civus
Hearing video

ZBA Hearing - September 27, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 27, 20235h 5m

This is a view of South 3rd Street looking north.

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This is an aerial view straight on.

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Quaker City is to the right of the Irish Society.

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The Irish Society is here. Shooting Stars is here, where my cursor is, and our club is right here.

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So we're asking to expand the rear yard basically to match the four or five buildings to the south of our location.

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This is the front view of the entrance to the club, the interior of the club.

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and this is the rear yard this is the adjacent property which is shooting stars which as i

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which is Shooting Stars, which, as I said, takes up just about 100% of the lot coverage.

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said takes up just about 100 of the lock cover

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This is the rear of our property.

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Again, another front view just to show you the zoning notices have been properly posted.

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And these are the plans.

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So the existing building is where my cursor is on the left.

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And the request is that the building be expanded as per the drawing in the middle.

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again, to accommodate event space, meeting space, storage, and for community activities.

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The rest of the documents are typical documents you would see, Mr. Chairman, in a presentation

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such as this.

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This is the zoning map, again, one of the exhibits in our table of contents, showing

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you the residential character of the neighborhood.

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Even across the street, it's zoned RSA 5, even though there's an elementary school there.

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And Quaker City, Irish Society, as well as Shooting Stars are all located within an RSA 5 zoning district, and they all have the distance in their building that we're asking for here today.

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So, in conclusion, we're asking that this building be expanded to assist with Cara Leone, a wench brigade in the Marmers Association.

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Again, it's a recent organization as compared with some of the other longstanding Mummers Association groups on the block, Shooting Stars, Quaker City, as well as the Irish Society is not a Mummers group, but it's basically a civic organization for Irish dancing and other community events in the neighborhood.

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We believe the use is in harmony with the other uses on the block.

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It's in harmony with the code.

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It's going to assist this club in growing and accommodating the materials, equipment, and other items they need to store in the building.

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It also will help them continue their 18-year run in dancing and brigading in the Mummer's Day Parade on New Year's Day.

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So with that, Mr. Chairman, I would entertain any questions after I ask my client to introduce himself and adopt my testimony.

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Why do you bring your client on?

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Mr. Gallagher, can you unmute yourself?

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Mr. Gallagher, you're free to speak.

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Mr. Gallagher, could you state your name, please, and spell for the court stenographer?

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Steve, can you unmute yourself?

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he's unmuted but he's just we can't hear him all right um counsel you're an officer of the court we

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will gladly take your testimony um just one question what was the vote of the uh the rco

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there's no summary mr chairman but i was at the meeting uh no one really voiced well

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we can see the next last paragraph no opposition from the neighbors so all right no one there

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voiced any opposition all right questions from the board no mr chairman no chair questions or

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comments from the virtual audience i see no hands chair planning commission thank you chair bergman

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and good morning david fechto with the city planning commission chairman and board members

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The comprehensive plan recommends no change to the residential single-family zoning at this location.

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This property has a longstanding use as a fraternal organization, so granting the proposed use variance will be in keeping with the property's history.

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However, the appellant has not shown that an economic detriment will accrue if they are required to comply with the dimensional requirements in the zoning code.

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So the City Planning Commission recommends that the board grant a proposed use variance for a fraternal organization, but deny the proposed dimensional variances for rear yard depth and maximum occupied area.

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Mr. Clinton, you want to respond at all?

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Yes, certainly. And I think there is one neighbor on the call, actually the neighbor who is immediately behind the building.

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Why don't I call that? If someone has their hand up, please bring them on.

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Chair, we have I

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the hand keeps going up.

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Okay, we have Eileen Kelly right now.

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Okay.

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Good morning, Ms. Kelly.

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Could you state your name, please, and spell for the

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court stenographer?

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Eileen, can you unmute yourself and speak?

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She's unmuted, but we're not able to hear her.

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She's unmuted,

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but we're not able to hear her.

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Thank you.

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Ms. Kelly?

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Okay.

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Mr. Clinton, why don't you respond, and then we'll go to the other.

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Sure, Mr. Chairman.

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So from this aerial photograph, which I showed to the board during the presentation,

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I showed Quaker City String Band, the Irish Society, and Shooting Stars.

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All of these buildings have almost 100% lot coverage.

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Our property or our proposed expansion is coming back basically to meet the depth of the adjoining buildings.

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These other societies and organizations, fraternal and members groups, have been in existence far more decades than my client's organization, which started in 2005.

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They're asking to be treated as the other clubs on the block are treated.

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They're a fraternal organization, as Mr. Fecto mentioned.

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Not only do they provide activities for their members, but they have outreach in the community.

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They work closely with the Irish Society, Easter egg hunts, other community activities, and just supporting the neighborhood in general.

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So. All right. All right, Mr. Clinton. Thank you.

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Thank you. MI 2023-001-513-1939 South Third Street. I vote yes.

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Thomas Holloman, my vote is yes.

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Ismail Shaheed, my vote is yes.

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Thank you, Mr. Clinton.

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Thank you, Mr. Chairman.

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That was a great day.

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Let's go back here.

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We have two cases we're still waiting for, right?

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Okay, number eight, MI 2023-001-515-2221 South Bouvier Street.

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Mary Rose Roach is the attorney.

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Okay, Chair, unfortunately, we can't promote Ms. Roach, but we can allow her to speak.

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Okay, will she be able to show her documents?

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And Chair, if I may, excuse me, Ms. Roach, what kind of device are you using?

