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Hearing video

ZBA Hearing - December 15, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20214h 39m

Mr. Mulvihill?

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I'm not sure I fully understand the question.

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The question is whether the fence will be on or about the property line?

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So your client's property, 1213 Ellsworth, is street to street?

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Yes.

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My client owns 1215 Ellsworth and 1214 Peters.

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I just want to make sure that I'm not sure where the property line between my client's

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Peter Street lot and the Ellsworth Street lot, just that the fence along the common

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property line between both of my client's properties and your client's properties is

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Both of my client's properties and your client's properties is the six-foot height.

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the six foot height.

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Yes, that's correct.

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Yes, that's correct.

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My understanding is your client has already erected a fence on their side of the property

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line that is six feet tall.

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That's correct.

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Any fence that we would erect would be, of course, along the property line.

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And my client's in support of the request that the neighbor is seeking.

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Great.

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Thank you.

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Planning Commission.

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Good morning, Mr. Chair.

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Ian Hegarty for the Philadelphia City Planning Commission.

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that's h-e-g-a-r-t-y you swear affirm to tell the truth the whole truth and nothing but the truth

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yes sir i do members of the board the comprehensive plan recommends no change to the existing

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residential single family zoning at this location as you've seen this is a proposed legalization of

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an existing fence and the proposed direction of a side yard fence the rear yard is also considered

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a front yard for zoning purposes here which is why it's been refused at the department of licenses

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and inspections on this through lot we recommend that the board grant the variance with the proviso

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as described by council for the applicant side yard fence not to exceed six feet in height

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thank you MI 2021 003065 I vote yes with proviso

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my vote is yes with proviso james bell yes with proviso thomas holliman yes with proviso

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thank you thank you members of the board have a good day you too number two mi 2020

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20-002-495, 1652 North 2nd Street, RCO, South Kensington Community Partners have a letter

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of support.

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Mr. Yuxel.

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Chair, he's coming back in his pay list now.

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Sure.

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um mr chair this is tanya the board administrator if i could make a statement if that's allowable

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um please for the attendees to be mindful that we will be working on each case individually

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should you have a question about a different case please do not interrupt the proceedings

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you can send your question in the q a and we will answer it thank you very kindly mr chair

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thank you thank you tanya

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mr yuxel

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sir may you please unmute yourself

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hey good morning

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Could you state your name and spell it for the court reporter?

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My name is V-A-R-O-L Varol, last name is Y-U-K-S-E-L.

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

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Yes.

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Our Vice Chair has several questions for you.

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okay good morning sir have you emailed the exhibit packet with all of the required

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documents which would be proof of ownership tax compliance refusal or referral photos and

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plans of your property and i do see that um there is a letter of support from the rco

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um i'm his son just because his english isn't too well um should i say my name as well or

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uh yes say your name right uh sadhat you said s-e-r-h-a-t-y-u-k-s-e-l

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um let me say this much do you swear a firm to tell the truth the whole truth and nothing but

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the truth yes okay were all of the required documents sent in the deed tax compliance

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yeah um i did send them all in um prior like we've been continued a few times

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i'm sorry i'm sorry this is tanya may i interrupt madam vice chair

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do you need an interpreter um i can interpret for him but if you guys would prefer to have

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your own interpreter. So typically you have to make that a request ahead of time for an interpreter.

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Ms. Saleta, legally what is your stance on him interpreting? Okay there are to my understanding

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two people on the deed. Are you one of the people on the deed?

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Are you one of the people on the deed?

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No, it's my father and the other is my mom.

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Are either of them able to present the case without an interpreter?

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i think maybe he could i mean i try i try how much i can his english is fine he can speak and

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understand i just don't know if he would like be able to explain all the um i don't know the legal

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stuff whatever the documents i don't know if you would be able to talk about that time okay we know

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that we did receive all the required documents we have a letter of support and you are asking

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for a special exception for a takeout restaurant in an existing structure is that correct yes okay

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um any i think if he is able to answer any questions from the board then we can go forward

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thank you thank you

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so so why don't we start wait tell tell us what what he wants to do what what you're going to do

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like i wanna i don't know what i have to do no no what do you want to do what is what do you

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want to do? It's been 60 years launching it. I'm gonna keep now it's still same to sell the breakfast

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and lunch here. I'm working. I've been cooking. I've been working too long 1990 and I've been

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cooking. I want to serve the breakfast food and lunch here.

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And you would like to add takeout service as well to your luncheonette, is that correct?

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Yes. Thank you.

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Okay. Would there be a takeout window?

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Thank you.

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Okay.

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Questions from the board?

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No.

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No.

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Questions from the virtual audience?

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Chair, we have Sloan Fulks with his hand up.

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Okay.

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Mr. Fulks, you can unmute yourself and wait for the chair.

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Good morning again, Chairman Bergman and ZBA board.

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Mr. Folks, you've already been sworn.

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Thank you, sir.

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Sloan Folks, Office of Councilman Maria Canina Sanchez.

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The applicant, having received a letter of support from the coordinating RCO South Kensington Community Partnership,

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the Councilwoman has no opposition to this variance request.

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Thank you very much.

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Thank you very much.

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Any other comments from the audience?

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There are no other hands at this time, Chair.

