civus
Hearing audio

ZBA Hearing - February 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 18, 20264h 37m

project it doesn't list the religious assembly use although it does issue a refusal for it so

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um I have recommended to the board if they are to grant this that they provide clarification

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via proviso as to what use is being approved since it wasn't in the description at the top

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of the refusal so oh so i mean gary can probably explain more but this would be used for religious

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purposes so so so one got a refusal for religious assembly it's just not in the description which is

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what they base the permit off of so we just we'll put a provider to clarify up the board grant so

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just so you know it's approved use is religious assembly with 57 accessory spaces including through

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accessible three accessible spaces okay that's great thank you um questions or comments from

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the virtual audience i see no he's at this time chair planning commission

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what's that you said on the mic sure

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Okay, Sarah Bond, Philadelphia City Planning Commission.

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The comprehensive plan recommends a zoning map change to CMX2.

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The proposal for religious assembly conforms to the recommended zoning.

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

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So number 15, MI 2025-005-004-13400, Philmont Avenue.

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I vote yes with proviso.

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Approved use is religious assembly with 57 accessory parking places, including three.

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with 57 accessory sparking place parking places including three accessible spaces

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michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with provides tenetta graham my vote is yes with proviso

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my mcadams my vote is yes with proviso hi i win my vote is yes with proviso thank you thank you

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thank you so number 13 mi2025 004 968 303 avon street

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both here abdulav is the owner applicant

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um there's a letter of opposition from council member o'neill and um

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The Somerton Civic Associated voted 11 in opposition and 9 in support.

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Good morning.

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

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Yeah, my first name is Botir, B-O-T-I-R.

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Last name is Abdullaev, A-B-D-U-L-L-A-E-V.

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All 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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This application is for use as a personal services in an existing structure, whereas the proposed use of personal services is prohibited in the RSA3 zoning district.

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Our vice chair has a few questions for you.

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Good morning.

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have you submitted your documents and exhibits five days in advance of this hearing yes i did

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and the chair read the refusal so do you um waive the reading of the refusal continually

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and simply to its accuracy yes okay thank you you can share your screen and proceed with your case

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sure so uh like my my property had a business it was a doctor's office since

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1973 which is like 50 plus years and when i bought it uh uh when i bought the house so i knew i you

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know i would be using that space for my wife because she does hair she does hair and makeup

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so and it was like it was owned by jacob lipsits and now i want to like convert into like a salon

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and it's going to be just my wife working there we will not hire other people and it's like it's

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going to be a low traffic business you know and even before me when there was a business here like

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I don't think people you know like didn't have any issues with it you know because it's been

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here for like a long time so I'm just trying to I'm just trying to you know why don't you start

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Let me start showing some photos and like drawings of the property.

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Is that okay?

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Yes, sure.

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I mean, we have all your documents.

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So let's see what it looks like and how you intend to use it.

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Okay.

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So this is the office.

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It has the personal work area.

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It also has a waiting area from the previous owner, which was the doctor's office.

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so we're going to have one chair in there and uh but like i do have uh i do have a like a white uh

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like a driveway like uh and uh where we can actually park two cars but like i'm gonna have

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the driveway for for the clients uh and you know after going to uh the the meeting like uh i some

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of the neighbors actually talked about parking so i took that concern seriously so i we also

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adjusted the hours of operation which is going to be from 10 to 5 you know which is like uh that's

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when everybody's going to be at work there's not going to be any truck there there will be plenty

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of parking so it will not affect uh any any anyone and uh i also have the pictures showing

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that you know during the day there's plenty of parking there because everybody's at work

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so this is already in operations here no not yet all right then i didn't i see a sign with a salon

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we did it to show you it's a yeah why don't you show us that when he shows that on the sign

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you know this one yeah so we we just did it to show you like it's chat gtp we don't have a sign

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there yeah we just create we just created it too

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yeah all right we just create we just created it to like uh give you like an idea we do have

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a separate entrance uh like a like the like the previous owners did so what happened when

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you went to the uh rco so when i went to rco like uh most of the people who opposed they

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you know there was because of the parking but this like we're not going to have a lot of people

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there it's going to be by appointments only so uh there's going to be one person at a time from one

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to three people a day like and it will not affect uh traffic or the parking spots at all and my wife

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like a like usually works like most of her income is uh can come from the weddings and like events

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So she's not going to be working here seven days a week.

