civus
Hearing video

ZBA Hearing - May 1, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 1, 20245h 10m

Thank you.

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okay chair we have 47 attendees thank you good morning everyone my name is bill bergman i will

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be chairing this morning's meeting with me as our vice chair ismail shaheed president mr chairman

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or board member james snell president mr chairman and also leonard lebaron leonard palmer from the

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Division of Development Services, will be serving as our alternate board member this morning.

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Good morning, Mr. Chair.

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Here's our virtual format.

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Proceedings are being recorded.

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With your participation, you agree to be recorded.

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A video will be available by contacting TanyaSunkett at phila.gov.

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Our attorneys and witnesses should identify themselves before testifying to our court

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reporter.

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If you're participating by phone, please 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.

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And finally, the box on the screen is not for questions and answers.

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All comments should be referred to our Executive Director, Tanya Sunken.

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Let's look at today's schedule.

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Mr. Chair, this is Hillary.

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I just want to clarify one thing on the Q&A.

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We don't want people testifying in the Q&A, but they can ask questions.

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Yes. Thank you.

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Thank you. Okay.

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Number three.

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Hold on a minute here.

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Number three, MI 2023-002-227-7923 Charles Street.

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This case is continued.

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Number nine, MI 2023-003-996-5400 Valley Avenue.

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That case is continued. Number 12. MI 2023 is 006-937-351 East Mount Pleasant. That case is

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continued. Mr. Chair, this is Hillary. It was my understanding that the attorney was going

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to appear this morning and put in the official continuance request. Thank you. Mr. Crick.

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Good morning, Chair. This is Yvette Benton. I'll be your co-host for today. Thank you.

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Justin Crick has been unmuted and allowed to speak. Good morning, Mr. Crick. Could you please

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state your name and spell for the court stenographer? Yes, Justin Crick, J-U-S-T-I-N.

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Last name is K-R-I-K. Do you swear or affirm to tell the truth, the whole truth, and nothing but

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the truth. I do. Please proceed, sir. Yes, members of the board, I represent the applicant

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for 351 East Mount Pleasant Avenue, and we are just wanting to put on the record a request for

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continuance to continue to work on the application and amend in accordance with some comments from

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the RCO meeting. Thank you, Mr. Crick. So MI 2023-006-937-351 East Mount Pleasant Avenue,

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that case is continued. Thank you very

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much. And then number 17.

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MI

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2023

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006954

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4864

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Lancaster Avenue.

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There's a request from

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the RCO for a continuance.

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Is David

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Williams in the audience?

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David Williams, if you're in the virtual audience, please raise your head.

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I see no one by that name, Chair.

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How about Dream Chasers, LLC?

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I see no one in the audience by that name, Chair.

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Thank you.

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MI 2023-006-954-4864 Lancaster Avenue.

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MI 2023-006-954-48...

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That case is continued.

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Mark must be heard.

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Any other requests for continuance?

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Chair, we have a B to you.

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They have been unmuted and allowed to speak.

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Okay.

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Hi, I'm just here to request continuance.

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Good morning.

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could you please state your name could you please state your name and spell for the stenographer

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oh sure it's michelle u-m-i-c-h-e-l-l-e-y-o-o sorry mina's my middle name

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hold on hold on one minute um what case is that

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hillary that is number two mr chair did you swear her in

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uh i thought i did but i'll do it again please state your name and spell for the court stenographer

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yes okay michelle you m-i-c-h-e-l-l-e-y-o-o right do you swear or firm to tell the truth

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the whole truth and nothing but the truth i do you're requesting a continuance yes okay um

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So this is the third listing. We're going to continue one more time and we're marking this must be heard. OK.

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OK. All right. Thank you. Miss you. I just had a question. You're the listed applicant.

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The property owners are Edwin and Esther. You. What is your relationship to them?

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I'm their property manager. You're their property manager. OK.

