civus
Hearing audio

ZBA Hearing - January 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 28, 20267h 52m

Yes.

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And I would essentially present Ms. Hodges for your question.

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And I would essentially present Ms. Hodges for your question.

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Sure, thank you.

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Sure. Thank you. Any questions from the board?

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Any questions from the board?

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Yes. Is there a basement for the property?

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No.

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No basement at all? So it's a slab?

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Yes.

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Okay. And the support of the neighbors, the two adjacent neighbors,

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have you spoke with them and received their support?

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Yes.

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They were among the neighbors that were notified of the RCO.

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both are in agreement with the project none have expressed any objections

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okay any other questions from the board questions from our attorney hillary emerson and hillary you

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have an issue about parking oh i was just noting um i don't believe so this is zoned rsa3 which

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would require um accessory off street parking one space per unit um i did it did not appear that

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there was any on on the plans and it wasn't called out on the refusal so i just wanted to note that

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for the record thank you questions or comments from the audience or the virtual audience

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i do not see any hands mr chair thank you planning commission

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thank you chairman and good afternoon david vecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rsa5 residential

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single family zoning at this location the city rezoned this neighborhood in 1971 and a council

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supported map change the other homes on the south side of this block face have multi-family dwelling

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units ranging in number from 4 to 22 so the proposed two dwelling units matches the character

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of the other homes on this block face the city planning commission recommends the board grant

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for proposed use and dimensional variances thank you mi2025-005-4800-5334 vine street

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i vote yes carol gaston my vote is yes danetta graham my vote is yes ryan mcadams my vote is yes

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bion my vote is yes thank you thank you council thank you have a good day all right number five

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MI-2025-005-490-5001 Cheslin Street.

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Vern Anastasio is the attorney.

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We're coming back in as a panel, sir.

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Sure, thank you.

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good afternoon mr chair good afternoon council could you please state your name as fellow for

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the stenographer sure it's vern anastasio a-n-a-s-t-a-s-i-o on behalf of mr daniel hossein

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do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do burn do you have anything from the rco by any chance i i do i have a letter of support

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we don't have that do we hillary no do me a favor just whenever you're done uh

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if you could show it to us and then maybe send the copy to hillary yep and our vice chair has

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a few questions you're you're on mute

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

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

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I do.

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Okay, thank you. You can share your screen and begin with your case.

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Thank you. We'll start with the letter of support from Walnut Hill Community Association dated 17th, January, 5001 Chestnut Street. We did meet with them. We went through everything. And as you can see, letter of support, I will be sure to pass that on to the administration.

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Also, moving that into evidence.

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This is the property of 5001 Chestnut Street.

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This is the side of the property.

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I'm going to show you the front in a minute, but it's important that you see the side.

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As you can see here, we have a lower level, and there are two doors that the plans will

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show.

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This lower level has a long history, decades, of being a hair salon, full-service hair salon.

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The ceilings are just under eight feet tall inside.

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You can walk right in from the sidewalk.

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So that's always been there.

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And then upstairs has always been a two-family dwelling.

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In fact, we have evidence that we're submitting today of current rental license.

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In fact, we have evidence that we're submitting today of current rental license for both of those, and they've been that way forever.

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As you know, this is 50th and Chestnut, so all the corners are multifamily.

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There is a look. I'll show you in a minute.

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This is the front of the property, as you can see.

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And let's take a look at the plant interior layout.

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This is that lower level I was talking about that I showed you previously.

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And there are two entrances currently.

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This entrance here will be for the apartment of my client's unit.

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Living room, large kitchen for eating, and a home office with a closet, and one bedroom and a bath.

