civus
Hearing video

ZBA Hearing - August 2, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 2, 20234h 35m

So we'll review the notice of refusal. We have the correspondence that we did receive from the Bridesburg Community Action Alliance.

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Obviously, then we'll comment at the conclusion of my presentation on this supplemental letter.

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my client made a concerted effort after retaining us which we were not retained for epic up until

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basically last week he he did not make any outreach to the community we asked him you know

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it sounded like from the letter that you know that the community members were in opposition to this

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project we you know he he then canvassed the neighborhood and was able to get a petition of

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almost the same amount of people who were allegedly against the project at the community

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meeting. In particular, I don't know how close the members of the community were at the community

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meeting, but the people that he sought are within the affected area, many of which are on this block

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in particular. So the people who are most detrimentally impacted or just impacted at all

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are ones who are now in support of this project. So I can't speak as to who attended that community

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meeting. I wasn't there either. In addition to the petition, he'll says letters to support. I don't

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know if they're duplicative, but we do have a map that we created of the individuals who signed

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whether the petition or letters to support. We have the Airbnb listing. Again, he's only had

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one listing so far, but if you read the listing itself and the commentary, he's kept it up really

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well. It's a really nice property, and we have interior photographs to show that as well.

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Then we have maps of the area. This is an RSA 5 property, and because of that, we're required

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under the current rules and regulations to seek this special governmental approval.

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But again, we're not increasing the density of the property.

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It's just a legal technicality.

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When you're renting to an individual for less than 30 days rather than more than 30 days,

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you're required to get this governmental approval.

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But the actual use itself is no more detrimental to the community.

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In actuality, having short-term visitor accommodation use is in a lot of ways better for the community because usually what happens is that people are visiting from out of town.

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They may have members, family members that live in Bridesburg that they just need additional accommodations.

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So a lot of times you don't have the parking situation that you would expect for long-term accommodations where people need parking.

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Regardless, we're near I-95, which is helpful for people who are using cars.

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And then my client actually took a picture recently to show that there is no issue with the parking situation regardless.

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But either way, the use is single-family use.

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We're not renting by the room.

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We're just renting one single-family home for single-family use, and they're using it for less than 30 days.

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Then we'll show you photographs of the exterior of the property as well as the interior of the

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property. Our simple floor plans, again, we haven't changed the exterior in any way. We haven't

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expanded it or deleted it, but we've done significant renovations inside the property.

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Again, in detrimental reliance, again, ignorantly, I would concede, unfortunately,

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that my client did not know that there are different rules and regulations regarding

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short-term use versus long-term use. This would be financially devastating if my client couldn't

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use it this way. He purchased the property based on being allowed to use it for short-term use.

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He made significant renovations based on short-term use. We would ask that the board grants,

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if they granted a variance, to have a temporary variance. I know that the board's more inclined

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to do three to five years. I understand the community opposition. I would ask for a shorter

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variance period to show his true worth to the board not a year because it almost takes a year

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nowadays to get in front of this board from the beginning of the process but like even just two

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years and after these two years if there's an issue trust me the board will know from the

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community and they'll have a more informed decision than just conceptually we're against this

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they're just against it because they're against it in a lot of ways so we would ask for a two-year

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temporary variance to show my client that he'll be doing the right thing. Then we have the RCO

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meeting notice. Again, we didn't submit that. So all we did was provide the notice, proof of

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mailing, certificate of mailing, our application for appeal, our deed to the property. Again,

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my client is not like this is, he purchased it in his own name. Just shows, again, he's

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you know not you know i i don't want to talk badly he's not not he's not sophisticated but

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this is his first venture in something like this and um he put his life savings into this and it

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would be really devastating uh the certificate of tax clearance as well he's you know he's a

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uh the certificate of tax clearance as well he's you know he's a good standing with the city with

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good standing with the city which regards his property

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regards to his property so our notice of refusal very simple visitor accommodations um you know he

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it.

