civus
Hearing video

ZBA Hearing - March 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 13, 20246h 7m

Thank you.

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Would you like me to stay on camera or off?

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It's up to you, Ms. Deweyra.

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Okay.

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Thank you.

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You're welcome.

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Okay, Chair, we have 46 attendees.

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You can proceed as you wish.

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Morning, everyone.

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

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I want to tell everyone we're sorry we're starting a little later, but we have some unfortunate issues arise.

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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 Holloman.

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Present, Mr. Chairman.

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And our board member, James Snow, will be joining us for.

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

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Here's our virtual format.

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The advice of proceedings are being recorded.

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The video will be available by contacting TanyaSunket at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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

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

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

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

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All comments should be directed to our executive director, Tanya Sunken.

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Let's look at our schedule for today. I have a few cases that are going to be continued. Number three, MI 2023-005-998-1813 East Somerset Street. Delbis Tavares is the applicant. We do not have all the exhibits. Is Delbis in the audience?

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good morning chair this is Nadia I'll be your co-host today we have a

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dots design with their hand up okay they have been allowed to speak

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good morning could you state your name please hi this is David Tavares good morning could you spell

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your name for the court sonographer d-e-l-b-i-s t-a-b-e-r-a-s right do you swear a firm to tell

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the truth the whole truth and nothing but the truth yes sir we're missing several uh items in

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your package okay we also believe uh that this is an llc that applied yeah with the applicant we are

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the applicant all right so uh you need an attorney to represent you when you're an llc

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oh okay this is my i mean that's okay that's okay so we're going to wind up continuing your case

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but you're going to need an attorney and also the rest of your documents have to be turned in okay

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i tried to send the photos but i think in one of the savings was the photos exterior interior

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photos right yeah we need photos too and the d i think it is yeah okay tax compliance too

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and proof of posting okay okay so why don't you do this call the office and they'll explain to

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you everything you need to have okay okay so number three mi 2023 005 998 1813 east somerset street

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This case is continued. Number four, MI 2023, 006253, 2848 South Tall Street. That case is continued. Number nine, MI 2023, 006038, 615 Alberger Street. That case is continued.

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And number 12, MI 2023-005-977-5310 Haverford Avenue, that case is also continued.

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Is there anyone in the virtual audience who has comments relative to the cases that have been continued?

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I see no hands.

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Are there any other requests for continuance?

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uh we have dots design with their hands up and a gazelle wilkins

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well dot design we've already handled them they've been informed

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Well, Dr. Zayn, we've already handled them.

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They've been reformed.

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Please give me the other person.

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Giselle Wilkins has been allowed to speak.

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Yes.

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Good morning.

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Can you hear me?

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

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Giselle Wilkins, G-I-S-E-L-L-E-W-I-L-K-I-N-S.

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

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Yes.

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What case are you calling about?

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5310 Haberford Avenue.

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Let's see here.

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You said number 12.

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Yeah, that case is continued.

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So this is my first time.

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When you say continue, what does that mean?

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Are you the applicant or just a neighbor?

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A neighbor.

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So what's going to happen is there'll be another date set for this hearing, and you'll be notified, okay?

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I appreciate that.

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Thank you very much.

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Great.

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Is there anyone else in the audience?

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No hands.

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We have several cases that we do not have exhibits.

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Number one, MI 2023, 005-982-6233 Chelwin Avenue.

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Prince Dennis is the listed applicant.

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We have no exhibits.

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This is the first listing.

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Chair, we have Ivan Ferreira and Craig Melodosa.

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Ivan has been allowed to speak.

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Okay.

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good morning sir could you please state your name and spell for the court sonographer

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yes my name is ivorne ferreira like i-v um i-v-i-n-e ferreira f-e-r-r-e-i-r-a

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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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Sir, are you involved in this case?

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I am the interpreter on this case.

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I'm here to facilitate communication.

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My name is Amanda Miranda.

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No, no, but is he involved in this case?

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He is the owner of the residence in question, yes.

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Okay.

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First of all, we have to have an interpreter for him.

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This is the first listing.

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There's been no RCL meeting.

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This case is going to be continued.

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It's been continued like three times already.

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We've attended this meeting three times before.

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Are you the owner too, ma'am?

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I am the interpreter.

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Yeah.

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Are we still talking about, I was going to say, are we still talking about 6233 Shellwind Avenue?

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No.

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Yeah, ma'am, that's the case I called.

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Oh, no, it's 2908 Cornwall Street.

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No, we're on Cheltenham Avenue.

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Oh, okay.

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I just wanted to make sure that we were going to be heard because, like I said, this is the fourth time we're attending the hearing.

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When we get to that case, I will make sure.

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Mr. Chair, let me get this clarification on that.

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So, you know, the property owner in that case is represented by Mr. Sherman Toppin.

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That case has already been heard and will be voted this afternoon on the 2 p.m. list.

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Do we need to attend this meeting for that?

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You can if you'd like, but there's no testimony or anything being taken.

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The only thing that is occurring is that the board is voting on the matter.

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I'm going to interpret that.

