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Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

M-O-S-H-E-M-E-I-S-E-L-S

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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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Proceed, counsel.

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Yeah. Mr. Mizell, have you heard my testimony? And is it true and correct at best of your knowledge, information, and belief?

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And having been swearing, do you adopt it as your testimony as well?

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Yes.

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Thank you.

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Questions from the board?

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No, Chair.

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Chair.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Mr. Chair, this is Hillary. I want to interject with a suggestion.

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It appears that there was supposed to be a corrected refusal issued in this matter,

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but it doesn't appear that one was. So I think we should hold this and just ask Ellen and I

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to issue that corrected refusal so that we have that for the record before we vote on the case.

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Okay, sure, but we still want to have planning take a position.

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Yes, we'll still have planning taken position.

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Okay, great.

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And there's no, we can't stamp plans, Mr. Perry.

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This is a change in use application.

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There's no plans review.

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So this is a change in use application.

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There is no plans review.

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So we can't stamp plans where Al and I would not have reviewed them.

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Hillary, I just note that we're not changing the use.

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The original plan mistakenly was interpreted as having a bi-level, but it's the exact same use.

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one apartment and one commercial we just noted that the one apartment was entirely on the second

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floor and we submitted that correctly plan right well it's my understanding that the change of use

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is with the commercial space it's not that that particular use commercial use is different than

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what it was previously so that's why you have the change in use application i don't know what

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commercial change is okay so well i will i will request l and i i will request l and i issue a

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We're not going to vote today.

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Is there anyone in the virtual audience who has comments?

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Chair, we have Roberta Lighty.

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Ms. Lighty, please unmute yourself and wait for the chair.

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Hi, could you state your name, please, and spell for the court reporter?

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Roberta, R-O-B-E-R-T-A, Lighty, L-I-G-H-T-Y.

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

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Yes.

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Are you a neighbor?

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Yes.

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Okay, proceed.

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Yes. I didn't know what the confusion was about the property because to my knowledge, it has always been a commercial space.

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Could someone clear that up for me?

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I don't know what it means when it says a change of use application.

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Mr. Church, let me jump in.

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So having something with a commercial use, a commercial use has a lot of different definitions under the code.

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So I'm not sure what the prior commercial use was on this property, but it either if it was personal services, it was abandoned or it was something else, which is.

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Either if it was personal services, it was abandoned, or it was something else, which is why a new zoning application is needed in order for the personal services use to happen at this location.

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Oh, okay. I see. Okay, and I also wanted to state for the record that I am a board member of the East Parkside Residence Association.

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So that's why I need a clarification.

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Thank you very much.

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You're welcome.

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Anyone else in the first audience?

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There, I see.

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I see no other hands at this time.

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Nobody's going there but me.

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This is how they...

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Planning Commission.

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This is Ryan Bednar, City Planning.

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While this property is currently indicated for residential use on the city plan,

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we have no objection to the granting appearance.

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Thank you.

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We're going to hold the vote, Mr. Perry,

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until we get the appropriate

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plan from L&I

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and then we'll bring it away.

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Do you want to give us a date, Hillary?

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We don't need a date, Mr. Chair.

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I'll reach out to L&I right away

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and hopefully we can have this, if we don't have it

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voted next week, maybe the week after, but we

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don't need to set a date. As soon as we get the

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refusal, we'll put it on the add-on list.

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Okay, Mr. Perry? Thank you very much.

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All right, thank you. Is there anyone

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who's

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Occasional, the 3.30 list was not cool.

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I see no hands at this time, Chair.

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Thanks, everybody.

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We've done a little later today, but I appreciate what everybody did.

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A lot of work done.

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A lot of work done.

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Thank you.

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Thank you.

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Good night, all.

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Good night, all.

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Great job, everyone.

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All right.

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