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So sometimes like three days a week, sometimes two days, because she has to travel.

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If she has a wedding or any other events, she has to travel to other locations.

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And that's the main income she has, like the weddings.

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But on slow days, she will have some clients here.

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uh so and we're like it's going to be until uh we're going to finish the work at five o'clock

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because uh my kids have uh their sports they have their wrestling jiu-jitsu at six o'clock so it has

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to be done by five o'clock and uh we also live there like we'll we'll live upstairs so we want

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to make sure like at night like it's nice and quiet like we're not bothering any neighbors

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okay um and that's where the original doctor's office was yes okay all right questions from the

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board are there pictures of the interior that's the doctor's uh that's the doctor's office it's

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still in google go back and show the photos you had of the inside i saw you yeah you went through

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them quick yeah can we see the pictures of the interior yeah so interior we we didn't do anything

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yet because uh yeah i know but just show us what it is oh yeah sure look right okay sure

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there you go that's the office and there's yeah so and there's also waiting area that's the office

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that's the waiting area so we didn't do anything yet we were using this as a storage that's why

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the carpet is dirty but if we get the approval we will remodel we're not gonna make any major

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changes or like uh the everything is gonna stay the same we're just gonna remove the carpet put

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the laminate floors and paint the walls you know so and we're not gonna change anything

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to the structure of the building i don't i don't see bathroom where's the yeah the bathroom is

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it's one second there's a bathroom right there we do have a bathroom and it's the same level

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it's uh it's right like you walk out the the office and it's right there you don't have to go

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far okay and you're gonna put in shampoo bowls or what else are you gonna put in or you're gonna

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have dryers things like that is that what we're talking about here is she doing hair or is she

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she does yeah she does hair and makeup and if like there's no dryers anymore she uses that

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dyson fan which dries hair pretty quickly okay all right and you're saying it'd only be a couple

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of people maybe a day yeah one to three people yeah yeah if that because uh like i said the

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like she's usually not home like she's she travels to her clients like she does mostly weddings and

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it takes all day because uh when she gets there there's usually five to six people at least she

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has to uh service so that's why you know like she she will not make any appointments and this

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business is going to be appointments only so we will not be taking any walk-ins and so she travels

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to where the weddings are as opposed yeah or events like a sweet 16s or like you know all

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kinds of events you know so she does mostly you know those kind of clients okay and then um i

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guess well i guess since we're not talking about dryers i don't have to worry about exhaust that

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much but is that the only window in this space yes okay all right thank you yep all the questions

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all the questions questions from our attorney hillary emerson um so just i just wanted to

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questions from our attorney

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clarify a couple things um one so there's still there's still residential single family home

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that's existing above correct yes that's how you always been yep okay um and the so the refusal

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that was that l and i issued to you um one thing it it didn't have on it was a refusal for having

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multiple principal uses on a lot because on on this on a property that zones for residential

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single family you can you're only allowed to have one use um so that refusal should have been

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included on here it wasn't if the board grants um then that refusal will be included um

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um the I just want to know that the parking was also not referenced on there so I don't know that

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Ellen I will how Ellen I will look at the parking and also um there's no um request for signage on

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here so um there is some signage permitted um but if you want to go beyond this you'll need a permit

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for that and if you want to go beyond a certain size it was signed like after you know what i

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wanted to do is once it's approved i wanted to go to the city and get the permit because i don't know

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what kind of sign that would actually allow me to put put on there yeah no no there there is certain

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yeah there's certain um limits to what you can put on and if you want to do something beyond those

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limits that would be a separate variant so i just want to make clear that the that signage was not

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part of this application that will need to be a separate application to the city no we don't have

