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Hearing video

ZBA Hearing - November 6, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 6, 20244h 58m

Thank you.

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there we have 44 attendees and we can start as you wish why don't we start

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Are we ready?

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Yes, Chair, we've been recording.

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Okay, thank you.

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Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning's meetings.

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Before we begin, I have two announcements.

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Number one, we are pleased to announce that Ian Haggerty is a new executive director for the

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zoning board. Mr. Haggerty is a longtime employee of the Planning Commission. And for those people

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who have practiced here before, Mr. Haggerty has participated and represented planning in numerous

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zoning board cases. So we are very, very pleased to welcome Mr. Haggerty as our new executive

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director. Second, beginning with the December 4th hearings, any documents or other information

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that parties wish to submit to the zoning board for hearings must be submitted through the zoning

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board's new online upload tool, ZBA case document submission. Information about how to access this

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will be included with hearing notes and zoning posters. Please note that the applicant documents

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are due five calendar days prior to the hearing. Documents submitted by any other parties should

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be submitted at least 48 hours prior to the hearing to allow sufficient time for processing.

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In addition, the following information should be continued to be submitted through email only

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and not through the upload tool. Requests for continuances, withdrawals, reconsideration,

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and amended refusals, as well as requests by attorneys to enter withdrawal appearances.

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If you have any questions about the ZBA case document tool, please contact RCOZBA at phil.gov.

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And thank you.

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With me today is our Vice Chair, Ismail Shahid.

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President, Mr. Chairman.

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Thank you.

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Our Board Member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our board member, Michael Johns.

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Present, Mr. Chairman.

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And our board member, Taya Nguyen.

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Is she here yet?

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She may not be here, Mr. Chair.

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She may be out of state.

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Okay, thank you very much.

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Present, Mr. Chairman.

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Also, oh, thank you.

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Also present is our attorney, Hillary Emerson,

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and also our executive director, Ian Haggerty.

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Here's our virtual format. The proceedings are being recorded. With your participation,

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you agree to be recorded. A video will be available by contacting

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ZBA Executive Director at phil.gov. For a court stenographer, attorneys and witnesses

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should identify themselves before testifying. If you're participating by phone, press star nine

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to raise your hand and star six to unmute. To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the profiting question. And finally,

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the question and answer box on the screen is not for testimony. Any questions should be directed to

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zbaexecutive director at phila.gov. Let's look at our schedule for today.

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No, I'll be with you.

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Number two, MI 2024, 000237, 1519, 1529-31 North Hancock Street, that case is continued.

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Number three, MI 2024-000-792-2333 East Allegheny Avenue. That case has been continued by the board.

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Number seven. MI 2024-003-974-1525 West Wyoming Avenue. That case has been continued.

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And number eight, MI 2024-003-975-2937A Street, that case has been continued.

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Are there any other requests for continuances?

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Good morning, Chair.

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This is Jasmine, and I will be your co-host for today.

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I see no means at this time.

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Number 5. MI 2024-003-972-4018 Lancaster Avenue. We have the exhibits. This is the first listing. Could Sharifo Islam please identify himself?

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Sharifo Islam, if you're in the virtual audience, can you please raise your virtual hand?

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I see no hands at this time, Chair.

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Thank you.

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Yep.

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I'm going up and down, up and down.

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Okay.

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Okay, here you go.

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Sir, could you please state your name and spell for the court stenographer?

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Sure.

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My first name M for Mary, D for David.

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My last name is Islam. I for India, S for Sam, L for Lima, A for Apple, and for May.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Everything is truth. I swear it.

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Sir, we received your documents too late to process today.

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They have to be in five days in advance.

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So what we're going to do is continue this case.

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And if you have any questions on what your document should be or the timing, please call our office, okay?

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So I need to contact with the office?

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Well, you don't have to.

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I'm saying if you have any questions, contact the office.

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I'm saying that we've received your documents late.

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We do have them, and you will be ready for the next time around, okay?

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Sure.

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May I know when and after how long this can be?

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uh the contact the office and they'll give you an idea when this is going to come back okay

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okay okay thank you very much sir

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number six mi 2024 003 973 201 north 58th street no exhibits this is the first listing

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Latifah Corsi

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is the listed applicant

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so chair I have a hand up by the name of Joanne Waters

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I'm not sure if they are associated with this case

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let's see if she's associated or not

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okay they have been allowed to speak

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could you please state your name and spell for the court sonographer

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Joanne Warren Waters

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W-J-O-A-N-N

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W-A-T-E-R-S

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Do you swear

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hold on, do you swear

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to tell the truth, the whole truth, nothing

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but the truth?

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Are you

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involved in this case on 58th Street?

