civus
Hearing video

ZBA Hearing - March 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 22, 20235h 37m

quarters. There's not going to be plumbing. It's just really solely for personal home

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office use. Um, so this refusal along with the plan, uh,

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why don't you show us the photos of what you have now? What's there now?

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Yeah, show us photos of what you have there.

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so current garage

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is back here okay um so one floor it goes up to the alleyway on uh for the driveways on east

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allen's lane and we did find in our deed that we technically have an easement eight feet into that

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alleyway. And this is from our Ardley Street. We drive in on Ardley because we have the corner

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property. And then show us now the plans of what you want to do. Sure. So this is from inside the

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yard. This fence is where the view that I just showed from Ardley Street. We would just build

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up one level um so that i could use for a home office uh the stairs would be on the exterior

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inside the yard um so they wouldn't really be visible to other people um and it's not connecting

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this space within the garage there was some concern of you know again the living space it's not it's

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not planned for really adding actual living space it's just for office

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And you have a letter of support, am I correct, from East Mount Airy Neighbors?

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Yes.

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Show that.

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Okay.

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All right.

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Questions from the board?

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No, Chair.

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No, Chair.

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No, Mr. Chairman.

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Okay, questions or comments from the virtual audience?

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Mr. Chair, I have Mr. Lee Elsie with a hand raised.

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I have allowed him to speak at his time.

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Good morning.

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

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Good morning.

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This is Lee Elsie, L-E-E-E-L-S-E-Y.

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Right.

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

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I do.

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I do.

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Are you a neighbor?

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No, I'm actually the architect on the project.

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I want it to be available in case there were any questions.

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Thank you for calling in.

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Anyone else in the virtual audience have comments?

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Yes, sir.

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Mr. Charles Richardson has his hand raised again.

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I have allowed him to speak at this time.

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Good morning, Mr. Richardson.

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Just state your name.

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You've already been sworn.

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Good morning again, Mr. Chair.

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Charles Richardson, Office of Councilwoman Cindy Bass, room 508 City Hall.

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Councilwoman has no opposition to this project.

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Thank you for calling in.

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We appreciate it.

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Is there anyone else in the first audience?

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I do not see any other hands at this time, sir.

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Okay, Planning Commission.

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Thank you, Chair Bergman.

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sarah bond philadelphia city planning commission s-a-r-a-h-b-a-n-h do you swear or affirm to tell

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the truth the whole truth and nothing but the truth yes i do proceed the comprehensive plan

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recommends no change to the existing residential single-family zoning the appellant has not shown

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that the property cannot possibly be used in strict conformity with the zoning code and that

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a variance is therefore necessary to enable the viable economic use of the property the city

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planning commission recommends that the zoning board deny the variance. Thank you. MI 2022-006-115-405

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East Mount Airy Avenue. I vote yes. I vote yes. Thomas Holloman. My vote is yes. James Snell. My

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vote is yes. Ishmael Shaheed. My vote is yes. Thank you for calling in. You have your votes.

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Thank you so much.

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All right.

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We're going to go to number one now.

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So number one is a resumptive hearing.

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It's MI-2022-005-423-9722 Wally Avenue.

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And Mr. Ishmael Shahid will take over for this particular case.

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yeah so jojo jose is the attorney this application is for the erection of an addition

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including a front porch and a carport for one parking stop is exit parking to remain as

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previously approved for single family house living household living size and location is

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also shown on the application

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plans. Is

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JoJo available?

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Yes, sir. They have been promoted to

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panelists. They will be

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rejoining shortly.

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Good morning, sir.

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Good afternoon. Good morning.

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Please state your name and spell it for the record.

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My name is Giorgio Joyce, J-O-J-O-J-O-I-S-E.

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I couldn't really hear you, but did the court recorder get that?

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I'm sorry, what did you say?

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Yes, Vice Chair, I did.

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All right.

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

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Yes, I do.

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Sir?

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Yes, I do.

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All right. We're going to, this is a resumption hearing, so we're going to proceed on and hear

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out the rest of the case. This case was first heard back on February 8th, and we had held the

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case full until we heard more information from the community and registered community organizations.

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Yes, so I attended the community meeting on the February 28th, and I do have the letter

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from them, and I submitted that earlier when I received it from the committee.

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Can I present that?

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Yes, a little difficult hearing, but yes.

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Okay, sorry, sorry about it.

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So, Hillary, was this already received on our end?

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Okay.

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I'm looking.

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It looks like it was just sent within the last half an hour.

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So we just, I think we just got it.

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Yes.

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And it is a letter, it is a letter of support.

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Okay.

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I guess we can go straight to questions in the virtual audience.

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I guess we can go straight to questions in the virtual.

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Yes, that was the only thing that we were not able to do last time is public testimony.