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oh here she is chair okay good morning miss roach good morning how are you today

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hi good could you state your name please as bell for the court stenographer

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yes my name is mary rose roach that's m-a-r-i-r-o-s-e last name r-o-a-c-h

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

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i do could you identify your client in relationship to this property my client is

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michael domico he is the owner of the property all right and our vice chair has just a few

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questions for you good morning counsel do you agree to wait the reading of the refusal and

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stipulate to its accuracy yes have you emailed in all the documents required documents and

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exhibits that are needed and required to proceed with this case five days in advance of this hearing

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Yes, excluding the tax certification and pictures of the backyard, which I emailed about three days ago.

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Okay, please proceed and show your screen.

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Okay, are you able to see?

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Yeah, it's your refusal. We see it. Yeah.

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Okay. All right. So my client is submitted this appeal because he is requesting that the Zoning Board of Adjustment approve his addition of a deck attached to the second floor of his home.

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one refusal here that he has to apply for a variance where the the deck is not at floor level

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it's raised at the second level and it um it's constructed into the the back nine yards of his

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property which would be in his essentially his backyard um sorry these are just the documents

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that we submitted here just trying to get to the um so this is the property here um

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we did have a rco meeting with um the south philadelphia rco south broad street west rco

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South Philadelphia RCO, South Broad Street, West RCO, and they did have five votes, then all approved his appeal.

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And they did.

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As of right now, there hasn't been any known opposition to the rear deck.

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My client has also made sure that any, let me, sorry, scratch that.

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I think, oh yeah, he, my client made sure that he posted the notice on his store and

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he took a picture of that there.

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There's a closer picture here.

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You can see that.

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I can pull up the pictures of the rear deck.

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I just have to go to the email.

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so if you just bear with me here, there we go. So this is the rear deck here,

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his backyard, back door, and this is the deck.

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It's about, well, it's four feet in depth in the back of his property out into his backyard.

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there will be a three foot high railing that goes all the way around it and it's about 12

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feet in length. It's the length of the property. I believe they also got his tax certification here.

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so we haven't received any opposition um i don't know i can't hear you guys i don't

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can you can you hear me we hear you we hear you okay i'm sorry this is why don't you bring your

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client why don't you bring your client on and adopt your testimony great um

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so he he says he's on I just don't know if he is able to tell him to raise his hand

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Mr. D'Amico you need to push the button with the high five it looks like there's a

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hand raise button

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he had a hard time getting him on this morning um so so counsel you're an officer of the court

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we will gladly accept your testimony thank you questions from the board

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no mr chairman no chair uh questions or comments from the virtual audience

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i see no hands chair planning commission thank you chair bergman and good morning

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david effecta with the city planning commission chair and board members the comprehensive plan

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recommends no change to the residential single-family zoning at this location the rear deck

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appears to have been built without the benefit of permits the city planning commission recommends

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that the board deny the proposed dimensional variance from the rear yard depth standards in

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the zoning code okay thank you mi2023 001 515 2221 south bouvier street i vote yes

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thomas holloman my vote is yes ishmael shaheed my vote is yes council you have your votes thank

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you thank you have a good day okay mr chair this is hillary i just wanted to interject quickly

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and then we have one one other case um and but before that i don't know if it was noted that

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number 14 um was withdrawn um can you i'll put that in i'm sorry i'll put that in the record

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okay thank you so much mi2022002764 5235 jefferson street that case has been withdrawn thank you

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Okay, now we're going to go back to

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MI 2023-001-453-5446, King Cesson Avenue.

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David Sprittle.

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Mr. Sprittle is coming back in as a panelist.

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good morning sir hey you've already been sworn how are we making out with your computer okay

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i think i figured this year so okay all right so just just i want our vice chair to have just

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a few questions for you please good morning sir have you emailed in all the required documents

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Good morning, sir. Have you emailed in all the required documents and exhibits that are needed and required to proceed in this case five days in advance of this year?

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and exhibits that are needed and required

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Yes.

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Thank you. Please proceed and share your screen.

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Okay, this was a water, rice, and ice cream thing for a bunch of years. I brought it.

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Now that just, everything was existing except I put the exhaust system in for the cooking, which you see right here going up into the roof.

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Uh, right here.

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Uh, my, um, documents.

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My plans.

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So that's the only thing I really changed and everything was, was in there already.

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I just put the cooking hood.

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Go back again one minute.

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I want to see where that you say your plans.

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Let me see what that is.

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Okay.

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Go back.

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this one here is that your property there yeah okay let me see it and how long how long has

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that been there i was like it was like a popular uh water ice thing jack's water ice i think it

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been there he's been at least since the 60s okay and and what do you what services are you adding

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oh so i'm just doing take out like um healthy foods turkey burgers wraps

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stuff like that smoothies

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thank you

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and you have a letter of support

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from the Southwest Philadelphia District Services

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right yeah

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do you remember what that vote was

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oh everybody

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voted on behalf of me yes

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alright good thank you

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questions from the board

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no Mr. Chairman

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Ish

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questions or comments from the virtual audience

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i see no hands chair planning commission thank you chair bergman and good morning david fechta

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with the city planning commission chairman and board members the comprehensive plan recommends

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no change the residential single family zoning at this location this property has a documented

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history as ground floor commercial dating to at least 1963. The City Planning Commission

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recommends that the board grant the proposed use variants for a takeout restaurant.

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Thank you. MI 2023-001-453-5446 King Sesson, I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Sir, you have your votes. Thank you.

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Thank you.

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All right.

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All right.

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Is there anyone in the virtual audience whose 930 case has not been called?

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I've seen no hands, Chair.

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Okay. Thank you, everyone. Thank you for the morning work. We'll see everybody at 2 p.m.

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Thanks, Chair.

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's EBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our board member, Thomas Holliman.

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