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Yes I am

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there should be a number of members

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on the call from

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Mount Carmel Baptist Church

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we were not aware of the process

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we did an email

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a petition

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and my pastor also emailed the letter

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regarding

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So

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just so you know

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we do not have the exhibits for the person yet

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so I'm calling her

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if the exhibits are not here we're going to wind up

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continue this so Latifah

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Corsi please

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I see no one in the virtual audience

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by their name chair

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So MI 2024-003-973-2013.

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So MI 2024-003-973-201-North 58th Street.

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First listing, no exhibits, cases continue, but marked must be heard.

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Thank you.

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Number 12.

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MI 2024-004-047-2717 Federal Street.

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The listed owner is Michael McCrillo. No exhibits. First listing.

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I see no one in a virtual audience with their name, dear.

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So MI 2024-004-047-2717 Federal Street.

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This is the first listing. No exhibits. Cases continued. Mark must be heard.

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And number 13, MI 2024-004-084-8129-31 Stanton Avenue, this case has been withdrawn.

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We're going to go to our add-on list.

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Next. Number one, MI 2024-003-934-2653 North Daring Street. I vote yes with proviso. Must obtain a building permit.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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Ishmael Shaheen, my vote is yes, with proviso.

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Number two, MI 2024-005-342-1901 North American Street.

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Appeal denied.

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Cheryl Gaston, my vote is appealed denied.

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Michael Johns, my vote is appealed denied.

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Danetta Graham, my vote is appealed denied.

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Ishmael Shaheed, my vote is appealed denied.

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Number three, MI 2024, 000127, 5458 West Burke Street.

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Ishmael, I was not here for this

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vote. You'll have to vote on this. No, I'm sorry. Wait, wait,

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wait, wait, wait. Here it is.

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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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Tsunetta Graham, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Ishmael, in this next one, I was not here, but

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The case is MI2024-003-175-6709 Essington Avenue.

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Your vote is.

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Excuse me.

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Ishmael Shaheed, my vote is 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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it's not a grand my vote is yes

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we're going to go to our regular list we'll start with one mi 2022 007 excuse me mr chair

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mr chair can we start with um i believe it's number um 14 montrose street oh sure sure sure

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i thought you said to do one first i'm sorry uh yeah no 14 then go to number one thank you

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14. MI 2024-004-128-2200 Montreux Street. Henry Clinton is the attorney. There's a letter of support from the South of South Neighbors, 11 to 1.

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Henry Clinton will be rejoining us as a panelist.

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morning mr clinton morning mr chairman you please state your name and spell for the court

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stenographer sir sure henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n you swear or affirm to tell

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the truth the whole truth nothing but the truth i do could you identify your client

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and relationship to the property sure my client is the dijon d-e-a-j-o-n family trust

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Sure. My client is the Dijon, D-E-A-J-O-N, Family Trust, and the principal is on the call, Dr. Silvana, S-I-L-V-A-N-A, Kumani, C-U-M-A-N-I.

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project.

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And our vice chair has a few questions, sir.

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Good morning, counsel. Do you agree to wait to read another refusal or articulate code's accuracy?

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I do, Mr. Shahid.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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I have, and this morning I also attached a zoning permit that was inadvertently omitted five days ago.

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Understood. Thank you very much, counsel. Please proceed and introduce me.

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Good morning, Mr. Chairman, members of the board. Can you see this presentation?

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We can, sir.

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And I'd like to thank you for your courtesies, both of the ZBA staff, Ms. Emerson, as well as the board.

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Thank you.

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This concerns 2200 Block of Montrose Street at the corner of 22nd and Montrose.

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It's a dental practice that has been in existence since 2008, and we're seeking the expansion of this use in this single-family zoning district.

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These are my table of contents, which contains Exhibits A1 to A10, as well as the 2008 zoning permit for this property.

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Excuse me, Hank, can you make this a little bit bigger, please?

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Thank you.

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Okay.

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Thank you so much.

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Thank you, Ms. Gaston.

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So the refusal, as I said, this is an RSA 5 zoning district.

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And the current use is a group practitioner.

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It's a dental practice.

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As I said, it's been in existence in this corner for 15 years.

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The first floor and basement are the existing practice.

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In the basement is office, a meeting room, an area to grab lunch or dinner, whatever.

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And then the first floor is dental practice.

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The second and third floor is an apartment.

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So the thought is to remove the apartment and expand to the second and third floor.

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We do have an RCO letter of support, and again, there's reference in this letter that this

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variance is for a dental practice that was granted 15 years ago.

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Just some photos for perspective, Montrose Street, where my cursor is, 22nd Street, which leads

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right to Center City, and this is the existing three-story building, newly constructed in 2008.

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