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so are they the ones that are applying for the variance um well i i set up the application

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um but but you don't own or rent the property is that correct no okay so they are the ones who will

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need to appear um or an attorney on their behalf if they do not wish to appear themselves um to uh

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to to ask the board for their variance okay you cannot do that for them as their property owner

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because you are not an attorney I see okay thank you I will thank you all right so MI 2022 006

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992 711 South 23rd Street cases continued mark must be heard any other question request for

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continuances. Chair, we have a phone number ending at 3552. Caller, please unmute yourself

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and wait for the chair. I could you state your name, please, and spell for the stenographer.

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Yes, my name is Adrienne Fernandez. My last name is spelled F-E-R-N-A-N-D-E-Z.

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

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yes what case 31 30 north 24th street it was must be heard

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yeah so um i'm i'm getting to that i haven't got to that yet that's

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what's no exhibit second listing so i haven't got to that yet okay

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Okay. Can I just request on behalf of Swampoodle RCO and also of a community action group RCO, we're asking if the board would consider another continuance because we think the applicant is having some problems and we have not heard from them, but we do have contact with them.

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All right. Thank you. Thank you for your call.

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okay let's go back no other continuances so number one and I chair um excuse me we have

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other hands up okay we have Vern Anastasio they have been unmuted and allowed to speak

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good morning Mr. Chair good morning counsel could you just state your name and spell for

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this stenographer Vern Anastasio A-N-A-S-T-A-S-I-O on behalf of Mr. Kendall Singleton for

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6809 Woodland Avenue. Do you swear or affirm to tell the truth, the whole truth, nothing but the

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truth? I do. Okay, so this is the sixth listing. I know, Mr. Chair, and the RCO had requested that

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the council office intercede here and request the continuance because we have come to an agreement

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and it's just a matter of putting it into writing.

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So I know it's unusual.

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I don't like to ask for more than a few continuances.

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But assuming that Franz from Council Member Johnson's office

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johnson's office is not behind me in line to request it i did want to put it out there

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is not behind me in line to request it, I do.

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as well all right thank you so am i 2021 mr share um i do see a hand from um mr pierre as well as

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mr meladosian okay all right pierre has been unmuted and allowed to speak

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good morning sir could you please state your name and spell for the stenographer

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mr pierre please unmute yourself

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good morning everyone can you hear me good morning yes could you please state your name

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and spell for the stenographer yes that's france pierre that's f-r-a-n-t-z last name pierre p-i-e-r-r-e

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes please proceed sir yes thank you mr chairman uh so we do as a council president uh district

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office we do uh confirm or affirm uh the continuous request by um uh vernon attorney

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vernon and vernon anastasio my apologies and the coordinating rco for the appeal thank you very

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much for taking the time to call us. We appreciate it. Mr. Melodosian, is he on? Yes, he's unmuted.

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

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Good morning, Chair Bergman. Craig, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-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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I do. Please proceed. And I wanted to make the point

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that the RCOs, the Southwest Philadelphia Consortium of RCOs, is the group that's making

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the request for the continuance after discussing with counsel. So I don't want you to be annoyed

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with them trying to protract it. We're struggling to get an agreement and we think we're at that

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point at this time. All right. Thank you very much. Thank you. Sure. So MI 2021-004-387-6809

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Woodland Avenue. Case is continued. Mark must be heard. Let me go to number six here.

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uh so number six mi 2023 002857 1720 west ontario street this is the second listing we have no

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exhibits. Chair, we have Darlene Threatt with their head up. They have been unmuted and allowed

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

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Good morning, Commissioner. Darlene Threatt, D-A-R-L-E-N-E, Threatt, T as in Thomas, H-R-E-A-T-T,

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45 East City Avenue

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Do you swear or affirm

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Okay, do you swear or affirm to tell the truth

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The whole truth and nothing but the truth

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I do, Commissioner

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Are you the attorney for this case

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Commissioner, I am representing

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Ms. Cadelio and

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Florida's Rental Management

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I had conversations with Ms. Cadelio

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It was my understanding that all of the

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Exhibits had been submitted into evidence

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Alright

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Hillary, do we have that

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um we have not seen um the exhibits i mean unless they were submitted for prior hearing

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but in that case we would still need updated exhibits um we did receive an email from miss

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cadillo um indicating some sort of confusion with the hearing date um but we do not we do not have

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what we need to proceed at this time oh commissioner i have prepared an independent

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package, which contains all the exhibit. If allowable, I can shoot it over to you and we can

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go into this list and I am ready to present today.

