civus
Hearing video

ZBA Hearing - January 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 11, 20233h 53m

This shows what my Airbnb page looks like. The unit is just a one bedroom section

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off the back of my house. Here it is in plan. Guests enter the back door of the building

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here. This is the bedroom, the kitchen, the living space, bathroom. And then there is a door to my

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part of the house, but it's kept locked when anyone's there. I only host kind of, I think I

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hosted 140 days of last year. So I don't host that much, to be honest. And so much of the time

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that door is open and I use the back door of my house for coming in and out with my dog.

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um i live on the second floor um the third floor needs renovation and is currently not

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lived in by anybody um but i plan on you know living in this house as long as i possibly can

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um i've been hosting since 2012 um my house became a rooming house in 1947 um it's been

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multi-unit since then um there are airbnbs throughout the city and throughout my neighborhood

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but most are run by large-scale landlords in multi-unit buildings. I always talk to possible

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guests, and I am very clear about the neighborhood. I make them confirm that they understand this is

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a residential neighborhood, and I largely host people who are either from the neighborhood,

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visiting family in the neighborhood, or Presbyterian Hospital is two blocks from my house,

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and then also, you know, both universities, Drexel and UPenn, are nearby. So I'm largely

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hosting people who are coming to this neighborhood for something related. I require that people read

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a message about the neighborhood and about being conscientious towards my neighbors.

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And so I'm making sure that they understand this is not a tourist neighborhood and that

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they're coming here before that reason. As I mentioned, I have only hosted 143 days of the

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last year. I only host part-time. I do not allow parties, events, or more than three people to be

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here at any time. Neighbors have never had a problem or complaint. As a long-term resident

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in my neighborhood, I know all of my neighbors. I'm very active in the local RCOs. My house has

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never, you know, other, while I'm surrounded by some houses that are owned by absentee landlords,

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we have issues with trash with both houses on either side of me. My house has never been

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part of a neighborhood problem. I'm home most of the time and I'm friendly with the people

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that stay with me. So that's it. I did want to mention that I, as someone who has never been

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through these processes before, I saw that the last short-term host was granted this with a

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two-year proviso. I do want to say this process has been really difficult and really costly.

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and i you know i understand if this is how you're doing it but i would like to request a

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less short-term proviso given how um expensive and draining this process has has been and it

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process has has been and it would it would create a hardship for me and i would not be able to

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would it would create a hardship for me and i would not be able to continue

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continue doing this every two years um if this was the process every two years so so just so you know

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the last one was three years oh okay okay it was a recommendation for two we took it to three okay

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okay great all right questions from the board no mr chairman questions or comments from the virtual

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audience um mr chair this is hillary um i just wanted to interject um miss miss frost um you

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indicated that this is just for the first floor of your property is that that's that's correct okay

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would you object to a proviso specifying that because that was not specified on on the refusal

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oh yeah no i thought that that was on uh when i when i filled out all the applications they made

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me put first floor on everything so i thought that this was just for the first floor okay

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Okay, we'll add that as a provisor that I did not make it onto the refusal. Thank you.

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Okay.

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No one further? No comments from the virtual audience?

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No, sir. No further hand to this.

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Planning.

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

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Board members, in 2017, the zoning map was amended on this block to RM1 multifamily residential.

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um the visitor accommodation unit is related to the primary unit and connected to it and so again

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we believe this effectively functions as an in-home short-term rental use the visitor accommodations

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use here is also similar in function to the prior legal use as a rooming house and consistent with

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the internal configuration of the building the city planning commission recommends that the board

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grant the variance and we also have no objection to granting the variance without a proviso related

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to the term of the variance in my 2022 zero zero four three nine four six forty five north 40

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street i vote yes with proviso um limit to the first floor thomas house with proviso

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is

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Yes, with Proviso.

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Jim?

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You have your three votes and you're approved.

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My vote is yes with Proviso.

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You have your four votes and it's approved.

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Thank you for your presentation.

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Thank you for your presentation.

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Okay, let's go here.

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So there we go.

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10, 14, 15.

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let me see here

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Hillary I see

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no

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no

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no

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I believe we are

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number 17 is that right

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yes number 17

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okay yes

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MI 2022

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004 419

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4842

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North Camac Street. Mark Danik is the attorney. Letter of support from the Logan Civic Association.

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Okay, Mr. Danik has been promoted to panelists. He'll be rejoining shortly.

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

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uh yes mark danik m-a-r-k d-a-n-e-k i'm here for applicant sbm holdings llc and also on this call

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is uh thomas moses he's an authorized member of sbm holdings uh to speak today all right do you

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swear or affirm to tell the truth the whole truth and nothing but the truth yes our our um board

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secretary has a few questions. Good morning, council.

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I'm having trouble hearing. All right. Asia, break it up.

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Can you hear me now? Yes. Yes. Do you agree to waive the reading of the refusal and stipulate

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to its accuracy? Yes. Have you emailed all the required documents

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yes i have and i did receive a confirmation email

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thank you please proceed and share your screen

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Okay, Mr. Chair, this application is for a renovation of a property that was purchased by SBM Holdings in March of 2020, right at the start of the pandemic.

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Okay, Mr. Chair, this application.

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It was a vacant property that had suffered significant structural damage due to a fire.

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My client purchased the property through one of the city's low-income housing programs to renovate.

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Um, because of the pandemic and delays in the supply chain, uh, and getting construction permits, um, they, the first thing they were able to do was, um, secure a make safe permit in April of 2021.