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and also there will be access through a door to the shared laundry room from the interior just

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for this unit of course it'll stay locked it'll be a steel door because of the different use

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the entrance the separate entrance towards the back of the street it is for the shared laundry

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there's also a breezeway back here and there'll be storage beyond the gate of the breezeway

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for three trash containers and recycling containers so each unit will have access to this rear

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in fact there it is again it's between the garage which is my clients

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and the house there's a gate here and that's and that's how you get there so

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that's I'm sorry that's that's the lower level this is what would traditionally

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be the first floor through the porch there's a sunroom a living room as you

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can see a kitchen two bedrooms and a full bath there is a door off the

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bedroom it does not mean it opens to a yard it does not it opens to some stair

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for emergency egress but there's no yard there because obviously even though

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this is the first floor it is a you know it's more than 10 feet above grade

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because that lower level has whatever concrete patio there is if the if the board decides that

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this rear egress needs to be removed then obviously my client would be happy to seal that

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up again there's no there's no access to a rear yard there but there is rear egress in case of a

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fire and that's a pre-existing condition. Same thing here, this is the top floor

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if your living room in the front, your kitchen in the rear, your hallway that

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houses the bedrooms and full bath in the center. Again there's a rear egress door

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for stairs to get outside so that you can escape a fire if there happens to be

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fire in the front but again there's no door that leads to a yard from here unless it's down the

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stairs this is the refusal we refuse because it's the multi-family uh despite the long history of

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it always being three units i submit the history of the property uh also today in this packet

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this is the the property in question right across the street is a large many multi-family

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dwelling and then we have another one on this side and a multifamily as well

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here so all four corners are already multifamily there's RM1 across the

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street this property is actually longer than most of the RM1 properties but it

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is burdened currently with the RSA 5 designation there's some interior

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your photos that's the Sun porch

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Very well maintained, very well appointed, very well kept.

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Very well kept.

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With the two tenants, we've never had any trash issues, any problems like that.

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Only time we've ever run into an issue was when somebody illegally dumps someone from somewhere else because it's a corner, you know, sometimes that can happen.

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My office was notified of that.

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Recently, within hours, it was removed by my client.

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It's very serious about, you know, maintaining the property.

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Again, this is the history that goes pretty far back as far as it consistently being three units, just one of them being a beauty shop.

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And I'm going to move all of that into evidence.

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Okay.

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Here's the proof of mailing.

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122 individual households were mailed.

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The RCO meeting was held, and as I previously stated, they are in support.

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I've also included just all the LeadSafe certificates, and this is a good – my client is a good landlord.

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He has proof of posting and just wants to continue to maintain the property in the condition that it deserves.

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And with that, I'd like to call Daniel Hossain.

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Thank you.

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Okay.

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I'm back in as a panel, is it?

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Daniel?

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I'm here.

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Could you please state your name and spell it for the stenographer?

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yes my name is daniel hossain d-a-n-i-e-l h-o-s-s-a-i-n do you swear or affirm to tell

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the truth the whole truth nothing but the truth yes counsel thank you daniel did you hear my

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presentation to the board today yes sir true and accurate to the best of your knowledge

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yes and do you adopt it as your own testimony yes thank you i have nothing further questions

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on the board uh yeah i i guess one uh there's uh if you can go back to the the plans yes sir

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there's definitely something to be said about the old buildings in the old departments they're

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livable um unlike some of the new stuff yeah unlike some of the new stuff that's being built

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you can barely you can barely you touch one hand on one wall and your your hand is on the other

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wall and that's your living room dining room the kitchen's ridiculous so the units are nicely laid

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out my only criticism is on the basement level where you have to go into your bedroom to go to

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the bathroom that is about as enough that's as big a peeve for me as having to go through the bedroom

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to go to the backyard so when you have company actually have to go in your bedroom to go to the

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bathroom so that that's problematic and it's a lot of rooms but you know that's i guess that's the

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nature of those old buildings. So if there was a way you could make that so you don't have to go

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in the bedroom to go to the bathroom, I don't really have an issue with anything else that I've

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seen. Thank you. Anyone else? But somebody else probably is going to talk about trash and whatnot.