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I think we're going to continue this. All these cases, we at least try to have some time to really

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review it. So we're going to wind up and take this case. Okay. So number six, MI 2023, 002-857-1720

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West Ontario Street. Cases continue. Mark, must be heard. At number eight,

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MI 2023-002-864-3130 North 24th Street.

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3130 North 24th Street.

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Leslie Powell is the applicant.

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Leslie Powell, if you're the virtual audience,

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please raise your hand.

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Chair, Mr. Anastasio has his hand up.

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Good morning, counsel.

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Good morning, Mr. Chair. My hand was up not for this case, but for yet another continuance request.

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Okay, not 24th Street.

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That's correct.

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Okay, thank you. Let me handle this one first. Thank you.

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So, Leslie Powell's hand is not up?

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No, Chair. I see no one in the audience by that name.

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Okay, so MI 2023, 002864, 3130 North 24th Street, cases continued. Mark must be heard.

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Mr. Anastasia, do you have another continuous on this list?

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Yes, sir. Just one more. 133 South 60th Street, Mr. Chair. We did, in fact, it's the first listing.

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we did, in fact, meet with the RCO, there were some concerns that we'd like to address before

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proceeding. Hillary, where's that? That's number 15, Mr. Chair. Exhibits have been submitted,

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but Mr. Anastasio is now submitting a continuance request. Thank you very much.

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Thank you. So MI 2023-006-947-133 South 60th Street. That case is continued. Mark, must be heard.

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Thank you. Okay, thank you. So we're going to go to our list. We're going to start with number 18.

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MI 2023-006-963-2463 North Colorado. Radon Hall is the owner applicant. This is a process.

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Braden Hall is coming back and is a panelist now chair okay

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good morning Mr. Hall good morning Commissioner all right could you please state your name and

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spell for this stenographer? My name is Ray Downhall Sr. That's R-A-Y-D-O-N, last name H-A-L-L,

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Sr. All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do. This application is for use as a personal care home in an existing structure.

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The proposed use personal care home requires a special exception approval in the RSA 5 zoning

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district. There is a letter of support from all in the family CDC with a proviso of only two

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applicants. Our vice chair has just a few questions. Good morning, sir. Have you emailed

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in all the required documents and exhibits that is needed to proceed with this case five days in

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advance of this hearing? Yes, I have. Thank you. Please proceed and share your screen.

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Oh, there it is.

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okay sir you could start talking now okay okay the purpose of opening my

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personal care home is to provide a clean safe and care and caring residents for

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individuals with high functional disabilities the clients will be 18

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years and older, they will be either high functional individual with disabilities or

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veterans that need assistance with activities of daily living and instrumental activities

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of daily living.

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The service will include assistance with ADLs such as cooking, cleaning, minimal transferring

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in and out of bed, of chair, personal hygiene, securing and managing health care, and self-administering

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medication, assistance with IADL, such as doing laundry, shopping, securing.

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IADL, such as doing laundry, shopping, securing and using transportation, using a telephone, making and keeping appointments, care for personal possessions, engaging in social and leisure activities and obtaining and keeping clean seasonal clothing.

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The home will include a recreational space for items such as books, magazines, puzzles, and crafts.

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We will include activities such as board games, card games, and bingos.

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We intend to have three to four employees.

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The direct care staff will have a high school diploma, GED, or active register status on the PA nursing aid registry.

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The home will also have an administrator who will be responsible for the administration and the management of the home.

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This will help the community by bringing jobs opportunities to this area.

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