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well is it yeah you can explain that to to him but if somebody needs an interpreter we have to

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have an official interpreter um for that you know from this for this that the city provides

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um so you you're entitled to you know interpret for the property owner but if if he wants to

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participate in proceedings going forward then we need a request for an interpreter so that we can

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provide one does that make sense yes but for the voting we don't you guys can go ahead with the

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voting right right exactly there's no there's no additional participation from any of the parties

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in the voting it's just the board voting okay should we just leave the meeting now then yes

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because we're not going to vote till 2 p.m

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craig maladosa has been allowed to speak

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Hi, Craig. Please state your name and spell for the court stenographer.

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Craig, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.

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Right. Do you swear a friend to tell the truth, told truth, nothing but the truth?

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I do.

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Are you involved in Shellwood Avenue, sir?

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Yes, Chair, 6233 Shellwood.

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And we had sent out a request to both the applicants.

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We had sent out a request to both the applicant and Council President Johnson's office yesterday, a request for continuance.

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We've had no communications with the applicant or received a template to notice.

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All right. I'm going to call his name again, and then we're going to wind up continuing this.

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Prince Dennis, Amazing Heights, LLC.

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No hands, Chair.

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Thank you.

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So MI 2023-005-982-6233 Chelwin Avenue, cases continued, marked must be heard.

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Number eight, MI 2023-005-975-2000 East Cambria Street.

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Augustina Marina is the listed applicant, and Debra Prez is the listed owner.

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No exhibits.

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This is the first listing.

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I see no hands.

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Thank you.

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So MI 2023-005-975-2000 East Cambria Street.

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Case is continued.

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Mark must be heard.

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And number 10, MI-2023-005-986-7250 Woodland Avenue. Charles Nana, a two, is the applicant, and Arcu Martin is the listed owner. No exhibits, first listing.

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We have Craig Melodosian with their hand up again. They have been allowed to speak.

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Craig, you've already been sworn.

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Just mention, state your name for the record.

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Craig Melodosian.

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Please proceed.

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This is a similar situation.

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We sent out a request to Council President Johnson's office, as well as the email address we have for the applicant,

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suggesting that there be a continuance since we received no template team notice, no meeting with them.

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uh it was also an issue uh with this and the last application they were both for assembly and

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entertainment uh and the uh ellen i had treated them uh two different ways so we wanted to seek

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direction from board council as well as to send them back to their plans examiner to get a

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clarification as to what was the referral and which was the refusal since they appeared to be

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exactly the same. Thank you. Let me see if I can. So, Charles, Nana, a two, or our coup, Martin?

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No hands, Chair. So, MI 2023-005-986-7250 Woodland Avenue. Cases continued. Mark must be heard.

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We have three add-on cases that we're going to hear at the end of the hearing.

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We're going to go to our regular list and start with number seven.

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MI 2023-005-923-3603 Spring Garden Street.

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Van Vu and Lu Vu are the owner applicants.

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The application is for use as a visitor accommodation in an existing structure.

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The proposed use visitor accommodation is prohibited in the RM1 zoning district.

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Mr. Vu.

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good morning sir i'm present hi could you state your name and spell please for the court stenographer

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boule spell v-u-l-e okay do you swear or firm to tell the truth the whole truth and nothing

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but the truth i do our vice chair has a few questions

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good morning sir have you emailed then all the required documents and exhibits that is needed

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to proceed with this case five days in advance of the hearing thank you please proceed and share

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your screen and i will also uh state there's a recommendation of support from the mantua

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civic association please proceed thank you i'm going to set a screen

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mr chair did you read the refusal into the record i did okay thank you

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Hi. Good morning. And I want to thank you again, Mr. Chairman, the ZBA board for allowing

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us an opportunity to present our proposal. My name is Vu Le. My wife and I own this property

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since 2017. At that time, our family just moved here from Boston and we decided to put

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At that time, our family just moved here from Boston, and we decided to put together our life savings to purchase this home so it can be close to my work.

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My wife just had the second baby, so we needed a supplemental income to support our family, and that's when we came across Airbnb platform.

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So today I would like to share how we have operated our short-term rentals in the past seven years and hope that the ZBA and the city would give us positive considerations.

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Since we were new to Airbnb, my son was just in kindergarten at the time.

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We wanted to be selective of whom we would welcome into our home.

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In our listing description, we do not shy away from emphasizing that our play is preferentially

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offered to those who are young professionals and who are in medical and academic fields,

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traveling for related purposes.

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And by doing so, we have essentially turned away the bad apples who were just looking

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for a cheap place to crash and cause disturbances through the neighborhood.

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And this has been our core business model since 2017.

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Later on, I'm going to share with you our services and amenities and details, but let

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me first show you whom we have served in the past seven years.

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So we're located near the corner of 36th and Spring Garden.

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So we're just about five minutes away from Presbyterian Hospital, 10, 15 minutes away

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from Drexel, as well as 25 minutes away from the University of Pennsylvania, Penn Medicine

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Hospital and Children's Hospital.

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Our guests come for academic reasons, such as lab visits, attending conferences, attending

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classes.

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But the majority of our customers are in the medical field as they are either nurses or

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