civus
Hearing video

ZBA Hearing - October 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 8, 20258h 7m

all right mr so mr rivero this application is for use as a two-family household living

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in the existing two-story attached building whereas the proposed use two-family household

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living is prohibited in the rsa5 zoning district our vice chair tenetta graham has a few questions

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zoning district our vice chair tenetta graham has a few questions for you good morning um have you

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for you.

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emailed all your documents and exhibits five days in advance of this hearing yes yes that's correct

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okay and the chair read the refusal do you stipulate to his accuracy yes okay thank you

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you can proceed with your case to share your screen can everyone see my screen it should be

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be coming up now and everyone's my screen here uh we did we're not seeing it yet maybe you have

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to double-click to enter the full screen.

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It froze on me.

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No, nothing's there yet.

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Yeah, the application seems to be frozen on my end,

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but I can hear you guys just fine.

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So why don't we do this?

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We have several cases.

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We'll come back to you in 15 minutes,

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see if you can get it straight, okay?

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Okay.

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All right, thank you.

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Number 15.

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Okay, so MI-2025-004-120-1825 Butler Street.

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Justin Shaw is the owner applicant.

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Hillary, this is the one we want to hold.

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This is the one, Mr. Chair, actually, we need to first address the request for continuance from the RCO.

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And then if we decide to hear it, we do have the option of holding for additional feedback from the RCO.

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Okay.

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Thank you.

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Why don't we do that just to get it through?

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Mr. Shaw?

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Mr. Justin Taw, if you are available in the virtual audience, please raise your hand and wait to be sworn in.

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you should be back in as a animal

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okay

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okay

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justin shaw uh j-u-s oh go on please please justin shaw j-u-s-t-i-n s-h-a-w

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All right. 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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All right. So, Mr. Shaw, this application is for use as a two-family household living, no change or height of the existing attack structure, whereas the two-family household living is prohibited in the RSA 5 zoning district.

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um we understand that the um that the rco has more questions what we're going to do is hear

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your case and then we'll hold it for more feedback from the rco okay thank you all right and our

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our vice chair um tenetta graham has a few questions good morning good morning have you

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submitted your documents and exhibits five days in advance of this hearing yes ma'am i have there

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There were there was one document, the property plan that I submitted later because I just got it.

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But I submitted it about four days ago. OK, thank you. And the chair just read the refusal.

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So do you stipulate to this accuracy? Yes. OK, thank you.

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You share your screen and proceed with your case. First, I want to say good morning to chairman and the members of the board and congratulations,

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Madam Secretary and Madam Vice Chair on your appointments and go Burt's. I am requesting

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a zoning variance for two family units and an RSA 5 single family district just to give some

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some history about the property. It was built in 1936 as a store and dwelling. I actually grew up

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on Gratt Street where the property is and when I was a kid the property was abandoned and it had

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fallen into disrepair. My grandfather actually purchased the building in the early 1980s

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and renovated the property. And he and my grandmother lived in the bottom floor unit

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and he rented the top floor unit out. We lived next to them at 3810 Northgrass Street.

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My grandparents passed away between 2018 and 2019, and they willed the building to my mother

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and my uncle. I purchased the building from them in October, 2022.

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and my uncle. I purchased the building from them in October, 2022. Shortly after purchasing the

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property, I discovered that the building was not zoned correctly. And I started, you know what,

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you know what you may want to do? Why don't you put your documents up? Absolutely. Right. And that

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way, when you start talking, I mean, we, we know all your documents are up to date. Okay. As you

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talk, you might want to be able to show the property too. Absolutely. Okay. Let me see. Share.

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So, hold on one second.

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yeah so uh as i was saying the um shortly after i purchased the property i discovered that

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the building wasn't zoned correctly and i started the process um it's been a learning process but

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i'm happy to be here right now at this process at this part of the process currently um there are

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two um tenants living living in the building this is the property plan from 1936 here on the screen

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okay you you might want to like make your screen that we can see it it's kind of hard to see that

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okay hold on one second

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is that better

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it didn't change

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we're seeing your finder with the preview

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and not the document itself

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oh okay

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okay

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finder

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does that work

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not really still not so mr shaw this is ian hegarty executive director i can see your screen

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you're doing a great job so far i just wanted to say i think when you shared you shared just um

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the uh the finder window from from your computer as okay the the window that has the actual

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document so what you want to do is stop stop your share at the top of the screen okay open up now

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open up the documents you want to show i think there are pdfs and then go ahead and share and

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when you share this time make sure you pick uh acrobat to to show the board okay hold on let's

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see

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uh okay let's see

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let me try this again

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does that is that did that do it yes that did thank you so much if there's any way you can

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zoom in a little bit that would be helpful but that that looks great thank you

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is that better

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let me see if i can make this

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all right um so this is the property plan uh from 1936

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that i had to track down at the surveyor's office

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um currently there are two tenants in the building uh the time shows do you have pictures of the

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building yes absolutely why don't you show why don't you start showing the pictures of the building

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okay

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so this is the first floor unit we're not seeing anything sir

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okay hold on a second let me go back to

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Let me stop sharing again, and I'm going to bring it up, bring it back.

