civus
Hearing video

ZBA Hearing - January 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 31, 20244h 17m

have emailed in all the required documents and exhibits that's needed and required to proceed

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with this case five days in advance of this hearing yes i believe we sent a required lease

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extension to the board attorney about a half hour ago but otherwise i think everything's

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been in your possession for five days thank you please proceed and share your screen okay

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all right this is 319 north 11th street this is the vox populi building uh again a building full

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of artists and makers and that sort of thing my client today is miss carrie burke the uh she's

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an artist, a body artist, who is seeking approval to use this space that she's renting in the

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building for tattooing and body art. Similar to my last case, we've got a referral. Suite 4N

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of the Vox Populi building is zoned IRMX, so same zoning, also a special exception to approve

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of Body Art Services. We went in front of the Callow Hill Neighborhood Association in December

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and they voted unanimously to support the granting of the special exception

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and to welcome Carrie into their neighborhood. Additionally, in my packet I've included photos

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and plans of the space a site plan showing her um the interior and sort of the layout of her

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workstations and everything like that as well as the other required documents tax clearance

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certificate as well as some examples of miss burke's work and her sublease agreement and as

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mentioned. We updated

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the master lease, which

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had expired earlier today

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to just show that

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Carrie as a subtenant was

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approved to do so.

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That's it.

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With that, I'll call Carrie

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Burke to raise her virtual hand.

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Carrie Burke is allowed to speak.

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Could you please state your name

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and spell for the court sonographer?

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Sure.

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Carrie Burke, K-E-R-R-Y, B-U-R-K-E.

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

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Yes.

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Please proceed, counsel.

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Good afternoon, Carrie.

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Did you hear my testimony just now regarding your proposed space at 319 North 11th?

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Yes, I did.

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Do you adopt it as your own?

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I do.

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Thank you.

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Nothing further, board.

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Questions from the board?

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No, chair.

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no chair questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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no hands chair planning commission

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good afternoon chair peter bernard for the planning commission

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the existing irmx zoning at this location was updated in 2015 as part of a neighborhood

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remapping we feel there would be no adverse impact from the proposed use accordingly the

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planning commission recommends the board grant the variance thank you my 2023-006-246-319

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north 11th street i vote yes thomas holliman my vote is yes james snell my vote is yes

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you.

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Number 13, MI 2023, 006249, 641 North 33rd Street.

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Alan Nockmson is listed as the attorney.

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Recommendation of support from the Manchua Civic Association.

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Alan Nackamson has been promoted here.

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Okay.

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Hi, Mr. Nockamson. You've already been sworn today. Could you just state your name for the record?

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Alan Nockamson.

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And could you identify your client, a relationship to this property?

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Yes. Lie, Penn, U-City, LLC, and the virtual audience is Simon Lie.

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And just out of curiosity, is this for both units?

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i'm sorry say one more time mr chair is is this for the whole building both units yes for the

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whole whole building that is correct so yeah so i actually asked miss emerson this question we've

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our office asked miss emerson this question before before we've done provisos where we have the

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multi-unit building where we ask for provide and when so our client submits this they just

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to admit it for visitor accommodations, but we usually do a proviso two units, visitor

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accommodation. By my understanding from Ms. Emerson, that's not necessary, but I defer

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to the board. Okay. That's correct, Mr. Nockerman, that is necessary. It just wasn't clear from

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this case if it was the whole building or it was like an owner-occupied building and they

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were just requesting it for one of the units. I think that's where the chair's question came

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FROM. THANK YOU. OUR VICE CHAIR HAS A FEW QUESTIONS, SIR. COUNCIL, DO YOU AGREE TO READ THE REFUSAL OR STIPULATE TO HIS ACCURITY?

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YES, WE DO. HAVE YOU EMAILED IN ALL THE REQUIRED DOCUMENTS AND EXHIBITS THAT'S NEEDED

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TO PROCEED WITH THIS CASE FIVE DAYS IN ADVANCE OF THIS HEARING? YES, WE HAVE.

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THANK YOU. PLEASE PROCEED AND SHARE YOUR SCREEN. THANKS.

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all right so this is a pretty straightforward uh project i would say hopefully easier than

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the morning session uh 641 north 33rd street um airbnb you know we're at the corner 33rd

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and wallace um we have unanimous support from the community in mantua um and we have a a good

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property owner here. Not that anyone was bad in the morning session, but I think this is a very

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straightforward project. So we're going to review the notice of refusal, the letter of support from

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the Manitua Civic Association, the nearby Airbnb listings. Again, what we're offering is not out

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of character in this portion of Manitua. The host profiles showing that my client has good reviews

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for what he's done, you know, prior to the change in law. Maps of the area, photographs of the

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property, interior photographs, which we simply got off of their BB website, simple floor plans,

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our RCO meeting notice, along with proof of mailing of that notice, our application for

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appeal that we filed on behalf of our client, the deed to the property showing their ownership in

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the property, and the certificate of tax clearance. Again, at the conclusion of my presentation,

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I would ask that Mr. Lai virtually raise his hand, get sworn in, and I'll have a few questions for

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Notice refusal.

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So this is an RMO property.

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There are two units in there, and we're looking to use both units for visitor accommodations.

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Because of the zoning classification, we have this refusal.

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Letter of support, unanimous support from the Manitoba Civic Association.

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Well, five people in support, three people in non-opposition, and two people abstain.

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I would assume I was one of them.

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But we have eight people that attended this meeting.

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all in support or in non-opposition to this project.

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And then nearby Airbnb listings,

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as you can see where we are at the corner of 33rd and Wallace.

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There's a number of Airbnbs nearby.

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And I think that this mixes well

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within this portion of the community.

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Host profile, we just pulled this from Airbnb.