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a sign yet it's just uh you know like we just put put it there just uh it's like a chat jtp

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to you know to show you like the idea you know how this is going to probably yeah but the sign

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is not going to be that big you know um we will have the hours of operation it's not going to be

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lit up or eliminated you know so it's going to be just a point that's fine i just want to make

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sure you were clear that it's a separate process because some people think they can do it just

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once they get the variance for the use but it's a separate process i want to do everything by the

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book i'm going to go to the city i want to yeah i want them to tell me how you know how they want it

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to you know to be done sounds good sounds good all right thank you all right questions or comments

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from the virtual audience do we see anyone yes chair i have two hands up first hand

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alice yudovich i'm going to allow her to speak

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good morning alice

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Alice good morning chairman members of the board Alice Udovich on behalf of councilman

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Brian O'Neill just for the record please spell your name a-l-i-c-e last name is u-d-o-v-i-c-h

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

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I do.

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Please proceed.

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Chairman and members of the board, the Northeast was designed with many of these neighborhoods surrounded by small commercial strips.

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That is where the commercial is intended to be.

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This is a purely residential neighborhood, and I don't see that the applicant has presented any evidence of hardship as to why this cannot be used exclusively as residence.

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thank you very much for taking the time to call so we have another hand in the audience

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yes chair i have a hand up first name daniel last name starting with k they are being promoted to

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penalists good morning good morning everyone i could you please uh daniel could you turn your

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video on uh yeah sure um actually i would like to share my screen instead

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hold on could you please state your name and spell for the stenographer um yes my name is

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daniel commissar check a-o-m-i-s-a-r-c-h-i-k do you swear or firm to tell the truth told truth

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nothing but the truth my firm um are you a neighbor yes i live on the block okay

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do you want to start your testimony or yeah um i would like to share my screen if possible

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Sure. Can we get him to share his screen?

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Can we get him to share his screen?

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Can you share your screen yet?

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No, it says host is not allowing.

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Okay.

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We'll fix that in a minute.

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you should be coming in now all right you should be coming in any minute

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Okay. As I mentioned, I live on this block. Now, just to point out, I live on this block

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for about 15 years now. Ever since I moved in, the doctor's office was not functioning

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already at that time. Yes, there was a sign, but there was never a license

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fold according to public records, and this office was never operational, at

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least not in the past 15 years. So it could be that traffic situation was

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different 20 years ago, whenever the doctor was actually operational, but

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things are different now, and most families, I believe, own more vehicles

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than they did back in the days, back in the 70s, when I believe that the doctor lived there.

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In any case, so this is a brief list of concerns that I have composed. I spoke with a couple of

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neighbors that are attached to me and across from me, and that's pretty much what people are

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you know concerned about okay all right um we appreciate you taking the time to prepare this

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and we we um we'll take note of all your comments okay thank you very much just to point out um so

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yes um you know in the middle of the day um the block does look that way however um 5 p.m when

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when people get you know kids from school or when people get home from work um there

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is hardly any parking on the block that's uh you know if if if the picture would be

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taken after five that does not hurt what it would look like okay all right david daniel

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thank you very much anyone else in the audience no chair i see no any commission

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thank you chair sarah bond philadelphia city planning commission

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the comprehensive plan recommends no change the existing residential single family rsa3 zoning

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the applicant the appellant has not shown that the property cannot possibly be used in strict

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conformity with the zoning code and that a variance is therefore necessary to enable

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the viable economic use of this property okay thank you um

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the city planning commission recommends that the zoning board deny the variance okay thank you um

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Sir, we're going to hold the vote on this until next Wednesday.

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We will vote at 9.30 a.m.

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and we will have a discussion among the executive session.

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Thank you very much.

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Is there anyone in the audience whose case has not been called?

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I see.

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Sorry?

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I see you at the sound, too.

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All right.

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Thank you.

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Thank you very much, everybody.

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See everybody at 2 p.m.

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Who's your name?

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Who's your name?

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Who's your name?

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Jeff, I'm writing a paper.

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Great.

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