civus
Hearing video

ZBA Hearing - May 3, 2023

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

Thank you.

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Questions from the board?

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No, Chair.

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Yes, Mr. Chairman. In my opinion, Mr. Chairman, six units would be an overuse of the size of this lot. Thank you.

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Anyone else from the board?

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No, Chair.

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Questions or comments from the virtual audience?

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Chair, we have Melvin Sharp. Mr. Sharp, please unmute yourself and wait for the chair.

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Excuse me, Mr. Chair, this is Hillary. I just had a quick question for Mr. Anastasio. You referenced that there were revised plans. Are there only changes to the floor plans?

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or that's it no just interior floor plans to show the uh the hallway trash rooms so each of the

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units can access them we wanted to make sure that there was a trash plan in place here okay so the

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board would not if the board grants stamp uh floor plans because we because those can change during

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the building permit process um so we we will they would not need to be um revised plans in this case

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if uh grants thank you yep and thank and just for the for the record um each of these units is in

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excess of 500 sometimes over 600 square feet so to have fewer units uh we would just be having

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three-bedroom apartments which uh you know i think would attract students and you know more

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students and i think we want to keep that down uh and i believe the folks at the community level

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understood that they don't want three-bedroom units either so let's see the who's who's called

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They don't want three-bedroom units either.

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So let's see who's calling in.

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

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My name is Melvin Shark.

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Can you hear me?

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I can.

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Could you spell your name for the court reporter, please?

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M-E-L-V-I-N-S-H-A-R-P-E.

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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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Do you live in the area?

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No.

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Proceed then.

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I'm the agent for Jacob Adams, who is the owner of the property next door, 1402-1404 West Oxford Street.

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That is Barber's Hall, an active operating establishment.

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The Barber's Hall is the last remaining establishment around that way of African-American ownership.

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this particular first of all this was not posted until may 1st 2023 mr adams is outside of that

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property every day at his business establishment he said it appeared on may 1st 2023 second of all

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list the owner of the robert hassan mr hassan has sold the property to some temple something llc

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temple apartments llc or whatever that's the proper owner so i don't know why mr hassan is

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still on the application third of all the use is a the property is a light industrial facility it

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was a auto parts and auto mechanic shop for many many years it's been vacant for over 10 years

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it still has um underground gas tanks in that facility so there's some industrial issues and

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some some environmental issues that are not being addressed uh they've never been addressed

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Mr. Anastasio kind of presents it as, oh, it's just another thing, but it's not.

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That is in the middle of Temple University, and that is on the corner of a very busy intersection.

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It doesn't seem to be enough tension in application to all of the needs that will be required to operate a business at that property.

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And with all due respect to Mr. Lau and whoever, Mr. Jacob Adams has been there for over 40 years at Barbers Hall.

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and the entrance i don't know where they plan to put the entrance they have a little

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10 foot wide door as if that's going to sustain a restaurant and a bunch of

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properties on the second and third floor so the layout to me is just not in order but most

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importantly it was not properly advertised mr adams has no notice of any meetings or anything

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and he's right next door to the facility and he's been there there's no communication with him in

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writing or orally at all so there's there's no way in my estimation that you can proceed

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with this application it hasn't been properly posted hasn't been properly noticed and it will

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be objected to legally so i mean if it proceeds it's going to be litigation so i think that they

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need to consider that okay thank you char for calling it mr bergman i just want to uh i took

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notes and i uh appreciate the feedback i want to make sure that we're all on the same page because

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it may sound like uh we're not uh the property was posted a second time uh at the end of april

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it was posted 22 days prior to today's hearing and then of course it came down and then it was

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posted again. There was a code compliant mailing to everyone who lives within the radius and the

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planning commission gave us the addresses to which deliver those notices. And it was very well

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attended. So notice was in fact adequate. The environmental issues were brought up at the

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meeting and my client, it's a shell right now, my client has of course pledged to look into the

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environmental issues during the building permitting process, which is that standard.

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We don't do that prior to the zoning.

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We do it during the build-out.

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And as you saw, the property right now is just, you know, sort of was an abandoned shell.

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And again, the Protestant is an adjacent property that operates a bar that has been there a

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long time.

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and I'm sure, you know, they do good business. I would think a restaurant, even though we can have

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a restaurant as a matter of right, I think a restaurant would be compatible with that kind

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of hospitality service on that block. Thank you. Let me see if there, is there anyone else in the

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virtual audience? There, there's no other hands at this time. Planning Commission. Thank you,

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Chair Bergman, and good morning. David Fecto with the City Planning Commission. The comprehensive

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a plan recommends no change to the commercial mixed-use zoning at this location. The applicant

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has shown that the occupied area and rear yard variances are supportable since the structure

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since the structure exists. However, the applicant has not shown why they cannot derive value from

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exists. However, the applicant has not shown why they cannot derive value from

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the four dwelling units allowed by the code versus the six dwelling units that they are requesting.

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So six is not the minimum needed for relief. The City Planning Commissioner recommends the

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Board deny the proposed variances. Thank you. Council, we've had a lot of testimony.

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There's letters been sent in that that I really we haven't seen yet. So what I want to do is hold

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this until next Wednesday and we'll vote on this at 9 30 a.m. Thank you Mr. Chair. Please understand

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if we go down to the four units there'll be in excess of 1,300 square feet each at least three

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bedrooms. We're not it's actually more bedrooms than what we're proposing. I understand. Thank

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Thank you. And why don't you just stay right where you are, right? So MI 2022 006-836-812 Porter Street. Vern Anastasio is the attorney. Just state your name for the record again, please.

