civus
Hearing video

ZBA Hearing - December 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20214h 4m

Okay. So this property is zoned RSA5, which is residential.

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There are commercial properties across the street.

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there's a shopping center across the street um there's a lot of traffic in the area

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uh we feel concerns with the traffic going on with the elderly crossing the street just trying

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to minimize as much traffic because they'd be flying through their left and right and we just

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fear for our neighborhood also we are concerned with the integrity of the community itself uh

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being a residential area and not changing that particular block or structure to a commercial unit in any fashion.

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That's basically what I wanted to say.

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I mean, again, you know, we make the suggestion of converting the property to a studio or a single apartment building instead of a smoothie shop

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or any other food or services thank you thank you for calling in mr butler is there anyone else who

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has a different viewpoint or wants to offer a different uh comments would you like to um

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comments. Would you like to, Mr. Chair, would you like any response from us? Well, I thought maybe

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let me see if there's anybody else and then I'll give you a chance to respond. Okay. Thank you.

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Anybody else? Council respond. Nope. No more hands, Chair. I'm sorry.

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counsel uh thank you mr chair um this property as was stated has been used commercially

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for many many years the owner of this property first of all i don't think it is um appropriate

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to to penalize the owner of this property for past illegal use of the of the space um by way of the

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barbecue, I think was mentioned, a barbecue operation. The owner plans to not have this

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in operation any more or any less than the adjacent strip mall, which is really basically

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right across the street from that, as close or maybe even closer than the church.

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Because of the nature of the business, a smoothie operation, the anticipation would be

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that there will be a lot of walk-in traffic, not parking. So I think that the parking issue is

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not really dispositive in this nature. As the community has also talked in their letter,

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mentioned something about trash. The nature of a smoothie operations is very minimal trash.

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There's a cup and there's a straw. This is a takeout business with no seating and no indoor

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um indoor operation and uh there apparently there has been no problem with this there's a strip mall

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that has a wine and spirit store there i don't think that there's been an issue of loitering

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and that kind of and and that kind of behavior at all and we think and believe and the other thing

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is that the city has an open maps app i believe i have it someplace i don't think of course we

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can't share that, which really shows that this property is wrapped around into that commercial

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corridor. It is very much consistent with the area. And physically, it would be a hardship

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to make this into a residential unit in that it has never really been a residential unit. It has

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always been a commercial property. And let me just see if there was anything else.

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And for those reasons, we would very much ask for this variance to be granted.

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Thank you for your comments.

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Planning Commission?

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, the comprehensive plan recommends no change to the existing RSA 5 single-family zoning on this property.

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we do think that the existing structure presents a hardship for single family use given its

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configuration to include a ground floor commercial space however we agree with the council member

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that the proposed use represents a greater overall impact than the documented previous uses on this

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space if we're using that as a baseline and so the city planning commission would recommend that the

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or deny the variance for this use thank you and mi 2021-001-115-7037 ogons avenue i vote no

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thomas holliman my vote is no ishmael shaheed my vote is no thank you

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mi 2021 00027 9201 busselton avenue leo mulvihill no rco letter if yes would

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provide those as per amended refusal dated 8 18 21. mr mulvihill

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good morning chairman members of the board

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leo mobile on behalf of the applicant and just to correct the record we received a rco letter

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of support very early this morning from the sorry mr mobile could you please spell your name on the

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record please of course m as in michael u l v as in victor i h i l l do you swear a firm to tell

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the truth the whole truth and nothing but the truth i do answer a few questions for mr holliman

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please yes do you agree to the reading of the refusal and stipulate to his accuracy as amended

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yes some some documents are missing but you can proceed yes the one document that we did

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Yes, the one document that we did have missing was the RCO letter. Members of the board, I received a copy from Jack O'Hara this morning. I believe it was copied to the zoning board itself. It is a letter of support from the client's proposed use.

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had missing was the RCO letter, members of the board.

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Mr. Mulvihill, this is Sharon Saleta. Can I just ask that you forward a copy of that letter to me after the hearing so that I have it for my records? Also, one more question.

