civus
Hearing video

ZBA Hearing - October 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 12, 20223h 32m

all um is there just want to take one look at the property that's all okay

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um rich do you know if there is a picture

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yes all i forwarded you all the documents i sent to the rco so the email titled uh

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uh 807 north 2nd street appeal has pictures of the property in them okay

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there we go uh

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is it still being shared is it can you see this picture not yet no we don't see it yet okay here

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do we it's a sure screen okay

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yep we're good okay

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okay and you have the approval the northern liberties neighbors association right yes and

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so this is the special exception we need right you're applying for a special exception

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i'm right hillary right special exception right

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yes that is correct and a list of enforceable provisos i see it i i have those all right so

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questions from the board no mr chairman no mr chairman no mr chairman all right questions or

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comments from the virtual audience i see no handshare planning commission

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

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Members of the board, in 2014, this property was remapped from medium industrial to commercial

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mixed use, CMX 2.5. This was done in accord with recommendations from the comprehensive plan.

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The proposed special exception is unlikely to cause detrimental impacts to the neighborhood

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beyond what might normally be expected for this use, and so the City Planning Commission

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recommends that the board grant the special exception.

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Thank you. MI 2022-002-347-807 North 2nd Street. I vote yes with the following provisives.

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Access the restaurant from 2nd Street only. No trash pickup before 7 a.m. Interior trash storage.

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No outdoor seating in the backyard. No cooking on the premises. No outdoor music. Hours of

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operations sunday to saturday 7a to 9p thomas holloman my vote is yes with the provisos

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james snell yes with provisos ishmael shaheed yes with provisos thank you council thank you

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hillary do we have any of our how do we make out with number one

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um number one um we we are good to go mr chair okay so why don't i go to that yes is that okay

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MI 2021 003 844 1217 South 50.

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003-844-1217 South 50th Street.

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John Taylor is the attorney.

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He's already been sworn.

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I love you.

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Mr. Chair, I just want to note for this case,

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this is an application for two-family household living in an existing structure.

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There's one refusal that two-family household living is prohibited in the RSA 5 zoning district.

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There's a letter of support from Southwest District Services.

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Thank you so much, Hillary.

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Mr. Taylor.

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Mr. Taylor is coming back in as a panel.

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Thank you.

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Good morning, Commissioner.

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Good morning.

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You've already been sworn.

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Just state your name for the record.

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My name is John J-O-N Taylor, T-A-Y-L-O-R. I'm the attorney for the applicant, Ms. Renita

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Palmer, also known as Renita Murphy. And she's the owner of the property.

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She is the owner of the property. Mr. Holloman has a few questions for you.

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Good morning, Counselor. Do you agree to waive the reading of the refusal and stipulate to

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is accuracy? I do agree. Did you email all of the exhibits and documents as required, such as proof

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of ownership, tax clearance, copy of the refusal or referral, pictures or drawings of the property

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five days in advance of this hearing? Did you meet with the RCO and do you have a letter?

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Yes, we met with the RCO. We have a letter. We submitted a documentation of more than five days

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earlier, we are having difficulty getting a tax clearance request. We have put information in

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and it doesn't allow us, but all taxes have been paid. Thank you. Please proceed and share your

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screen here

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mr chairman is everybody able to see my screen we see it mr sir excellent so to be this is a

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request for a single family home. The purpose of the initial application was simply put is that

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Ms. Renita Palmer, the owner of the property, wanted to sell the property to her daughter.

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Her daughter wanted to make it into a two-family so she could move in and may have an easier time

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making mortgage payments. There have been significant changes in their life since that

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date. Specifically, their father, Mr. Murray, has become a double amputee, and the new plan

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is to actually move into the property, meaning Ms. Palmer and her husband, they intend to live

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on the second floor, and Shanice Murray would live on the first floor. The plan has been made

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based on changes and events that occurred over the last 40 days. Attached to our application,

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we have the application for appeal. We have the project information form.

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we have the deed here which is owned by showing that Ms. Palmer is the owner of the property

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she will be here to testify with her daughter Shanice Murray

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this is the real estate tax balance again we put in the information Ms. Palmer's social

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security number the OPA number but we're unable to get a cert generated

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these are the submitted lni plans which i will have the witnesses go over to explain

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this is a posting of the property

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these are photographs of the property right now it's actually a vacant property nobody has lived

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there um it was at one point where miss palmer and her daughter lived this was the family home

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It needs repair at this point, and part of the variance request is to get the financing to make those repairs.

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This is the letter of support that we received from the RCO.

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And this is our witness list from Renita Palmer, Shanice Murray.

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And this is our

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Again, when this was submitted, part of the understanding was that, you know, the community wanted, you know, housing to be, you know, for low-income people.

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Ms. Murray has a certificate of completion with the PHA,

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but that's now a mood issue

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because of the change in family circumstances.

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If I may, Chairman, may I please bring

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Ms. Renita Palmer to testify?

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Mr. Taylor, before you bring anybody on,

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so you want this, this is right now a single home,

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you want to make it a duplex?

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Correct.

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Right. Okay. So could you tell me what the rest of the block looks like relative to that?

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The rest of the block is mostly single-family homes. Let me see here.

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Let me put the address in.

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so this is the block it's mostly single family homes if you look at the neighborhood i do not

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believe that this use will create congestion because there's ample parking around the nearby

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park um right now the number of people who live at the premises is three uh miss murray would

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live shanice murray the doc the daughter would live on the first would live on the second floor

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and her parents would live on the first floor.

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Now, there are two bedrooms on the second floor,

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so more people could move in to the second floor.

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But at this time, it is just Janice Murray,

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the daughter, who would be living there.

