civus
Hearing audio

ZBA Hearing - January 28, 2026

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

don don't tangrady or clementa amazon or the attorneys

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good afternoon well good evening chairman we're sorry we're so late i i was

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we well we we hate when we ruin people's night lights like this um could you state your name

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and spell for the court sonographer of course clemente amazon on behalf of the property owner

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name is spelled C-L-E-M-E-N-T-A, last name is spelled A-M-A-Z-A-N.

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M-E-N-T-A, last name is spelled A-M-A-Z-A-N.

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All right.

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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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Yes, I do.

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Okay.

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And our vice chair has just a few questions for you.

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Good evening.

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

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Yes, I did.

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Okay.

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

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Yes, I do.

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Okay.

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Thank you.

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can share your screen and proceed with your case thank you very much

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all right

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can everyone see my screen yes yes we can okay great i understand that it is almost seven o'clock

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and so i will do my best to be brief this is a very straightforward case what we're discussing

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here for 3941 aspen street is a pre-existing use it is currently zoned residential single family

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however as you will see in my presentation it has been a duplex that was granted by variants dating

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back to 2008 my client purchased it it was already fitted out as a duplex she did no work to convert

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the property there was a rental license that was previously issued however the prior owner

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did not keep up with the rental license and so we have to start the process all over again

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for the duplex use. We have the refusal here just showing that the only refusal we have

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is for the duplex use as a property zone single family.

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At the time of my submission of the presentation materials, I had not yet received a letter

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from the community organization. I did speak to Dwayne Drummond, who is the head of Mantua

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Civic. He advised me that he is out of town and unable to provide the formal letter. However,

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he did send this email indicating that there was a vote in favor of the project five to one

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as you can see this is doing drama's email my contact information and my follow-up just

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requesting for the letter of support um so once we receive the formal letter i will request that

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he submit it to the board directly but in lieu of that we do have this email stating that the

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community voted in favor thank you this is just one of my follow-up emails this is a view of the

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front of the property. Again, this is a pre-existing use. There is no construction that's being done

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here, no demo that's being done here. We did post the property. As you can see, this is a view of

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the side yard. I have multiple photos just showing the two units. It's a one-bedroom, one-bath on the

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first floor. The second and third floor is a two-bedroom unit. The first floor is currently

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occupied the second floor is not occupied at this time as i mentioned dating back to 2008

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excuse me michelle white was a prior owner she did receive a variance for the duplex use as you

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can see here march 14 2008 it was approved this is the mls listing showing the listing that my

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client saw indicating that it was a duplex two units when she was looking to purchase the property

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this is a rental license that was on file with the city it was issued march 10 2008 again for

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two units we did notify the community of the march 15th meeting as well as today's eba hearing

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i would assume that there's the one present but if they decided to stay on that'd be lovely

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we included a copy of the notice of refusal a list of the properties that were notified

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our certificate of mailing we have the deed as you can see my client purchased this property

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from michelle white who is the same person who had the rental license and filed that initial

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application however did not maintain the rental license and so we have to go through the zoning

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process once again our application for appeal project information form and we attempted to

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obtain the tax clearance certificate we were unable to do so although it did say that the

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zoning board clearance was passed so we did just pull the clearance showing that the only balance

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dues for 2026 which is not yet due so with that i believe my client is on or i hope she is she

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may not have been able to stay it would be zineb anor if she could have got my testimony

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never no has been promoted she will be back there you go she waited

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lovely

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then up can you hear me yes i can hi everyone hi good could you state your name and spell it

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for the court sonographer uh it's zineb anwar z-i-n-e-b-a-n-o-u-a-r do you swear or affirm to

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tell the truth the whole truth nothing but the truth yes council then did you hear my

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Yes.

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Council?

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Jeanette, did you hear my presentation today?

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presentation today.

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Yes.

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Clementa.

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And was it true and correct?

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Yes.

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Would you adopt it as your own testimony?

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I do.

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Thank you.

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Questions from the board?

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Yes, we're with the clients.

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The residents store the trash.

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um the trash is going to be stored in the front yard as it is currently stored it is

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an enclosed space as you can see right here do we have a floor plan

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it's a pre-existing structure so we don't have a floor plan yes there are what about pictures

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of the inside yes so here we have the entryway coming into the property if you go up the stairs

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that gets you to the second floor unit we have photos of the kitchen as well as a living area

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one of the living areas as well the kitchen and unit washer and dryer one of the bathrooms

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this is the upper level unit so these are pretty sizable units again this is not new construction

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we aren't doing anything but using the property as it was purchased so these are the photos of

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interior that were submitted with the presentation. Other questions? Are the utilities already

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separated? Yes they are. Okay and I mean it looks like every picture you've showed us is

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of the second floor. Are there any photos of the first floor unit and can you tell us what the

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um how many bedrooms and bathrooms are in each unit sure the first floor unit is currently

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occupied so we don't have pictures of that right now which is why we focus on the second floor unit

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um the first floor unit is a one bedroom one bath and zanep correct me if i'm wrong the second and

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third floor is two bedrooms how many baths two baths two bedrooms okay and then is there a basement

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and what what's the the basement however it's not accessible to the tenants currently it's not

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finished either tenant either tenants no one has access to the basement so how do you access the

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basement then how is the basement access it has its uh it's separate like stairs and door

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like through the the the you know the hallway but like you know the the door to the basement is

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separate okay so there's the door to the basement is off of the main hallway it's it's it's in the

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main hallway so who has access to the rear yard the tenant that currently occupies the first uh

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um first floor lower yeah questions and then i mean i guess this is for um the attorney it

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does look like there was a use permit pulled to convert this from single family to multi-family

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in 2008 that you didn't talk about is it that the previous use was never completed

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I did pull that use permit. So this is the application, March 14, 2008. It was stamped

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as approved. Thereafter, this rental license was pulled. So because the rental license

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wasn't maintained, we now have to go through the zoning process again.