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to the RCO box. Thank you. Yes. Also, can you confirm that you submitted revised plans, but I believe those plans were the same plans that were reviewed by L&I in the amended application. Is that correct? That's correct. Okay, so they do not need to be stamped by the board. Thank you. Excellent. So members of the board, I have submitted my packet for purposes of the record. I just will review that as a refusal appeal project information form on page one.

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Area zoning maps at 6, my client's lease at 8, commercial activities license at 11, tax clearance

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certificate at 12, zoning notification letter and proof mailing at 13. The RCO letter is now

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attached to Exhibit 7. I have photos of the property page 16 and plans beginning at 32.

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So members of the board, this is relatively straightforward. The existing structure at this

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location is a temple. There is space inside that had previously been used for a daycare.

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my clients sought to get a zoning permit for use as a daycare, including a freestanding

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accessory sign, which is along Boston Avenue. The daycare itself is meant for younger children

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that's not going to be open for 24 hours or anything along those lines. However, this is

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zoned a residential district despite being a house of worship with this attendant daycare.

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And as a result, this daycare is not allowed in this zoning district. Same thing with our proposed sign. It's not allowed in this zoning district, even though there's already a sign for the temple there as well, right across from where our proposed sign is located.

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So this is located in the middle of an RSA 2 district, members of the board.

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What I'll do is, since I've incorporated my packet already, with the exception of this letter, I'll just read part of the RCO meeting summary letter that I received today into the record.

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Greater Baselton Civic League sent a letter dated December 15, earlier this morning.

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There is an RCO position of support.

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22 meeting attendees supported the project.

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none opposed, and there were none who abstained or otherwise in non-opposition. The rationale for

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their position was that the community supported the variance request for the use change to the

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daycare center from RSA 2 Residential Zoning District and for that freestanding sign. That

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was signed by Jack O'Hara, the president of the Greater Busselton Civic League. My client,

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Ms. Benita McFadden, may be on the line right now. If that's the case, I would just ask for

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to unmute and to adopt by testimony as her own. The hardship in this case is essentially members

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of the board. If this daycare were affiliated with the temple, then my understanding is we

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wouldn't even need a variance, but because it's a separate entity, it's a separate business

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structure, we are asking for the variance, and there's plenty of space inside the building for

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use of this and has been used previously, to the best of my understanding, as a daycare center as

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well. So, Ms. McFadden, if you are able to unmute yourself, would you please do that at this time?

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Yes, I am here.

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Great. Ms. McFadden, could you state your name and spell it for the court reporter, please?

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Yes, my name is Benita McFadden. That's B like boy, E-N-I-T-T-A, McFadden, M-C-F as in Frank,

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A-E-D-D-E-N.

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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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Proceed, counsel.

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Thank you.

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Good morning, Ms. McFadden.

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I know you can't see the documents that I prepared and sent it to the board, but I know you've seen them previously as part of our presentation to the community group.

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Do you agree that all those documents are true and accurate?

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Yes.

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Okay.

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And you've heard my testimony with respect to the community meeting, and although you did not receive a copy of that letter, was my testimony true and accurate with respect to that meeting?

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Yes.

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Okay.

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Is there anything else you'd like to add at this time?

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No.

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Okay. Ms. McFadden, you otherwise adopt all of my testimony today as your own.

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Yes.

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Thank you, Ms. McFadden. I don't have any other questions for you.

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Questions from the board, please.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Any testimony from the virtual audience?

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Yes, Chair, we have Bernard.

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Bernard you can unmute yourself yeah can you hear me yes could you state your name

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and spell it for the court reporter please Bernard Jadach J-A-D-A-C-H okay do you swear

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

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affirm to tell the truth the whole truth and nothing but the truth yes

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Yes. I'm the zoning chair for GBCL, and I just wanted to confirm the letter that he stated that we did send a letter.

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Unfortunately, it was only sent this morning, and everybody wasn't sent it in advance.

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I have to apologize for that, but I just wanted to confirm that it was a letter we sent.

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Thank you for calling in, sir.

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any other comments from the virtual audience

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yes chair we have temple best

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okay could you state your name and spell it for the court reporter

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i think it's me um kenneth harrison i am the chairman of the board of do me a favor could

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Would you stop a minute and spell your name for the court reporter?

