civus
Hearing video

ZBA Hearing - November 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 13, 20247h 40m

available as a witness. Our Vice Chair has a few questions. Yes. Good afternoon, Counselor. Do you

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agree to waive the reason of the refusal or stipulate to its accuracy? Yes, we do. Have you

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emailed in all the required documents and exhibits as needed to proceed for this case five days in

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of Anthony's hearing? Yes, we have. Thank you, counsel. Please proceed. You've already shared

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your screen. Okay, thank you. I'm going to borrow a reference to Mr. Jinn's presentation. This is

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almost an identical presentation to Mr. Jinn. This is a property that Hervey bought.

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Let's see, the deed was, let me scroll down to the deed, the refusal. He bought this property in 2022

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in September. He believed

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as Heavy Remodeling LLC,

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he believed the history

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of the property when he was told that it was

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a duplex. This was originally

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built as a duplex

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back in, I'm going to

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scroll down here,

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in the 60s.

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And

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he shows the photos of it as you're talking.

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Yeah, let me go back to, well, let me, it's clockwise, I guess.

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Okay, so you bought this property, and the neighboring property was also a two-family and so forth,

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and this was set up as a beginning renovation of the property.

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This is the property across the street.

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This is the property at 5538, we're at 5530.

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is his two family. So 5530, he believed was appropriate as a duplex, but it was not. He

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started the renovation, this is the rear yard, and this is the front. So he started the renovation

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and the family was moved in. He went to get the rental license for two units. They said, no, no,

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this is still an RSA 5, a single. So he had to get a zoning variance to put in a second unit here

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and so forth. So right now it's essentially been both constructed as to one unit and under construction.

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uh both constructed as to one unit and under construction to be finished as the second unit

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but that being said uh let me see if i can

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okay blow this up

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so what he's doing here and he initially uh this is a basement and two-story property he wants

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the and he's begun and i had some photographs of the interior

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All of this construction and so forth in the basement is just set out of storage and so forth. No living quarters to be in the basement. Now, I talked to Herve after Mr. Jinn's presentation, and I said, look, these bedrooms are small.

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Would you agree to make a larger one bedroom than Hervé has agreed that if the board accepts this, that they would have a proviso of making each floor only one bedroom?

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Because right now they're 112 square feet up to 177.

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They do have closets and they do have exterior windows, but it's still, as the board member has noted, they're going to be smaller bedrooms and so forth.

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So this is what it looks like in terms of the architectural plans.

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I do have some.

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Let me put those up and see if I have those.

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Okay.

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This is the interior photos that we were asked.

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They each have, I don't know what that is, and some of it has not been completed and

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so forth.

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This is the basement area, which is not going to be a living area.

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That's where the storage is.

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That's where the utilities are and so forth.

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This is a unit that's been completed. It has a completed kitchen and bathroom and so forth. But he's asking that this be approved as a duplex. We sent out all the notices to everybody. I'm thinking we sent out 154 notices.

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The only people who appeared at the hearing were members of the community board and so forth.

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They said that they preferred to have this as an RSA 5 single family.

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That would be problematical in terms of, you know, having to reconfigure it now, have separate entrances off of the porch and so forth.

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The bottom line is, is that.

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Could you show the front porch?

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Yeah, sure.

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let me uh oh i am front porch is on let me get the

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uh let me get

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okay let me see what we got here

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can you go right to the photos please those are the notices you sent on 154

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and we did that you know i'm coming down with photographs here

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are there two separate entrances on the front porch i don't see that yeah entrances are

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split after you come in. This is the front porch. Oh yeah, but I thought you said there was two

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entrances on the front porch. No, off of the front porch, I'm sorry. The entrances as per the plan

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show that there's an immediate entrance into the first floor as you come in, this entrance right,

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and then there's a stairs going up with a separate entrance for the second unit. That's

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shown on the plans that were here before. This is a rear yard. How many duplexes on that block,

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mr perry uh only two that i could find the 5538 and while i was in this block i was on the same

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side of the street and then 5530 was originally set up as a duplex this is across uh from 5530

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this is a multi-family uh this is also this block but there's a street you know a small street in

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between i got it why don't you bring your client on please yeah sure hervey are you there can you

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raise your hand this was 55 34 so that was a duplex so 55 30 has been built 55 34 55 38 were

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duplexes uh tax clearance you there herve yes i'm here okay could you please state your name

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is spelled for the sonographer? My name is H-E-R-V-E, last name O-N-U-O-H-A.

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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. And Hervé, did you hear my presentation about the

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existing units and the construction that's underway? Yes, I do. Okay, and was it true

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and correct as far as I presented it? That's true, yes. Okay, and would you adopt it as your

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And would you adopt it as your own testimony if you testified under oath?

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own testimony if you testified under oath? Yes, I would have.

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Yes, I would have.

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Okay. Is it true that you heard Mr. Jinn's presentation about making sure there's no living quarters in the basement and making each unit one bedroom as opposed to two bedrooms?

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Yes, we discussed that. Yes, I heard him.

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Would you agree to a proviso to modify your plans accordingly?

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Yeah, I would. Yes, I would definitely do.

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Okay.

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And all the bedrooms have closets and windows as well, correct?

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That's correct.

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And the units have separate entranceways after you come in off the porch?

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Yes, that is correct.

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Okay.

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That's the presentation.

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I can answer questions.

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You too?

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Questions from the board.

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Yes, I have a couple of comments, actually.

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This is a great photo because it shows an entrance to the basement that doesn't have a window next to it.

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But then there's a later photo that shows the entrance to the basement with a window clearly right next to it.

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In addition to that, the floor plans that you presented show the basement with a full bathroom.

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So I'm getting, it doesn't seem genuine that there's no intention that there would not be a living space in the basement.