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Let's see.

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Okay.

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sir

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no sir you you're gonna okay uh mr rivera would you please

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why don't you go out and come back we'll call you back okay

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mr rivera

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okay we'll call you back yep thank you sir yes so that's fine

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Okay, we'll call you back.

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Yep, thank you, sir.

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Yes, that's fine.

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Thank you for your patience.

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Is that your property?

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That's the property.

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Can you see that?

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We see that.

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All right. This is a corner property. So one half of the property is on Gratt Street, and this is the Gratt Street side of the property.

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Right, right.

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And this is the Butler Street side of the property. So there's an entrance on Butler Street. That's the door to the entrance on Butler Street.

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Is that for the first floor, right?

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This is for the first floor, correct.

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And the Grad Street side, you can see there's a door in the middle of the building there, here, where my cursor is.

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And that takes you up second floor.

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That takes you to the second floor.

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All right.

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So why don't you now show us some interior showed up shots?

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All right.

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And so we have, this is the first floor bathroom.

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the first floor

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bedroom

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how many bedrooms on the first floor

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there's one bedroom on the first floor

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one bedroom on the second

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no two bedrooms on the second floor

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keep going

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and then we have

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the first floor

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kitchen

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and that's another angle of the kitchen

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and the first floor

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living room

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and this is another angle of the living room

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um and then do you have a drawing do you have a drawing of the first and second floor

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yes yes i do show us the drawing it might be easier absolutely absolutely

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this is a four plan of the the first floor so why don't you tell us what that is so this is

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the bathroom here and this is the back door right and then this is the kitchen

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and this is the uh this this right here is the the stairs to the basement okay uh and this is

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the bedroom here and then this is the living room and this is the front door to butler street

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so you you come in from butler street into the living room yes you come in from butler street

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into the living room correct could you show me the second floor yes

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second floor floor plan so these are the steps that take you up to the apartment

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uh that's on that side door yes that's that side door right um and then uh

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this is a this is the uh the front room uh this is um the bathroom

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uh this is the the bedroom one and bedroom two and this is the living room here

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okay and and how long has your family used this as a duplex

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uh my grandfather purchased it in the early 80s right um and then uh and he actually has

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the renter upstairs is is has been there for over 30 years right she she actually was is the daughter

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of the initial renter who lived there her mother uh got sick and she moved in with her mom and

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then she took over the lease after that uh and i'll show you some pictures of the of her place

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this is her living room second floor yes this is the second floor living room this is the kitchen

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uh this is bedroom number one and this is her bedroom number two

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and see these are the these are the steps that go up to her uh apartment and then i wanted to

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show you the basement there are steps here that go down to the basement there's a small uh storage

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um uh closet that i remember my grandfather building when i was a kid i helped him build it

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um and let's show some pictures of the basement this is the basement there's no basement living

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am i correct no no there's no basement living no no there's just there's there's a storage

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shed in the basement um that's another angle of the basement and then let's see that's the storage

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And then, let's see, that's the storage shed right there.

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shit

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Okay, yep.

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And that's the interior of the shed.

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Okay.

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And then the other documents that I would...

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We have all your documents.

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Okay.

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All right, questions from the board.

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So the only access to the basement, got two accesses to the basement.

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One is from outside and then one was from the first floor unit?

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Correct.

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Okay.

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Other questions?

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Questions from, oh, go ahead.

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Yes.

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Did you, did your grandparents or whoever, did they ever get rental licenses for these units?

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I don't believe so.

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That was something that I discovered when I purchased the building is what started me on this journey.

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um so when i purchased the building i this all became news to me it was like an avalanche to

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know that the paperwork wasn't up to date on the building and so i've been start i started the

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process and that's what i'm in the process of doing right now all right thank you question

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tomorrow attorney hillary emerson i don't have any questions mr chair um if the board wants to

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hold this for two or three weeks um to allow for further conversation between the applicant and the

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rco and for the rco to submit a letter that's right right and any response from the applicant

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so we're going to hold this for well we've got a couple other things to do first questions or

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comments from the virtual audience i see no hands at this time chair planning commission

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good morning chair members of the board michael gall with the philadelphia city planning commission

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the comprehensive plan recommends no change to the rsa 5 residential single family attached

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zoning at this location the city rezoned this neighborhood in 2021 in accordance with

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recommendations of the comprehensive plan in 2004 the city did issue a rental permit for two

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dwelling units therefore the city planning commission recommends that the board grant

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the proposed use variance for two-family residential use okay so mr shaw we're not

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going to vote today we're going to allow you to have more conversation with the rco and we're

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looking to two weeks hillary um yes we can schedule this for a vote um wednesday october 22nd at 9 30

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a.m and the record will be closed except for a letter from the rco and any um response from

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the applicant so we're looking for a letter from the rco um but we will vote on october 22nd at

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9 30 a.m and um it's it's closed other than if uh we think that you need to respond to the letter

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