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Sure. Vern Anastasio, A-N-A-S-T-A-S-I-O, representing Mary Liberati.

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Right. And we have letters of opposition from the Lower Moy Mencing Civic Association, a letter of opposition from Council Member Squilla. Our Vice Chair has just a few questions for you, sir.

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Yep.

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Good morning, Council. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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I have.

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Thank you.

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Please proceed and share your screen.

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Thank you.

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Mr. Chair, 812 Porter Street is a two-family dwelling.

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Back in 1955, right here, October 11th, the zoning board granted, and it was physically turned into, this is a corner property,

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a commercial space and a one-family dwelling. About 20 years after this legal use,

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the commercial space was turned into a second family dwelling. So this property has never been

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since 1955 a single-family home, as the underlying zoning classification now shows.

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It's never been that. So it's always been two units. It was for 15 or 20 years, again, a plumbing and heating HVAC shop with a one-family dwelling, one on one side, Porter, the one on the other entrance, Mildred.

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And then at some point, 20 years later, the Porter Street side was turned into a residential unit.

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So fast forward today, Mary Liberati is now in her approaching 80 years old.

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She would like to legalize this pursuant to to having it sell it so that she can live the final hour, you know, final years of her life being independent and self-sufficient, which was the plan all along when her husband purchased the property.

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So this is the layout of the property here.

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You come in here and then there's this is Porter Street.

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and you have a living room, a kitchen, and two bedrooms.

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And then up the stairs,

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you have a living room, a kitchen, and two bedrooms.

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Here's the property itself, rather deep.

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we did meet with the community and they their opposition was kind of a head scratcher

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because what they said was if she were keeping the property this 80 some odd year old woman

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if she were keeping the property they would have no problem supporting it

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but the fact that she is contemplating the sale of the property in order to finance living you

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so that she doesn't outlive her money, which unfortunately has happened to a lot of folks,

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they would have to deny it. And as this board knows, that's really not

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a basis for any kind of proper urban planning. But such as it is, here are the photos.

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there are two electric meters they've been there before i was born so i mean that's that's what

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we're talking about here this is a long-standing two-unit building

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two gas meters two water heaters there's the posting

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two water heaters, there's the posting,

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Thank you.

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and a dozen households lining up right by Mildred Street,

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all immediately impacted,

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no opposition to the granting of the variants

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as legalizing what's been there forever,

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will have no negative impact on the health, welfare,

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safety, quality of life of the neighbors.

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here? Yep. Here's the letter. We met on the 27th of March. I'm sorry, my client is not here. She

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doesn't have internet. She's about 230 individual counselors were mailed. The immediate neighbors,

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of course, are all in support. But I understand the RCO will only support this if she keeps the

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property which is a lot

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for her given her age

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so

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and I don't think it's

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a valid basis for

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an opposition to something that's already been

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there anyway

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I can't produce my client

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to adopt my testimony but

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she would adopt it if she could

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as an officer the court will take your testimony

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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 i see no hands at this time high planning commission thank you chair bergman david vecto

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with the city planning commission the comprehensive plan recommends no change to the residential

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single family zoning at this location this property has a documented history between one

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and two dwelling units with a commercial space the proposed use matches the historic use of this

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property, the City Planning Commission recommends the board grant the use of variants for two

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dwelling units. Thank you. MI 2022-006-836-812 Porter Street, I vote yes. Thomas Holloman,

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my vote is yes. James Snell, my vote is yes.

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Thank you. My vote is yes. You have your votes. Thank you. Thank you. Is there anyone in the

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virtual audience on the morning list whose case has not been called.

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I see no hands, Chair.

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Thank you, everyone. See everybody at 2 o'clock.

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Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearing.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Yeah.

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Thomas Hallman, our board member.

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Board member.

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Present, Mr. Chairman.

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And James Still, our board member.

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Present, Mr. Chairman.

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Also, we have LeBaron Leonard Palmer, who filled in for us last week.

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We'll be voting today.

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Present, Mr. Chairman.

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Thank you.

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

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Here's our virtual format.

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Be advised, proceedings are being recorded.

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The video will be available by contacting tanyasunkett at phila.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 email 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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And any comments should be directed to our Executive Director, Tanya Sunkett.

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Let's look at continuations we have for this afternoon's list.

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Number six, MI-2022-007-178-3207 North 6th Street.

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Jose Matos Vales is the listed applicant.

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The RCO has requested a continuance.

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It's Mr. Vales here.

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Mr. Balazs, if you're in the virtual audience, please raise your hand.

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I see no hands, Chair.

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So MI 2022-007-178-3207 North 6th Street, this is the first listing. Case will be continued.

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This is the first listing. Case will be continued.

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Are there any other requests for continuances?

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I see no hands, Chair.

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Okay, we're going to go to our add-on list.

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MI 2022-006-209-5120 Marion Street.

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This is a request for reconsideration.

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I vote yes to reconsideration and rehearing.

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Thomas Holloman, my vote is yes to reconsideration.

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James Snell, my vote is yes to reconsideration and rehearing.

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Ishmael Shaheed, my vote is yes to reconsideration and rehearing.

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Number two, MI 2022-007-250-1732, Catherine Street, I vote yes.

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Thomas Holliman, my vote is yes.

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