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Yeah, we definitely want to restrict that.

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This property was bought as already under renovations by Herve in 2022.

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And so a lot of the plumbing and everything was already in, but he intends.

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So this photo, I don't mean to cut you off, sorry.

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So this photo is from when?

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No, we just took the photos.

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The board asked us to present the photos.

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So some of these photos were from before, and some of them were just from the last week.

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You say before.

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What does that mean?

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Herve, do you know these photos old?

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May I ask?

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Yes.

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When I purchased the property, the original owner already done majority of the work.

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I'm a licensed contractor in Philadelphia for about 13 years.

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So it's when I came in, I purchased the prize and I purchased the building.

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And when I was going to LNI to get the curb, that's when I realized that this was changed in 2009 from two units to single units.

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The bathroom in the basement and everything was already existing there.

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So what we did is just do the cleanup and painting and knowing very well that once we go through this running, we will be able to get the permit.

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No, there is no intention of using the basement. It's for the storage, you know, such as bicycle equipment, snow equipment and all that.

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So you put the window in next to the door?

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No, that's existed.

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So that's my question. So when was this picture taken?

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this picture is a window next to the door that then you show a picture later on that shows

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i'm not sure if it's the same building because for the existing forever is always have the

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window and you can you slide down to the to the other photos please oh that's a separate photo

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let me put those up there that's not my that's not the building this is example of other one

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that one street is not okay okay this is it here this is what they uh space the basement you see

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a window here no that's that's not a window in the basement that's a no no the pictures you have

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pictures of the front of the building that's all i'm trying to mr perry he wants the picture from

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the view outside yes this is not no that's not the house this is not the house mr perry sure

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55 30 master street yes that's what i'm saying this is not sure this is not the same picture

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that we just saw before there's nothing this thing been existing even that window is part is broken

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that's how it existed okay i have done work i have no more questions any other questions from

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the board yeah i have a question so when you when you purchased a property you had a kitchen in the

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on the second floor and the first floor yes ma'am but unfinished and even when we went when i called

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the people they was able to put only the first floor or electricity yes man that's that's true

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or electricity yes ma'am that's that's true that's they have that already

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that's

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other questions from the board

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questions from our attorney hillary emberson

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not at this time mr chair questions or comments from the virtual audience

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i do not see any further answer mr chair planning commission

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thank you chair bergman

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uh in 2021 the zoning map was amended to rsa 5 at this location in accord with recommendations

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from the comprehensive plan the proposed use with documented excuse me the proposed use is

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consistent with documented prior use of this property the city planning commission recommends

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that the zoning board grant the variance uh mr perry i'm going to hold a vote on this till

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next wednesday at 9 30 a.m okay we're going to have a chance to talk to the other board members

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but we will vote next wednesday at 9 30 a.m thank you very much okay thank you um sure all right

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is there anyone in the virtual audience whose 9 30 case has not been called

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i do not see any hands mr chair okay see everybody at 2 p.m thank you thank you

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Good afternoon, everyone. My name is Bill Berger, and I will be chairing this afternoon's meetings.

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Before we start, beginning with the December 4th hearings, any documents or other information that parties wish to submit to the ZBA for hearings must be submitted through the ZBA's new online upload tool, ZBA Case Documents Submission.

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Information about how to access and use the submission tool will be included with hearing notices and zoning posters.

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Please note that the applicant's documents are due five calendar days prior to the hearing.

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Documents submitted by any other party should be in at least 48 hours prior to allow sufficient time for processing.

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In addition, the following information should continue to be submitted through email only.

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and not through the Upload Tool, requests for continuances, withdrawals, reconsiderations,

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and amended refusals, as well as requests by attorneys to enter or withdraw appearances.

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If you have any questions about the ZBA Case Document Submission Tool, please contact

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RCOZBA at phil.gov. Thank you. With me today is our Vice Chair, Ismail Shahid.

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President, Mr. Chairman.

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Our board member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our board member, Tanetta Graham.

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Present, Mr. Chairman.

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Our board member, Michael Johns.

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Chairman.

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And our board member, Taya Nguyen.

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Present, Mr. Chairman.

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Thank you.

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Also present is our attorney, Hillary Emerson, and our executive director, Ian Haggerty.

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Here's our virtual format.

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The proceedings are being recorded. With your participation, you agree to be recorded.

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A video will be available by contacting ZBA Executive Director at phil.gov.

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For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating via phone, press star 9 to raise your hand and star 6 to unmute.

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

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and the address to the profiting question. Finally, the question and answer box on the

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screen is not for testimony. All questions should be directed to our ZBA Executive Director at

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phil.phil. Let's look at the days this afternoon's schedule. Number seven.

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7. MI 2024-004-765, 1624 North 26th Street. That case is continued.

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Number 13.

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I 2024 005 526 that case 406 to 08 Jefferson Street that case is continued attorney moving party.

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Are there any other requests for continuances?

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Good afternoon, Mr. Chair.

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Good afternoon, Mr. Chair. This is Jason Hand. Once again, I will be the co-host for the day.

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This is Jason Hand once again.

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I have a hand up from Ms. Lisa Clark. I have allowed them to speak.

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Why could you please state your name and spell for the court stenographer?

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Hello, can you hear me?

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Yes, I can. Please state your name and spell for the stenographer.

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Lisa Clark, L-I-S-A-C-L-A-R-K.

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

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Yes, I do.

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What case are you interested in?

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This is the case from the House on 5222 West Columbia Avenue in Philadelphia.

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That's number 15 on the list, Mr. Chair.

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You?

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Could you tell me what's your issue with the case?

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are you ready to go on lisa i'm i'm trying to get to my um i can't get to it my um

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