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Kenneth, K-E-N-N-E-T-H, Harrison, H-A-R-R-I-S-O-N.

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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, I do.

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Thank you, sir.

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Counsel?

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I am counsel.

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I am the chair of the board and counsel to Temple Bethlehem Synagogue.

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Okay.

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I am, you know, I'm here to say we support this petition.

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we are the owners of it anything i want to correct is you keep calling it bustleton avenue is

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actually old bustleton avenue thank you um and if anyone has any questions about the site i'm here

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for it we have had a daycare there since mid-1980s i was on my way so thank you for calling in sir

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we appreciate it very much planning commission

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

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The comprehensive plan recommends no change to the RSA 2 zoning at this location. The structure

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has a legal religious institution use that's well established. With regard to the refusal for use

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as a daycare center, this proposed use is regularly associated with religious assembly

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and could be considered a logical extension of community service associated with the existing

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use. With regard to the refusal for a freestanding sign, we would oppose that particular variance,

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but support the variance for use of the structure. MI 2021-00027-921-Ole-Bustinton Avenue.

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I vote yes, but no sign. Excuse me, Chair, if you could also add the proviso as per

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thank you members of the board if i just may if i may retort to mr hegarty's position

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uh the sign itself is relatively small it's freestanding in the opening driveway of the

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temple itself the temple and the synagogue itself does have its own significantly larger sign it

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this is merely to denote the difference between the fact that there is a religious institution

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there and also a daycare services center now if we were able to screen share today i'd be able to

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show you the dimensions and the size of the sign. It's not particularly onerous or large,

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and it's actually located in some landscaping, some hedges around it. So it's not directly on

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the street. It's located quite off the street itself. Mr. Haggerty, you still have the same

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position. Yes, we do. We don't believe that the applicant has demonstrated there's a hardship

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that's preventing them from not having the sign. We don't think that the sign is necessary for the

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um to for economically necessary for having this use in this location okay so i i vote yes

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and and uh to put the proviso no sign thomas holliman my vote is yes with no sign and provisos

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dismal shaheed i vote yes no sign proviso thank you very much mr mokal thank you members of the

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board. Have a good afternoon. And Ms. Saleta, I did send that letter to you moments ago.

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Tanya, I think that's it. We want to check with the audience if there's anybody left in the

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virtual audience that wasn't heard today. Yes, Chair. Thank you. Anyone who hasn't been heard,

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please raise your hand. If not, we will conclude this hearing.

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Thank you, everybody. It was a complex morning, and I appreciate it.

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It really was.

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Thanks for everybody's support.

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I apologize for the fire, Laura.

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I apologize for Zoom.

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I think you all are great.

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No apologies necessary.

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We'll see everybody at two.

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See you then, Tanya.

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All right.

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Bye.

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All right.

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Let me know what people are in.

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let me know what people are in we're all here and ready sir the audience do

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yes they're still there from this morning oh great my name is bill bergman and i will be

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chairing this afternoon zba hearings the board members with me thomas holliman board member

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Present, Mr. Chairman.

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Ismail Shahid, Board Secretary.

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Present here.

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We also have our zoning board administrator, Tanya Sunkit.

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Our board attorney, Sharon Saleta.

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Before we begin, here's our virtual format.

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First, be advised the proceeding is being 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 the Board Administrator, Tanya Sunkett, at tanyasunkett.phila.gov.

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Second, for the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves prior to speaking or testifying.

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Third, if you are participating by phone and you wish to testify, raise your hand by pressing star 9 and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548. Leave your email address and the

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address of the property in question. The phone number again is 267-270-5548. And last, please

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note the question answer box is not for testimony or comments. Any comments will be directed to

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Tanya Sunkit our board administrator. So let's start with continuances and I'm going to read

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four continuances out. Number two MI 2021 003885 138 Tasker Street. Number five MI 2021 003882

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2021 Germantown Avenue. Number 9, MI 2021 003851 5328 Wakefield Street. And number 11, MI 2021

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003880 610 to 40 High Street. Anyone have any issues or comments about those

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contingencies. Please raise their hand.

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Yes, Chair, we have

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David Orphanides.

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Sure.

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