civus
Hearing video

ZBA Hearing - November 13, 2024

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

The rest of the documents are, again, what you would typically see

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in a presentation such as this.

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Here's our tax clearance.

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Zoning map, again, indicating a single family living

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on that particular area of 17th Street on the west side.

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This is a deed indicating ownership.

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Notice letter to all the neighbors, certificate of mailing.

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And this is the zoning record we're able to locate in public records, indicating 522 South 17th Street.

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This was a teardown.

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This is 1959.

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There hasn't been anything on this lot since that time, and it's been used for parking for as long as anybody can remember.

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I can't testify under oath that it was used as parking in 1959.

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But if I had to bet, I would say it was because of parking is tough in the area.

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So in conclusion, I'm really just asking the board to look at this as maintaining the status quo.

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There's been a curb cut there for many, many moons.

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Cars are parking there now.

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The community group, I'm not saying it was an illogical decision,

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But I don't know if it was totally rational, being that that curb cut has been there for decades.

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There's a sign in front of it indicating no parking.

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As I said, the garage will be less obtrusive than is the current situation where you have a cyclone fence.

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It opens out into the sidewalk, blocking passersby.

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A garage would be easy access in and easy access out.

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We're not affecting anyone's light or air, any development of adjacent properties.

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It's in harmony with the code.

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It's in harmony with the neighbor support on the block and in surrounding areas.

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And again, I'm just looking for the status quo to remain as is.

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The only thing that's different is cars are going to be parking inside rather than outside.

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And with that, I'd ask my client to unmute himself, Robin, if you can, to adopt my testimony.

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Sir, could I please, could you please state your name and spell for the stenographer?

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Excuse me, Mr. Chairman, I see a Colin Conway.

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Or Mr. Conway, Robin, or Colin Conway is also a principal, Mr. Chairman of the LLC.

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Thank you.

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Hi, this is Colin Conway, C-O-L-I-N, C-O-N-W-A-Y.

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I'm actually here with Robin Berua, business partner.

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Yes, this is Robin Barua, R-O-B-I-N, B as in boy, A-R-U-A.

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Yes, this is Robin Berua, R-O-B-I-N.

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Do you both swear or affirm, tell the truth, the whole truth, and nothing but the truth?

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Yes.

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One other thing, Mr. Chairman, I do have streets approval, which here it is right here.

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I neglected to bring that out. We not only have a paper copy, but also we have a plan

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stamped with streets approval for the turning radius of the vehicle. So, Robin and Colin,

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did you hear my testimony when I presented your project to the board? Yes, we did. And if you had

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the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Absolutely. Thank you, gentlemen. Thank you. Henry, your only refusal is the off-street parking.

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That's it, Mr. Chairman.

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Okay.

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Questions or comments from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Just briefly, Mr. Chair, because I wanted to, with the changes that were proposed with the tree and the planters and the revised plans,

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I just wanted to make sure only streets approval was needed for that, and that was confirmed to me by L&I.

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So if the board is inclined to grant, there is one page of revised plans and streets approval would be required of those plans prior to permit issuance.

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Thank you, Ms. Emerson.

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You're welcome.

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Questions or comments from the virtual audience?

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I see a hand up from Breonna Wakefield.

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I have not heard of you speak.

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and good afternoon mr chair good afternoon you just state your name you've already been sworn

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brianna wakefield and please proceed thank you mr chair council president johnson does not oppose

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this project thank you very much for taking the time to calls we appreciated it uh anyone else

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in the virtual audience yes i'm marcus ferrera i've allowed them to speak why could you please

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state your name and spell for the court stenographer hello marcus ferrera m-a-r-c-u-s

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f as in frank e-r-r-e-i-r-a you swear or affirm to tell the truth the whole truth and nothing but

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the truth i do are you a neighbor sir yes 1620 south street please proceed sir i i'm also the

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We chair the South Street West Business Improvement District.

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We are a RCO that covers this area.

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We, along with CCRA, oppose this project because it perpetuates a lower pedestrian hostile use that has been existing since 1959.

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where what we really want to do is start recovering from the injury to the streetscape that has occurred as a result of years of disinvestment

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where the Cross Town Express went and the redlining south of Pine Street.

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Our neighborhood has been devastated, and we're slowly rebuilding.

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And one of the things is we're trying to remove the jagged teeth in the area so that it becomes more integrated and pedestrian friendly.

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And there's no hardship here where this developer can simply build a house with a front stoop like all the other houses on 17th Street.

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The attorney for the applicant pointed to other addresses that happen to be on 17th Street, but the garages are not on 17th Street.

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they face the smaller streets. I forget if it's Rodman or not Dane. So the actual barrages

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do not face, they're not on 17th Street. As for the street tree, you cannot put a tree in front

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of a door, and also per the new regulations, you cannot put a tree to 10 feet on either side

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of the door. On the property to the north, when I walked by, I saw the PA one call lines and they

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go right where you would hope to have a tree well on the property to the north. So there's no way

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that you could put a street tree there. However, there were clearances in the subject property

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um where you would be able to put a tree so to say that you could put a tree in the property

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to the north pending streets approval yeah that's a nice theory but the reality is and i tried to

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and i tried to raise this at the ccra meeting is that the reality is he can't because there's

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raise this at the ccra meeting is that the reality is you can't because there's

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utility lines under there as seen uh on the day that i walked by in advance of the ccra meeting

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approximately one month ago um so i i urge the the the board to to uh vote no on this this property

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can be easily built at right as of right um with uh you know front stoop like every other residential

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address and they can make a nice profit on it in center city and this will also improve uh

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pedestrian access to south street west the corridor and the bus stop which is uh the number two uh

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right there at the corners uh 17th and south thank you mr chairman can i address that

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mr ferrera thank you for your input we appreciate it you can yeah henry chairman this is 17th street

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looking towards Center City. My client's property is at 522. Here's one, two, three garages that

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front on 17th Street, which is contrary to what Marcus just said. So I understand the position,

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but this curb cut has been used for decades. And again, we're adding a house and whatever

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pedestrian thoroughfare was used in the past, it will just be used in the same manner,

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but less obstructive than what we have right now where a cyclone fence is lifted out onto the

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sidewalk and bars people from walking by, which a garage would not do. And it's consistent with

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what is three garages that are less than a block away on the other side of South Street.