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Understood that, but the original zoning permit was for three units, and you've only

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talked about too which is why i'm asking and from 2008 says that it was subdivided and that there's

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a multiple bedroom unit on the second floor and a multiple bedroom unit on the third floor

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and you've only addressed that there's the second floor unit we've seen photos and we've heard about

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the existing tenant on the first floor so what's going on on the third floor the third floor would

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be part of that second unit so the second unit would be the second and third floor so we're not

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looking for three units here we're only looking for two one on the first floor then yeah i got

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what you're asking for i'm trying to clarify because you said that there's no work done and

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that's why you didn't have plans and you didn't have all the photos and it's not really clear

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from the city's record what is existing so i guess i'm also clarifying what is there because your

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your client bought the property in 2018 which is six years ago so i'm trying to like understand

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what is it that we're that we're trying to operate

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then uh can you clarify how many better rooms are on yeah sorry

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Zainab, can you clarify how many bedrooms are on the third floor versus what's on the third?

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Yeah, sorry. Let me make a correction, Clementa. You do have pictures of the first floor, actually.

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Okay.

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Yeah, yeah. So the second floor and the third floor will be like, you know, one unit.

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It's like two bedrooms. Each one has like two bedrooms and each one has one bathroom.

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So it will be two bedrooms, one bath, and then another two bedrooms and one bath.

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so they will be combined you know two and three will be into one unit and then they currently

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aren't or they currently are what's the current condition they're separate units sorry what do

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you mean by the prior condition so currently the second floor and the third floor are not nobody

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lives in them right yes so i'm saying are they currently separate units no no so there's only

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one kitchen yes okay and then if you want to scroll lamenta too so i can show you know the

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pictures that pertain to the first floor this one yeah so this is the first floor

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okay so this is the front living room in the kitchen that's correct yep could you walk us

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then through the layout the kitchen is in the middle of the apartment or is it at the rear

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it's in the rear there's the kitchen and then there's the small laundry room and then there's

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like the door that will take you to the backyard okay and the first floor unit is the only unit

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that has access to the backyard that's correct yes okay the questions

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questions from our attorney um zamzon if you could just submit a copy of that email

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from the RCO by Close of Business tomorrow,

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so we have that for our records.

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That would be great.

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Thank you.

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Questions or comments from the virtual audience?

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Chair, I have a hand up from a Michael Jara.

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I will promote them right now.

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Sure.

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Michael?

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hey everyone i am michael jara could you please state your name and spell it for the sonographer

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yep michael jara j-a-r-a all right do you swear or affirm to tell the truth the whole truth nothing

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but the truth yes sir michael are you a neighbor um yes i purchased the property uh right next

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door actually okay um yeah three uh three nine four three aspen street um i was following the

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case because it's my next door neighbor. So that's fine. I'm okay with the variation because

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I believe they have like two units already being renting out or one, she says, not too

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sure. But just want to make sure everything's, you know, okay, structurally wise, because

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I was following the permits online. And I believe one of the panelists didn't mention

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that um there was the the permit was for three uh units um but now i'm hearing two which is fine

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i don't care as long as as long as it's like fine structurally okay that's all right but

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we appreciate you taking the time to call us and uh thank you yeah thank you guys okay um

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Chair, if I could respond.

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Yeah, sure.

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So, the notice of refusal, we are to clarify.

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We're just seeking two units here.

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The prior permit, as we discussed previously, was for the three units.

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So, we're just looking for two units here.

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Okay.

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Chair, can I request that if we do this, that we provide a requirement for a CO?

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Because there's never been any L&I permits pulled for this.

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Yeah, we'll get to the CO.

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we're good um questions from uh comments from the planning

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yes good evening liz scusely on behalf of the philadelphia planning commission

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

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location. The city rezoned this neighborhood in 2017 in accord with the recommendations in the

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comprehensive plan. There is no unique physical condition or circumstance of this property

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that would prevent it from being used in conformance with the zoning code. This is a solidly

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single-family block face. The city planning commission recommends that the board deny the

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proposed use variants for two dwelling units thank you mi2025 004603 3941 aspen street

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I vote yes with provisos. Maximum two units.

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i vote yes with provisos um maximum two units and certificate of occupancy to be obtained

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can we can we also include that a trash be stored inside they've got enough room for both the units

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sure trash or or the first floor then the rear yard and the second floor inside

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yeah so you hear that clem it's it's in the front yard now we it should be either in the rear or

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inside okay understood all right so in terms of the wording for that okay i was going to say in

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terms of wording for that proviso just say no trash storage in front yard and then they can figure out

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where the best put it otherwise why don't we start over it again right so it's uh i i wrote yes um

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trash stored trash not to be stored in front yard right maximum two units and certificate of occupancy

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to be obtained michael johns my vote is yes

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joe gaston my boot is yes with provisos canada graham my vote is yes with provisos

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ryan mcadams my vote is yes with provisos my own my vote is yes with provisos

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thank you council thank you is there anyone in the 330 list whose case has not been called

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um i do not see any hands mr chair thank you everyone we appreciate the the long lengthy day

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and and uh tenetta i would say that i just want you to know that uh you were much more happy and

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when you would say and i think it had to do because you're not getting ready to say to

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cheryl how are we getting home tonight because usually this time of night you're saying this

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cheryl how are we getting home are we taking uber what are we doing i noticed either one

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One of you are worried about how you beat the whole thing.

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