civus
Hearing video

ZBA Hearing - November 6, 2024

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

from the 7th Ward RCO, as well as the lease. At this point, I'm going to mention the hours of

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operation would be from Monday through Saturday from 10 a.m. to 8 p.m. Sundays from 11 a.m.

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to 5 p.m. I've also attached a copy of the lease as well as the photos and the

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I've also attached a copy of the lease, as well as the photos and the plans, site plans, drawings.

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At this point, I do have Mr. Chris Cuck on behalf of DTLR, Inc., who's in on the call.

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If we could promote him to panelists.

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Chris Cuck has been promoted to panelists.

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Mr. Cook, can you hear me?

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

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Name is Chris Cook, C-H-R-I-S, Cook, K-O-C-H.

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

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I do.

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Please proceed, Counselor.

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Thank you.

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Mr. Cook, have you heard my presentation?

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I have.

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And do you agree with it?

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I do.

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Do you have anything to add or modify to my presentation?

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I do not.

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Would you adopt it as your own as if you were testifying?

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Yes, I would.

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Okay.

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Thank you.

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Questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Just noting for the record that this is for store number nine specifically.

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Correct.

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As no gin in the lease.

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Thank you.

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Correct.

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questions or comments from the virtual audience

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i see no hints at this time chair planning commission

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this is ron bednar city planning while this property is currently indicated for industrial

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use on the city plan given the physical site circumstances we recommend the request of variance

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be granted. Thank you. MI 2024-005-505-700 East Honey Park Avenue, I vote yes with proviso. Use

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limited to store number nine. Michael Johns, my vote is yes with proviso. Cheryl Gaston, my vote

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is yes with proviso. Senator Graham, my vote is yes with proviso. Ishmael Shaheed, my vote is yes

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we're providing. Thank you, counsel. Thank you. Have a good day. Thank you. Is there anyone in

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the 2 p.m. audience whose case has not been called? I see no hands at this time too. Okay,

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so we're going to take a five-minute break, come back, and then we'll do the 3.30 list. Thank you.

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing the 3.30

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list of hearings for ZBA. Before I start, I have a couple of announcements to make.

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Number one, Ian Haggerty is the ZBA's new executive director. Mr. Haggerty has been a

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valuable resource for the Planning Commission for a number of years, and he also was one of the

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people assigned to the zoning board. He's literally heard hundreds of zoning cases.

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We are very fortunate and we wish we want to welcome Mr. Haggerty to our ZBA board hearings.

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Thank you, Chair.

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I appreciate it.

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And number two, beginning with the December 4th hearings, any documents or other information that parties want to submit to the ZBA for hearings must be submitted through the ZBA's new online upload tool, ZBA Case Submission.

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Information on how to access and use the submission tool will be included with hearing notices and zoning posters.

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Please note that the applicant's documents are due five calendar days prior to the hearing.

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Documents submitted by any other parties should be submitted at least 48 hours prior to the hearing.

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To allow sufficient time for processing, in addition, the following information continue to be submitted through email

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and not through the upload.

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Requests for continuance, withdrawals, reconsiderations,

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and amended refusal, as well as requests by attorneys

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who enter or withdraw appearances.

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If you have any questions about the ZBA case document

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submission tool, please contact RCOZBA at phil.gov.

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Thank you.

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Get started here in a minute.

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Okay. With me is Ismail Sha'eed, our Vice Chair.

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Present, Chair.

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Our Board Member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our Board Member, Tanetta Graham.

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Present, Mr. Chairman.

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Our Board Member, Michael Johns.

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Also present is our attorney, Hilary Emerson, and our new executive director, Ian Haggerty.

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Also present is our attorney, Hillary Emerson, and our new executive director.

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Here's our virtual format.

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Meetings are being recorded. With your participation, you agree to be recorded.

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Video will be available by contacting ZBAexecutiveDirector at phil.gov.

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For a court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question answer box on the screen is not for testimony.

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All questions should be directed to zbaexecutivedirector at philip.gov.

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Let's look at our schedule for this afternoon.

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Thank you.

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Sorry, one minute.

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1. MI 2023-006-622-1654-58 North 57th Street. That case is continued attorney-moving party.

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Number two, 824-001-985-3327 to 3327 to 35 B Street.

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The case was listed in error.

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It is a duplication of another matter that the board will be hearing later today.

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Number three, this year, wait a minute.

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Okay.

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Number three, MI 2024-004-050-2155 Castor Avenue.

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This case is continued attorney moving party.

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Are there any other requests for continuances?

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I see no hints at this time, Tara.

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Thank you.

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So number five, MI 2024-004-086, 2230 South 15th Street.

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No exhibits, first listing.

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Lawrence Rayo is the listed owner applicant.

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This is a pro se.

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Lawrence Rayo, if you're in the audience, please raise your virtual hand.

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So I have a hand up by the name of Alcatel, Jewytep 2.

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I'm going to allow them to speak.

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See who that is.

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Please unmute yourself.

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Hi, could you state your name, please?

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Excuse me, my name is Lawrence Rayo.

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L-A-W-R-E-N-C-E.

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Last name is R-A-O.

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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, sir.

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Mr. Rayo, we do not have any exhibits.

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This is the first listing of your case on 15th Street.

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I'm working with an expediter, Mayor Mitchell.

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She is connected.

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She has sent in all the paperwork, and she will be working the slides.