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By the time they completed that work and then were moving on to the regular building permits, the application had already missed the three-year deadline of the Philadelphia Zoning Code for restoration of an existing nonconforming use.

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So it was historically always used as a two-family dwelling.

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They were seeking, when they purchased it and when they were seeking to renovate, the plan had always been to maintain the two-family dwelling.

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So during the make-safe process, they missed the three-year mark to get to the reconstruction.

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And I can, let's see, I can show you...

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So this is what the property looked like before renovation. And let's see. These are the plans. The plans themselves don't call for any exterior modifications. It's solely an interior improvement, a renovation of the property.

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um we met with the um and here's uh as part of the make safe uh these are the photos showing the

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posting but you can see that they replaced doors and windows uh basically secured the structure

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uh to get to the next step uh we met with the uh logan civic association um the the members there

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confirmed that it had always been used as a two-unit dwelling we received the votes in support

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and we're asking the board to we're asking for a variance to allow them to

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complete the renovation of the structure under 14 305 5b 0.2.3 and 10. in the alternative

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if the board is not inclined, we would seek a use variance pursuant to 14303 AE.1 and 2

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to allow for the two units to occupy the property.

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How about your representative of the client? Is he here?

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Tom Moses, can you have your testimony adopted?

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Mr. Moses, please raise your virtual hand, sir.

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Okay.

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He's going to have to speak.

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Hello?

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Hi.

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

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It's Thomas Moses.

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T-H-O-M-A-S and M-O-S-E-S.

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All right.

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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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Yes.

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Yes. Proceed, counsel.

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Hey, Mr. Moses, were you able to hear and see my screen during the presentation?

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Yes.

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And if you were called to testify, would you adopt all my representations as your own as true and correct?

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Yes.

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And one additional question I wanted to ask you is, can you just please provide color for the board on the low income program under which the property was purchased?

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and then the requirement that the two units be used for low-income rentals going forward?

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Yeah, simply, it's actually the Student Redevelopment Authority.

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It's the NCST program.

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We've been a community buyer for years, and we can either rent or sell the properties.

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uh but it has to be done to uh what's considered low to moderate income um renters or buyers

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and and going forward you intend to comply with the program requirements uh yes

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and with that mr chair i have no further questions questions from the board no mr

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chairman no mr chairman mr chairman questions or comments from the virtual audience

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So, Mr. Charles Richardson has his hand raised. I have allowed him to speak at this time.

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If you want to stand on the elevator, you can stand on the elevator and they hit the button.

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Well, stand on the elevator. You can stand on the elevator.

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Good morning, Mr. Richardson.

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Good morning, Mr. Chair.

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

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

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Certainly. R-I-C-H-A-R-D-S-O-N.

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Right.

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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, sir.

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the councilwoman has no opposition to granting the variance thank you thank you very much thank

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you any anyone else in the virtual audience

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any further answer planning commission thank you chair bergman ian hegarty for the philadelphia

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city planning commission uh board members uh the comprehensive plan recommends no change

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to the existing rsa 5 single-family zoning at this location this building was destroyed by fire

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sometime before 2015. As the council has noted, this zoning code permits reestablishment of a

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non-conforming use such as this that existed prior to the destruction, but only if the reconstruction

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begins within three years after the destruction. Despite missing this deadline, it's our opinion

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that the appellant has demonstrated a good faith effort to renovate this building, and the City

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Planning Commission recommends that the board grant the variance. Thank you. MI 2022-004-419

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4842 north camac street i vote yes

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my vote is yes james snell my vote is yes

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my vote is yes thank you counsel you're from you great thank you and if i didn't ask for it i

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wanted to mark and move all my uh exhibits into the record thank you there that's great okay great

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thank you you can great thank you is there anyone else in the virtual audience whose case has not

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been called on the 9 30 list i do not see any hands mr chair thanks everyone see everyone at

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o'clock. Thank you. All right. Good afternoon. My name is Bill Bergman. And I will be chairing

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this afternoon ZBA hearings. With me is Ismail Shaheed, our board secretary.

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Present, Mr. Chairman.

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Thomas Holliman, our board member.

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Present, Mr. Chairman.

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And James Snell, our board member.

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Present, Mr. Chairman.

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Also, here is our attorney, Hillary Emerson, and our ZBA hearing supervisor, Lakeisha Dandy.

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Be advised the proceedings will be recorded.

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By participating, you acknowledge your agreement to be recorded.

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The video will be available by contacting tonyasunkett 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, if 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. And finally, the question and answer

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box on the screen is not for comments. All comments should be directed to Tanya Sunkett,

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our executive director. Let's look at continuances for this afternoon's list. Number one, MI 2022

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202-004-684-9800 Busselton Avenue. This case is continued. Attorney moving party.

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Number three, MI 2022-004-690-300-02 South Street. This case is continued. And number four,

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MI 2022-004-893-6600 North Wall Street.

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That case is continued.

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Is there anyone who has comments relative to those three cases?

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Good afternoon, Mr. Chair.

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This is Jason Hand.

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Ms. Isabel Ortiz has her hand raised.

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I have allowed her to speak at this time, sir.

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Okay.

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

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May you please unmute?

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Ms. Ortiz, may you please unmute?

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Can you hear me now?

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Yes. Hi.

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

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Yes. Good afternoon, Chairman Bergen.

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My name is Isabel, I-S-A-B-E-L-L.

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Last name is Ortiz, O-R-T-I-Z.

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I am the community representative on this particular case.

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