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planning commission thank you chair bergman ian hegarty for the philadelphia city planning

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commission uh in 2016 the zoning map was amended in this area in accord with recommendations from

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the comprehensive plan this proposed special exception will not cause detrimental impacts to

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the neighborhood beyond what might normally be expected from the use and so the city planning

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commission recommends that the board grant the special exception. MI 2020 002495 1652 North

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2nd street I vote yes. My vote is yes. James Snell my vote is yes. Thomas Holliman my vote is yes.

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Thank you very much for coming in sir. Thank you thank you sir.

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Number three, MI 2021, 00717, 2135 to 37 South 17th Street.

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Mr. Dufino is the attorney.

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The RCO Broad Street West RCO has a letter of non-opposition.

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Chair, Mr. Dufino is coming back in as a panelist now.

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Thank you.

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Mr. Hello Mr. Tofino could you state your name and

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Mr. Tufino, could you state your name and spell it for the court reporter, please?

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Yes. How are you, Chairman Bergman?

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Vince Tufino, it's V-I-N-C-E-N-T, Vincent, and then Tufino, D-E, capital F, as in Frank, I-N-O.

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Do you swear a firm that tells the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Okay. Our vice chair has a few questions for you. Vice chair.

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Hi, Mr. Dufano. Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Okay. Have you emailed the exhibit packet with all the required documents?

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Yes, I did.

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And we do have, as I think the chair said, a letter of non-opposition. So you may proceed.

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Yes. How are you, chairman? Happy holidays, everyone.

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This property is 213537 South 17th Street.

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It's in South Philadelphia, of course, between Jackson Street and Pashunk Avenue on 17th Street.

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And you guys can see the exhibits that I have up, hopefully.

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Okay.

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This is the front.

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front you see the pictures the front of the plate building okay yeah so this is the front of the

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building um back in the 1970s 80s and 90s it was a funeral power um just south of padishonk avenue

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north of jackson street where there was a famous restaurant there royal villa restaurant if anybody

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knows the neighborhood back but uh this was a funeral power and then in the 1990s late 1990s

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became a daycare center and was a daycare center up until about 2017 so it was always a daycare

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center and then the the proprietor that had it ahead of time uh basically abandoned the use

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And my client, Shakira Barrett, wants to reopen it as a daycare center.

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She has met with the neighborhood, and they're all on board with it.

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And the property is basically a 32 by 62 lot size.

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And the building is a 32 by 52 building.

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And it's a nice, clean building.

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and my client has 10 years experience in the business of child care she has a master's in

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early childhood from 2017 and she has a certification in education so she has all

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the qualifications that you need letter of non-opposition nobody was in opposition of it

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because it's been in the neighborhood for 20 years.

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Tax clearance here, deed and lease here.

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So, I mean, basically that's everything.

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If you have any questions, I'll be glad to answer them.

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Mr. DeFito, would you want to have your client adopt the testimony?

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I start, yes.

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She's available.

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She cares about it, is available.

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She can raise her hand now and join us.

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Ms. Barrett, you can unmute yourself and wait for the chair.

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Hello.

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Hi. Could you state your name and spell it for the court reporter?

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My name is Shakira Barrett. It's spelled S-H-A-K, two E's as in Ed, R as in Ray, A as in Apple, H as in Henry, and it's Barrett, B-A-R-R-E-T-T.

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You swear a firm that tell the truth, the whole truth, and nothing but the truth?

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yes okay thank you hi Shakira how are you I'm great you heard my testimony today yes

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you believe my testimony to be accurate and correct is that correct yes would you adopt

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it as your own yes okay thank you thank you questions from the board yes sir no

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okay other other comments from the virtual audience here we have franz pierre mr pierre

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you can unmute yourself and wait for the chair

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could you state your name and spell it for the court reporter sir

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hello that's franz pierre that's f-r-a-n-t-z last name pierre that's p-i-e-r-r-e council member

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johnson's office all right do you swear or affirm to tell the truth the whole truth and nothing but

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

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the truth i certainly

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i certainly do thank you thank you good morning mr chairman and fellow board members uh council

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member johnson office uh joins the community as well as the rco the non-opposition to the appeal

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thank you very much sir any other comments from the audience

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i see no other hands here planning commission

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Good morning. Thank you, Chair Bergman, Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, the comprehensive plan recommends no change to the existing residential

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single-family zoning at this location. However, as Council has demonstrated, the proposed use is

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consistent with documented prior uses on this property, and so the City Planning Commission

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recommends that the board grant the variance. MI 2021 00717 2135 to 37 South 17th Street I vote yes.

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Carol Tenere my vote is yes. James Snell my vote is yes. Thomas Holloman my vote is yes.

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Thank you. Thank you very much everybody have a great holiday. Thank you. You too Vince.

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number eight mi 2021 003094 2351 to 53 north reese street rco was scheduled to meet 12-7

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letter not yet received from the fishtown neighbors association

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uh vice chair would you would you or we love the client gets home where the council

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Darlene Threatt here Ms. Three is coming back in as a panelist now thank you

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would you state your name and spell it for the court reporter please

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Can you hear me, Commissioner?

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Yeah, I hear you now.

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Could you state your name and spell for the court reporter?

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Thank you.

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My name is Darlene, D-A-R-L-E-N-E, last name D-H-R-E-A-T-T.

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Thank you.

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

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Yes, I do, Commissioner.

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All right.

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The vice chair has a few questions for you.

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Hi.

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Good morning.

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Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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Yes, ma'am.

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have you sent in the exhibit packet with all of the required documents?

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