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Very good reviews, very pretty interiors.

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And then maps of the area.

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This is a multifamily section of Mantua, and that's where you see all that orange there.

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And then you'll see from a Google Maps perspective, we're not that far off of 76.

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And then photographs of the property, you know, from different angles, from 33rd Street, from Wallace.

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There's an entrance for each unit separately, one on Wallace for one unit, one on 33rd Street for the other unit.

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And then here's our orange, you know, posters that we posted three weeks before today's hearing and proof of that.

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And then here's 33rd Street from different angles, Wallace Street from different angles.

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And then our interior photos, pretty straightforward and basic, but clean and well-maintained.

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And then just their simple floor plans. Like I said, one unit, you know, unit A is the first floor and we'll.

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One unit, you know, unit A is the first floor and lower level has one entrance.

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The second unit has a separate entrance, you know, on Wallace Street, and that's the second and third floors.

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Meeting notice, we met with the community on January 18th at 5 p.m.

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Proof of email to the community meeting, coordinating the RCO and the other RCOs.

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Proof of mailing will be coming up, but we've mailed it to 105 addresses.

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Proof of mailing to those addresses, our application for appeal that we file on behalf of our client,

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along with the notice of refusal and the project information form, our deed to the property, and our certificate of tax clearance.

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The only reason why there's a balance, again, taxes are not due until the conclusion of the first quarter of this year.

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I would ask that Mr. Lai virtually raise his hand and be sworn in.

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Do we see his hand?

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Yes, he's been allowed to speak here.

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Okay.

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

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Yes, it's Simon Lee.

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It's S-I-M-O-N-L-I.

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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 please proceed counsel oh yes mr lee uh you heard everything i had to state today

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about your zoning matter correct and is it true and correct yes and do you adopt as your own

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testimony yes thank you questions from the board no mr chairman no chair questions or comments

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from our attorney hillary emerson not at this time mr chair questions or comments from the virtual

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audience no hands chair planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the existing rm1 multi-family zoning at this

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location we feel the applicant has failed to demonstrate any hardship as the housing units

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could be rented out on a long-term basis accordingly the planning commission recommends

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the board denies the variance. Thank you. MI 2023-006-249-641 North 33rd Street. I vote yes

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with proviso. Temporary variance expires 1-31-27. Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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My vote is just with proviso.

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Thank you.

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Thank you, counsel.

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Okay, here we go.

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Number 15, MI 2023-003-510-2809-13 Master Street, Darwin Beauvais is the attorney, there's

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an email from the coordinating rco brewery town chargewood community civic association

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it's a position of non-opposition nine in support seven in opposition three abstentions

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and then there's a a note that there are several neighbors who have complained

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Darwin Beauvais has been promoted.

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Good afternoon, Mr. Beauvais.

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

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Sure.

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First name Darwin, D-A-R-W-I-N.

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Last name Beauvais, B-E-A-U-V, as in victory, A-I-S, as in Sam.

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With the law firm of Obermeyer, located at 1500 Market Street.

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You swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do. Could you identify your client, the relationship to this property?

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My client is Axe Transitional Services, and the director, pastor, is Reverend Janine Gant.

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Our vice chair has several questions for you.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Then all the recorded documents and exhibits that is needed to proceed with these five days

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in advance of this hearing. I have. Thank you, council. Please proceed and share your screen.

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Yes.

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On my screen.

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Thank you.

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are you able to see we can okay okay mr chairman

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and members of the board. Before you, it is an application to expand an existing woman's shelter

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in an RM1 zoning district located in a brewery town, Sharpswood section of the city. Specifically,

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our application is to allow ACTS Christian Transitional Services to use its basement

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for temporary overflow of shelter services in its main facility. Like I mentioned before,

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I have with me Ms. Reverend Gant, the owner and spiritual leader for the program and senior pastor of Acts the Apostle Church, which is the overarching entity that spearheaded this program.

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Now, by way of background, we've submitted to the board Exhibits 1 through 17, where we have our referral, our tax clearance deed, our appeal, photos, the memorandum of law, zoning history, as well as the support letters attached.

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So I just want to start with Exhibit 5, where we can just explain the background.

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could you shrink it down a little bit we can only see the top oh okay why is that

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a little better maybe even a little smaller

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all right let me just

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let me see if i could stop sharing and try it again

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i think you're in good shape now all right so just by way of the background acts began as a

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ministry of Acts of the Apostles Church in 1976 by opening its doors to abused women and children

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seeking refuge. The ministry grew into a full-fledged woman and children's program that

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provides multi-level base of holistic and comprehensive supportive services as they go

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through stressful time periods living in between homes. Acts provide services to women and their

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children and strives to improve the quality of life of each resident during these times. As such,

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AXE is part of a citywide network of homeless shelters that provides services through the

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city's Office of Homeless Services. AXE has been a gem in the city agency system in that they

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provide comfortable, safe, drug-free, and supportive environments for the individuals

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coming through. Now, since its inception, they served over 1 million meals to families

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in need by being a pioneer in the development of programming and collaboration with other

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supportive service agencies. Some of those agencies or some of the collaborations that

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they're known for is that they've actually assisted the school district in their fight

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for a homeless student initiative. They've also worked with PHMC's Healthcare for the Homeless

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Project, and they've worked with the Philadelphia Archdiocese in its Nutritional Development Project.

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Now, if I can just orient the board to this slide, let me see if I can bring it up. So,

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this is the campus this used to be owned by the archdiocese and just for identification purposes

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we let's call this building a which used to be the rectory building b which used to be the school

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for the that was part of the archdiocese which is where the subject of our our application is

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building C, which was administrative offices, and building D, which is the church. So A, B,

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C, D. And these designations are our actual true designation.

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