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i know the city's cracking down we received an email from the city this past month that they're

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going to crack down but he didn't know like he honestly didn't know that these regulations have

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been on the books for some time um but you know it he would he was ill-informed or not not informed

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about this and trust me he would not have bought it and done the work that he did do if he did know

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about it and then the correspondence uh from the group so again it was a straight vote not much

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commentary um you know other than they're strongly against air bbs in the neighborhood again i you

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Whether it's Airbnb or not, it's the same type of use.

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And in a lot of the ways, again, someone who does Airbnb is more involved as a quote-unquote landlord when you're renting a room or, excuse me, a home.

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Even on a daily basis, you've got to go by that place every single day.

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You have to clean it up.

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You've got to dispose of trash.

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So in some ways, short-term accommodations for the neighborhood is better than long-term accommodations.

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We talked about the parking situation too.

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So I would like to, I'll take a look at that letter and comment about any other comments they may have.

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And then again, we had our client canvassed the neighborhood.

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There were 15 addresses other than ours in support of this project.

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And if you look, my client, and this is, I guess, I don't know what this is, but like really the focus was these, like this one area.

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and there's some here outliers, but like the people on this block are not against it. His

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neighbors are not against it. So again, I don't know who attended the community meeting, if there's

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a representative here, but we really do try to have our clients focus on the people who would

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be most impacted. And then here are the signatures along with their addresses and contact information,

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you know, so people can verify that. And then the letters as well, people who tend to sign the

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letters tend to give email addresses more than phone numbers. But a lot of addresses on Kennedy

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Street on our 100 block. And then the Airbnb listing. Again, you'll see from the photographs

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that we took off Airbnb, but this is their listing. He really put a lot of heart and effort

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into this and it'd just be a shame you know he did furnish it such that you know he would lose the

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you know the the um the value of of all of his furnishings um one can say he can do long-term

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accommodations but the amount of money he purchased the property for and the amount of

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renovate the cost of the renovations he would never be able to make that up and again he's

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hoping that this board would, you know, would hopefully agree to give him at least a two-year

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temporary appearance. And then maps of the area, we're not discounting the fact this is an RSA 5

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block, although there's ICMX above us, but we're not changing the character of the block. This is

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still going to be single-family use. And as you can see, we're right off of 95. Again, we're close

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to, I believe, some of that ICMX has to do with, you know, you have a self-storage facility and

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you have a lot of commercial as well nearby. And then this is the exterior of the property.

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And then, candidate to the right of the property. And as you can see, the parking situation is not

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horrible here. So, even if someone's going to use a car, whether it's single-family,

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whether it's long-term or short-term, there is adequate parking around here.

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Kennedy to the left of the property and then I wanted to take a I had my client take a more

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recent photo just to make sure that we're you know that what we're saying is correct

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and you can see the parking situation is actually pretty good on Kennedy Street

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and then this is the posting for of today's hearing and then these are the interior photos

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that you would see on Airbnb but he made significant renovations if you look up

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the L&I website or the Atlas, you would see that he did everything the right way by getting

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permits and things like that. And then our plans and drawings, again, nothing changed,

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but it's an open floor plan on the first floor, living room, dining room, kitchen, half bath,

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you go up and down, excuse me, go up a flight of steps, there are three bedrooms and one bath.

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no roof deck. There is a patio area in the back. This is the notice that he sent to the community.

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patio area in the back. This is the notice that he sent to the community. Proof of mailing of that

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notice. Our application for appeal along with the notice of refusal and project information form

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due to property. As you can see, he purchased it in his own name. So he's taking full ownership

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of this. He's not hiding behind an LLC. And then our certificate of tax clearance. With that being

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said, I would ask that Case virtually raise his hand. He can be sworn in, adopt my testimony

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as his own, and then I just would like just one minute to just review that letter.

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

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Case, Ben, can you please unmute yourself?

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Good morning.

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Chair, he's not unmuting. I do see his hand, and I have unmuted him, but he's not unmuting on his end.

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Sir?

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Case Ben, please unmute yourself.

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Okay. Counsel, you're an officer of the court. We'll gladly take your testimony.

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All right. Great.

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Do you want to read the letter?

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Why don't I go through the rest of it and I'll give you the final say with the letter, okay?