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I just want to confirm that you're going to have a full separation for that basement unit to that

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laundry room. Right now, I understand that they have to have access to it, but it's reading like

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it's all part of the unit no this uh the everyone has access here from 50th street yeah this here

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would be a steel door that uh that my client could access from his unit to the laundry room

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uh that's the plan that doesn't mean it has to stay that way but that was the plan

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okay and then the 60th street entrance into the laundry room is pre-existing because i thought i

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only saw one you only saw one because a car is blocking the other it is pre-existing okay all

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right and then where is that also where all of the meters are going to be i'm assuming since this was

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already subdivided that there's already separate meters for all of the units in the building

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existing yes there is okay okay okay and my question is why are we here this has been

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three units for this long a period of time yeah but it's zoned rs the underlying zoning uh since

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the remapping is rsa5 and that third unit was commercial remember ah okay all right wasn't

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residential yeah right ah okay all right questions from our attorney hillary thank you you're welcome

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you're welcome um not at this time mr chair oh well questions or comments from the audience the

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um not at this time mr chair oh

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virtual audience i do not see any answers any commission

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thank you chairman and good afternoon david effector with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rsa 5 residential

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to single family zoning at this location the city rezoned this neighborhood in 2022

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in accord with recommendations in the comprehensive plan this property appears to have been built as

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two dwelling units with a ground floor commercial space predating the adoption of zoning the

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appellant requests permission to convert the former ground floor commercial space into a dwelling unit

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the city planning commission recommends the board grant the proposed use variance for a third

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dwelling unit thank you mi2025-005-490-5001 chestnut street i vote yes

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go john's my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes

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ryan mcadams my vote is yes i win my vote is yes thank you thank you council number six mi

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2025-005-493-5801 Ridge Avenue. Mr. Patterson, Ronald Patterson is the attorney.

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Mr. Patterson, you were here awful early today. Could you please state your name and spell it for

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the stenographer? Good afternoon, Ronald Patterson.

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just for the for the record spell your latest name

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p-a-t-t-e-r-s-o-n you swear or affirm to tell the truth the whole truth and nothing but the truth

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uh yes i do could you identify your client in relationship to the property

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sure uh nova care rehabilitation is the tenant and um ridge avenue property llc is the owner and

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And I'm here on behalf of both.

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And the Roxborough Development Corporation formally expresses their support and also

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align with Central Roxborough Civic Association.

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Our Vice Chair has a few questions.

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Good afternoon.

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Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, I have.

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

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Yes, I do.

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Okay, thank you.

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You can share your screen and proceed with your case.

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Great.

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thank you so this application regards 5801 ridge avenue it's at the intersection of ridge avenue

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and rector street and as the aerial shows to the right on on this photograph is the rocks

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roxborough memorial hospital

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so the application is for special exception for nova care therapy rehabilitation office and

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outpatient use it's characterized by the zoning code as a medical health and group practitioner

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where are you having more than one practitioner one assistant which is the case here the property

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is a four-story mixed-use building having 50 residential dwelling units

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with commercial spaces on the first floor as i'm designating here there are also

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So I'll go through here. This is the space where we're proposing to occupy here.

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On the side on Rector Street, there's an entrance to a covered parking garage that has 17 parking spaces.

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The Novocare is proposing to occupy one space. I'll go through the...

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here's a space here it's approximately 2493 square feet there has not been a tenant

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placed in there yet because it's a fairly new building

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is that commercial space number two yes it is thank you mr chairman poster from the side

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there's our refute our referral and we're looking to start looking at the floor plan

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nice we did meet with the rocks uh borough development corporation in november on the 6th

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2025 and it's exhibit two is there's a letter of support with that said i just i want to have

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mr junta testify sure sure michael that was yes sir could you please state your name and spell

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yes sir could you please state your name and spell for the sonographer sure justin junta j-i-u-n-t-a

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for the stenographer justin junta

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right do you swear or affirm to tell the truth the whole truth nothing but the truth yes council

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