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Again, it's not going to do anything to impair light

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because we're not asking for an addition

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to increase the height of the building.

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Again, we're just trying to make it into a duplex

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at this point and just for a point before you bring in a bill and go back to the letter

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what was the vote of the rco sure

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for there were 11 members for support

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no opposition okay all right thank you yeah with the when the rco made that support the plan at

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that point was to make a duplex miss murray would um live in the first floor and then she'd rent the

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second floor uh again so yes the rco has supported the plan um my belief though is i'm sorry my video

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My belief is that I don't believe the RCO would have any problem with Ms. Murray's parents living on the first floor, especially in light of.

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Yeah, I mean, so, but it's still the same thing.

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In other words, she's going to live in one and right.

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Now the change is because of family conditions, she's going to move her parents into the duplex.

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Understood. Correct. That's exactly right.

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All right. So why don't you do this? Why don't you call someone to adopt your testimony?

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Okay. I'd like to bring the owner of the property, Ms. Palmer, Renita Palmer, to testify.

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

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I'm sorry, Chair. We don't have anyone by that name, but we do have Shanice Murray.

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That's fine. That's fine.

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hello everyone um hi could you state your name please and spell for the court reporter

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yes uh my name is Shanice Murray and I do have my mother here with me we're just using um we're

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just sharing this um device okay so but you could testify we're fine you can testify

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Okay. My name is Shanice Murray. That is S-H-A-N-I-C-E-M-U-R-R-A-Y.

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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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I do.

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Counsel, proceed.

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Ms. Murray, have you heard the initial testimony in today's hearing provided by myself?

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Yes.

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Do you adopt today's testimony?

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Yes.

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okay okay thank you questions from the board no mr chairman no mr chairman no mr chairman

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Yeah, we have Brendan Van Gorder.

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Okay.

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Hi, sir.

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

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Good afternoon.

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My name is Pastor Brendan Van Gorder, B-R-E-N-D-A-N space V-A-N space G-O-R-D-E-R.

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Good afternoon, Chair Brendan.

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

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I do.

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Proceed.

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So I'm a member on the block, and we are a very intimate block.

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People know the mom from back when.

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They're excited to have them come back to the block.

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We are concerned. I was at the RCO meeting and we asked for something in writing stating that they won't be signing it out of the family. Our concern is that it'll bring into a bigger development if it changes from single family to multifamily.

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um so we're we're happy to uh as as the block we're happy to have them back um but uh we we

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asked weeks i mean months ago now uh for something in writing stating that uh it would remain in

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their family or if not if you know if they would consider selling it to the block um the the issue

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is that we just fought and won at a zba meeting a developer across the street who wanted to make a

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three story um a duplex um and we won because we said you know this has to stay single family

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um and we don't want it to kind of fall into someone else's hands just wanted something in

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writing from the family from the lawyer saying that it would remain in the family that would

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remain kind of a single family you know um culture of the block so we haven't gotten that yet and i'm

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just wondering if there's plans for that um i don't want definitely don't want to put the family

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through anything else more in terms of continuing but we did want something you know and i thought

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we were we asked yesterday you know why haven't we had anything and got no response so thank you

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pastor thank you is there anyone else in the virtual audience i see no hands chair council

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do you want to respond to that well we deal directly with the um rco we provided a letter

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to the rco is part of our exhibit and after we provide that letter we got the letter of

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authorization um with all due respect i i've never had the pastors never called my office

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i've never had communications with the pastor the communications i have are with the rco okay all

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right all right thank you council um questions uh planning commission thank you chair bergman

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Ian Hegarty for the Philadelphia City Planning Commission. Members of the board, the comprehensive

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plan recommends no change to the single-family zoning at this location. The applicant's hardship

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claim here depends solely upon circumstances that are unique to the current owner. However,

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per the zoning code, the appellant is required to support their hardship claim with evidence

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of unique physical conditions of the property, such as prior legal use of the property as a

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two-family, for example. This is because variances are assigned to the property, not to the owner of

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the property. We've heard no evidence of unique conditions of the property, and so the City

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Planning Commission recommends that the board deny the variance. MI 2021-003-844-1217 South 50

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Street. I vote no. Thomas Holloman, my vote is no. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Okay. So, Council, we have a tie. Yes, we do.

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We will, we have another board member. We'll brief them and then we'll come back with the

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vote okay we'll come back with a vote probably by next week okay would it be i can ask you

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submit additional information and a follow-up brief um is that possible um no the record is

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closed at this point we're going to close the record but we'll we'll we'll vote again next week

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okay all right all right thank you thank you okay so hillary did we ever find leo

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I have tried to reach him by phone, and I have not seen him back on here, so unfortunately, I think we may need to continue that matter.

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Okay, so why don't we do that? MI 2021-001-675-614 North 64th Street. This case will be...

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614 North 64th Street.

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These cases will be continued.

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And did we finish Bergen Street?

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No, Mr. Feynman, I believe, is back on with another computer that he can share his documents.

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Okay, so he was coming back on.

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Let's see.

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There he is.

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All right.

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MI 2021-00128-1737 Bergen Street.

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Again, good morning, Mr. Chair and panel. I'm still I realize having heard the other case, I was on an Apple laptop and I realized that that's where some of the difficulty in sharing my documents.

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So I've worked to get on another computer to share those documents.

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OK, are you ready to go? If you give me one moment, please.

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all right let me let me ask this good identify your client please in the relationship to the

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property yes again um mark feyman council uh the the property is lna installations llc

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the sole member of that entity is uh present with me his name is yusuf spelling is y i'm sorry

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spelling is u-s-e-p-h last name abu ali a-b-u-a-l-i right and i and i think mr hallman has already

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spoken to you about your doctor yes okay so let's see if we can get your computer open

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