience or the

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virtual audience no hands in the virtual audience planning commission

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amy boy with the planning commission amyboid you swear affirm to tell the truth the whole truth

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nothing but the truth i do please proceed the comprehensive plan recommends no change to the

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