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she is aware that she's not able to speak on the matter we we have sir mr rail we did not receive

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your documents and as a result of that they haven't been reviewed or anything of that nature

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and we're going to have to continue the case and if you have any questions you could you could have

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you could just contact our office and we will um explain to you what you need when it should be in

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by etc okay yes now you just so you know you have a second case here mi 2024 004 087 2223

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south 18th street again we do not have any documents for these for that case so i i think

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what you have to do is get with your expediter and you should call and figure out what you need

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and make sure they're all in and then the next time you'll be ready to go okay so yeah she's

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Thank you. Thank you. So number five, MI 2024-004-086-2230 South 15th Street at Cases Continued. Mark must be heard.

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2230 South 15th Street, that case is continued. Mark must be heard. And number six, MI2024-004-087-2223

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South 18th Street, that case is continued. Mark must be heard. We're going to go to, let's see

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or a number. All right, we're going to start with number four, MI 2024, 004-085, 1600 South

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Taney Street. Marcella and Robert Zammer are the owner applicants. This is a pro se.

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There's a letter of support from Tasker Morris Neighbors Association. The letter states that

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the Philly Thrive, ROAD, and Grace Ferry Community Counselor were also present for the meeting

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when the letter of support came from then.

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Marcel Zimmer will be rejoining us as a panelist.

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Okay.

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Hi, this is Marcel Zimmer.

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

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Marcel, M-A-R-C-E-L, Zammer, Z-A-M-M-E-R.

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Do you swear or affirm that tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Our vice chair has a few questions for you.

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Yes.

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Ma'am, have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes, I have.

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Thank you. May you please share your screen? You can proceed.

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So there should be a green button on the bottom that says share screen?

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Yep. So do you see 1600 South Taney? No, nothing's up yet. So I think what you have

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to do is open your documents and then push share screen. Okay.

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green button share screen right i thought i had that hold on let me just go back

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right share screen

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okay can you see 1600 south taney no no nothing's up yet so i think you you here it's coming now

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it's coming out 16 south taney's up thank you so much i apologize i'm kind of new at this

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no that's okay thank you i i am the property owner along with my husband um just the um first page

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that i would bring up is the front of the property it's a two-story building and then i show a you

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know rear of the property it has a one-car garage and um second the story has a small balcony

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i've provided uh photos of the second floor apartment which has been in use for

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uh, over 10 years with my renter's license. Oh, and then I have photos of, sorry,

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the first floor, which was used for storage. My husband owned a roofing company and most of

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all of the years that we've owned this property, we only use the first floor

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for storage for materials and equipment it already had an existing bathroom and kitchen in place

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but he just used it as storage when he retired he just did these renovations on his own

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we repurposed the cabinets and put new appliances and flooring and sheetrock

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and um you know fixed the bathroom with all new appliances and made a one-bedroom apartment

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This is a photo of both South Tesker Street and South Taney, where I posted the required orange 11 by 17 posters with all of the required information for the hearings with the RCO and this hearing as well.

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I applied for the zoning permit.

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This is just a copy of the permit, page one and page two.

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and then the zoning permit and Eclipse

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and the notice of denial.

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The notice of denial from my understanding

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is that it was or is zoned as a CMX1, I believe.

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But I thought I had changed that.

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I thought I had changed that. My primary request here is just to get permitted for this to be a

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My primary...

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two-family dwelling so that I can sell the building. My husband and I are now retired,

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and we moved out of state and would just like to sell this property as the two-family dwelling.

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I had someone that was interested in buying it, a young couple who wanted to live on the first

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floor while maintaining the current tenant on the second floor. I believe my request is simply

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being asked if I can have this changed to a two-family dwelling. I just, I provided the

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application here. These are where the required documents seeking like a variance or a zoning

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change. I'm not quite sure what I'm asking for, but I wanted to also just provide the project

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information sheet. All of these documents have been submitted as required. The confirmation of

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the project information sheet. This is the letter that I mailed out to 206 neighborhood neighbors.

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It was the letter advising the entire neighborhood. And again, it was 206 neighbors

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about the my husband and I the existing property the description of the property

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and what we would like to do you know make it a two family dwelling and that is also was on the

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poster the next slide is the receipt from the mailing out of the 206 letters to the neighbors

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I received confirmation from the board council email on November 4th that the UPS mail receipt was sufficient for proof of mailing.

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I have also attached the deed that was one of the requirements.

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So this page is the deed and the next two pages are all part of the deed.

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Also part of the deed.

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The next slide is a notarized letter signed by myself and my husband stating that I was representing my husband and I for this hearing.

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That was a requirement.

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And this is a copy of the zoning poster, 11 by 17.

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It was laminated and posted.

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It's still posted.

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the next slide is the support letter from the community organization I did have the RCO meeting

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on Monday and that was with the Grace Ferry Community Council the Tasker Morris Neighborhood

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Association Philly Thrive and Grace Ferry Coalition of Neighbors I received the approval

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from Charles Reeves he emailed the letter and I did submit that as well as required

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And then the last item I just would like to mention is my realtor, Michael Rosania, advised me that the address adjacent to my property at 1601 South 27th Street is now zoned as an RSA 5, which is the same as this request with a permit for a two unit dwelling.

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So right next to me is already a two-unit dwelling.

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I'm not changing anything on the property.

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It's staying the same.

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