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Sure, thank you, Mr. Chair.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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Chair, we have the same name with the hand of Case Ben.

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It's here a second time.

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Do you want me to unmute that person?

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Sure, please.

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Case Ben, please unmute yourself and wait for the chair.

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all right could you state your name please and spell for the

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yes could you state your name and spell for the court stenographer

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yes sir kais ben abdel kader k-a-i-s ben b-e-n-a-b-d-e-l-k-a-d-e-r

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

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i do proceed counsel

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Oh, yes. Case, you heard everything I had to state today about your zoning matter.

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Yes.

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Is it true and correct what I stated?

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Yes.

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And do you adopt it as your own testament?

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Yes.

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Thank you.

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Is there anyone else in the virtual audience for comment?

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Chair, I see no hands at this time.

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Planning Commission.

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Thank you, Chair, and good morning.

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David Effecto with the City Planning Commission.

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

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this location.

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There is no unique physical condition or circumstance of this property that would prevent it from

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being used in conformance with the zoning code.

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The City Planning Commission recommends that the board deny the proposed use variance for

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visitor accommodations.

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Thank you.

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Mr. Nockamson?

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Yeah, so I read the letter.

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So I think, again, we do a lot of these variances, even for short-term accommodations.

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And what I hear over and over again is there's so many short-term accommodations throughout the city. And I think what is lost in that is that, especially when you're dealing with communities like Bridesburg or different parts of Philadelphia that are not center city or not center city oriented, like nearby, these communities need this additional short-term accommodations for families that live within these neighborhoods.

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So especially if you look at this block, the stock of housing is small.

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If you have family coming over, you have nowhere to go other than going to Center City, which is expensive and inconvenient.

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So I think that you're not going to have a ton of people who are going to rent short-term accommodations who are just randomly going to rent short-term accommodations.

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It's for people who are going to be living in Bridesburg for the benefit of their family members.

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And I think that's a market that I think it's actually family-oriented, which goes to their letter, like we're close in a family-oriented neighborhood and we want long-term accommodations.

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Well, I think this is going to help supplement, you know, and help out those members in that community who have people who visit there.

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So I think for that reason, it's a more unique circumstance.

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We're in Bridesburg and we're not center city and we're not trying to do it just for the sake of doing it.

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So we would ask that the board grant it with a temporary variance of two years.

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And by 2023, 000-892-2250 Kennedy Street, I vote yes with proviso.

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This is a temporary variance, expires 8-3-25.

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Thomas Holliman, my vote is yes with proviso.

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Thomas Holliman, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you, counsel.

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Thank you very much.

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See you later this afternoon.

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Right.

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Number 12, MI 2023, 000947, 1224 Pennock Street.

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Vern Anastasio is the attorney.

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letter of support from brewery town shardswood community civic association

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mr chair this is hillary um we received a late request for continuance um from a neighbor

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ashley rivera um based on how the property was posted so i just want to address um that issue

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first for the record and the board can decide whether or not to proceed so it does appear that

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miss Rivera is here okay so um she can raise her hand let me let me swear counseling first

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could you state your name please and spell for the court stenographer yes Mr. Chair Verne

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Anastasio A-N-A-S-T-A-S-I-O 2016 Spruce Philadelphia 19103 and I represent Mr. George

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ship. Right. Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?

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I do. And what's the name of the person who sent the letter?

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Ashley Rivera is already unmuted. She just has to unmute herself.

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

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Good morning. My name is Ashley Rivera, R-I-V as in Victor, E-R-A.

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Right. Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir, I do.

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Could you state your reason why this should be continued?

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Yes. So the properties at issue are 1224 and 1226 Pennock Street. The applicant has a sign

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regarding this hearing posted on the West Stiles Street side of 1226 Pennock Street,

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but there is no sign whatsoever posted on Pennock Street itself. And it is true that there was an

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RCO meeting and neighbors did attend that. But at that meeting, there was also an adjacent property

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and nearby like within viewing distance project that was also considered and the applicant for

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that project did comply with all of the required notice requirements. So whether or not, you know,

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