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So we're going to go out to the public audience and see if we have any questions or concerns on this case.

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Is anybody in the virtual audience?

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Mr. Shaheed, I have Mr. Jack O'Hara with his hand raised.

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Oh, wait, you put it down.

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Okay, now we put it back up.

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I have a lot of Mr. O'Hara, Jack O'Hara to speak.

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Good morning, Mr. O'Hara.

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Yes, good morning.

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Please state your name and spell it for the court recorder.

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Jack O'Hara, J-A-C-K-O-H-A-R-A,

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and I am the president of the Greater Boston Civic League.

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do you swear to tell the truth the whole truth and nothing but the truth

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I do please proceed

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I uh I was late in getting the uh uh summary in and I uh I apologize to Jojo and you know

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and and the chair but I did want to get on and confirm our support of his uh application

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thank you so much is that it yes that's it sir

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All right, thank you. Anyone else in the virtual audience?

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Do not see any hands at this time, sir.

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I believe the planning commissions already made their piece on this, so we're gonna

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hold one second, just gotta pull that one back up.

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hillary is anything else before i move forward with the vote

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uh no mr shaheen all right mi2022005423 9722 wally avenue my vote is yes yes

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Congratulations, sir.

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Thank you so much.

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Thank you, sir.

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Thank you.

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Thank you.

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We'll move to number three, MI 2022-006088-7203-05 Edmond Street.

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John Pack is the attorney.

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There is a letter of non-opposition for the Taccone Civic Association with Proviso.

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Mr. Peck.

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Good morning, Mr. Peck.

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If you are in the virtual audience, please raise your virtual hand and wait to be sworn in.

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okay mr pack has been promoted to panelists you will be rejoining us

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good morning mr pack

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good morning hi could you please state your name and spell for the court reporter oh yes

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my name is john pack uh j-o-h-n last name p-a-k right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth i do could you identify your client and their

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relationship to the property okay uh my client's name is mr jonathan alvarado and he's the property

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owner okay our vice chair has just a few questions for you sir good morning counsel do you agree to

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waive the reading of the refusal and stipulate towards accuracy i do have you emailed into our

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offices all the required documents to proceed with this case and exhibits uh five days in

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advance of this hearing i have thank you please proceed and share your screen

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Here, screen on the bottom, there you go, thank you.

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Okay, so this is the refusal, well, good morning.

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My name is John Pegg, and I represent Mr. Jonathan Alvarado, the property owner of 7203-05 Edmund Street.

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This matter concerns a refusal on an application.

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This matter concerns the refusal on an application.

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This is the refusal.

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This is the refusal.

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Mr. Alvarado wishes to erect a carport parking at the side of his yard.

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And this refusal is due to the size of the carport.

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it says here the residents of the carport with a flat or shed roof are limited to

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10 feet in height and 25 feet in depth and he's proposing a garage with 13.1 inch height and 45

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feet depth and another reason for the refusal was the the location where it requires eight

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feet of five yards is required and we don't have that here so let's do the refusal

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this is the application that was submitted

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i want to okay this is the proposed uh part part and the shaded area the crossed out area represents

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the um purple and this is the uh the floor plan for the carpool

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this is the d that shows the uh ownership of mr jonathan alvarado

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mr pack let me see the photos okay yeah these are the photos this is the property and this

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This is where the carpool, this is an older picture, if I may bring your attention to the newer pictures.

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This is the residence and this is the parking area that he plans on putting the carpool at.

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He's going to put the carpool right here, basically.

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More pictures of the backyard.

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There's already a curb cut there? Excuse me? There's already a curb cut?

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He already parks there. Is there a curb cut in the street? Oh yes.

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Now this is the uh the notice that was sent out for the uh the RCO meeting. The RCO meeting was

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held on December 6th and we do have like you said we do have a non-opposition letter with six

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provisals. This is the bulk mailing that went out. This is the certified mail to the adjacent

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property owners. And this is the zoning notice posting that we put up there at the property.

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Now, I want to bring your attention to the RCO opposition letter.

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And these are the six provisals that they're recommending.

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And I spoke to the applicant and he has no issues with complying with these provisions.

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All right.

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Questions from the board?

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no mr chairman no chair

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no mr chairman questions or comments in the virtual audience

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do not see any hands mr chair by planning commission

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thank you chair uh the comprehensive plan excuse me sarah bond

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S-I-R-A-H-B-A-N-H-Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing residential single-family zoning.

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The appellant has not shown that the property cannot possibly be used in strict conformity with the zoning code

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and that a variance is therefore necessary to enable viable economic use of the property.

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The City Planning Commission recommends that the zoning board deny the variance.

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MI-2022-006-088-7203-205-Emmon Street.

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I vote yes with proviso.

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Use of garage for personal vehicle storage and maintenance only.

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No vehicle pain.

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