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Is there anyone else in the virtual audience that has a comment?

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Yes, Mr. Wade Albert. I will have them to speak.

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Hi, Mr. Albert.

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Could you please state your name and spell for the stenographer?

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Sure.

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First name is Wade, W-A-D-E.

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Last name is Albert, A-L-B-E-R-T.

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Fair or firm to tell the truth, the whole truth, nothing but the truth.

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Yes, Mr. Chair.

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Please proceed.

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Thank you.

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So I'm speaking on behalf of the Center City Residents Association.

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And I spoke with or I emailed Mr. Clinton and I explained the basis for opposition.

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And I could confirm that he presented that accurately.

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I just wanted to point out that with regard to the issues, well, our concerns about the garage, this property that the subject of this application is north of south, and there are no garages on the 1700, or on the, on 1700, on south 17th street, rather, north of south street.

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the picture that's before the board right now is south of south street uh so we opposed uh this

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project because we we thought that the plans were out of character with context of that particular

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block that's at issue um and um but i do however appreciate um that the that the applicant has

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proposed the plans uh to eliminate the um the uh the other refusal thank you thank you very much

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for taking the time to call.

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Is there anyone else in the virtual audience?

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No further answer, Mr. Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in zoning

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at this location from the existing

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single-family residential RSA 5.

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The appellant has not shown that there are unique

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physical circumstances or conditions

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that would prevent the property from being used

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in conformance with the zoning code

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for parking requirements.

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The Planning Commission recommends that the Board deny the requested variance for off-street parking.

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Thank you. MI 2024, 00554, 522 South 17th Street. I vote yes. Hillary, do we have revised plans here?

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so we have revised we have one page of revised plans but if the if the well yes but if the if

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the tree is that's on the plan i believe there is a tree on the plans am i right mr clinton yeah

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the tree is on the adjacent property though at 520 oh okay okay that's fine so it's the planners

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that are actually on the the the property itself correct or in front of the property itself okay

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all right that's that's fine so yes revised plans one page um stamped by the zba today and then um

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streets department approval of revised plans prior to permit issuance

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revised plans one page stamped um 11 13 24 and streets has to approve prior

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Michael Johns, my vote is yes with provisors.

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Cheryl Gaston, my vote is yes with provisors.

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Senator Graham, my vote is yes with provisors.

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i win my vote is yes with provisor thank you mr clinton thank you mr chairman members of the

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Ayewen, my vote is yes with provisors.

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Ishmael Shaheen, my vote is yes with provisors.

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board have a great night is there anyone in their virtual audience whose case has not been called

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i do not see any answers wait a minute we're going to take a

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Mr. Chair, I'm sorry to cut you off, but I see

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Tamika McCoy, Esquire.

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I believe, Mr. Chair, I believe all of these individuals

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who are raising their hands are on the 3.30 list,

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which we will start shortly.

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I saw McCoy's name on there.

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Give us a five-minute break. We'll be back, and we'll go right to the list.

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Thank you.

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Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing this 3.30 meeting.

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Before I do, beginning, here's an announcement we have.

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Beginning with the December 4th hearings, any documents or other information that parties wish to submit to the ZBA for hearings,

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must be submitted through the ZBA's new online upload tool, ZBA Case Document 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 parties should be submitted at least 48 hours prior to the hearing

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to allow sufficient time for processing.

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

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and not through the upload system.

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Requests for continuances, withdrawals, reconsideration, and amended refusals,

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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,

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please contact RCOZBA at phil.gov.

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Today is our Vice Chair, Ismail Shahid, President, Mr. Chair.

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Our board member Cheryl L. Gaston, President, Mr. Chairman.

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Our board member Tanetta Graham, President, Mr. Chairman.

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Our board member Michael Johns, President, Chairman.

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Our board member, Taya Nguyen.

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Present, Mr. Chairman.

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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.

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With your participation, you agree to be recorded.

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The video will be available by contacting...

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Hold on.

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by contacting zbaexecutivedirector at phila.gov.

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For our corporate stenographer, we ask attorneys and witnesses

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to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand

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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 address and the address of the property in question.

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And finally, the question answer box on the screen

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is not for testimony. All comments or questions should be directed to our executive director,

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ZBA Executive Director at phil.gov. Let's look at our schedule for this afternoon.

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Number six, MI 2024-004-351-2420 Wesley High Avenue. That case is continued.

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Number seven, MI 2024-004-851-1409-13 Fitzwater Street. This case has been continued by the board. Any other requests for continuance?

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good evening mr chair this is jason hand i am your calls for the session

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i did see a hand up but um it has since gone down now so you may continue okay okay thank you

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so mi 2020 number one mi 2023 sorry mr chair it's it's back up a hand by strawberry mansion

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community concern. Thank you. Mr. Sokoloff, could you come on too, please?

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thank you mr sokoloff could you come on too please they've been allowed to speak

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i think i think who is uh miss cummings on yeah

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miss cummings you've already been sworn just for the record state your name bonita cummings okay

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mr sokoloff

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