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Hearing video

ZBA Hearing - May 26, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 26, 20215h 28m
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Cases heard in this hearing

Properties heard at this hearing

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

you and uh just give it a second on mr jachico

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Thank you.

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okay chair we're at about 44 people here attendees you can go forward thank you good morning everyone

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my name is frank de chico i'm the chair of the zoning board of adjustment i'll be participating

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in today's hearing, along with our Vice Chair, Ms. Carol Tenere, Board Secretary, Confessor Plaza,

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and Board Members, Mr. Thomas Holloman and Mr. James Snell. Board Administrator Yvette Benton

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and our Attorney, Ms. Sharon Saleta, are also in attendance. For those of you who haven't yet

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participated in one of our virtual hearings, I'll go through some of the basics of what you can

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expect first we will be administering oaths to individual participants prior to their testimony

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second we'd like to advise everyone that this proceeding is being recorded and that by

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participating you acknowledge your agreement to be recorded and that the recording will be

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made available to the public on the web or otherwise third for anyone participating by phone

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if you wish to testify you must raise your hand by hitting star nine and then star six to unmute

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yourself. I'll repeat. For anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star nine and then star six to unmute yourself. Finally, to enter an

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appearance statement, call Google 267 -270 -5548 and leave your email address and the address

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of the property at issue i'll repeat for anyone participating by phone if you wish to testify

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you must raise your hand by hitting star nine and then star six to unmute yourself

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and i made a mistake when i apologize to enter an appearance statement called google 267

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270 -5548 and leave your email address and the address of the property at issue

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I'd also like to remind everyone, please do not attempt to testify in the chat, or any and all comments should be directed to our Board Administrator, Ms. Benton.

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With that, I will read a list of cases that have been requested to be continued on the 930 list.

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number 13 mi 2021 that's 000457 7226 oakley street and uh i think that was it so far

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if anyone disagrees with that continuance please raise your hand

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no chair we have a jocelyn clark with her hand up

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miss clark you can unmute yourself and speak now good morning miss clark please spell your first

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and last name and i'll swear you in my first name is jocelyn j -o -c -e -l -y -n last name clark

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c -l -a -r -k you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes and you are here calling in reference to what case 22 the case i'm sorry 22 30 west ontario

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i need to open my it's number six on your list thank you are you requesting a continuance

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I already had requested a continuance and this is my new date perhaps I misunderstood yeah you'll

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we'll get to your case next I'm so sorry I I missed no no no worries no worries we'll get

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No, no worries. No worries. We'll get to your case in due time. You're number six on our list. Right now, we're asking if anyone objects to the continuance for 7226 Oakland Street.

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to your case in due time you're number six on our list right

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And if no hands are up, I will now ask, is anyone requesting a continuance or withdrawal? So please raise your hand.

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Chair, we have Vern Anastasio.

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Mr. Anastasio, you can unmute yourself and speak now.

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Morning, Mr. Anastasio. Please identify yourself with the records, spell your last name, the first and last name, and I will swear you in.

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Good morning, Mr. Chairman, members of the board, Vern Anastasio. It's V, like Victor, E -R -N, like November.

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The last name is A -N -A -S -T -A -S -I -O, 1315 Walnut, Suite 1006, Philadelphia, 19107.

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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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Thank you. Please proceed.

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Mr. Chair, I was hoping to put this case on today, but it turns out I'm going to need to ask for a continuance, 1553 North Marston Street.

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Okay. MI 2021 -000463 -1553 North Marston Street is continued.

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Thank you.

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Thank you. Any other requests for continuances or withdrawals?

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there are no hands at this time chair okay with that carol we're going to move number 14

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yes okay calendar number 055748 south cleveland street the attorney is rachel pritzker

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rachel's been promoted to panelists

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hi rachel can you put your name and address on the record and spell your last name please

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yes rachel r -a -c -h -a -e -l pritzker p -r -i -t -z -k -e -r 1635 market street suite 1600

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philadelphia pa 19103 and i'm joined today with my co -counsel maddie monroe

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do you swear do you swear to tell the whole truth and nothing but the truth

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yes uh matt do you want to put your name and address on the record as well

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Sure. Matt Monroe, M -A -T -T -M -O -N -R -O -E at Monroe Law, 30 South 15th Street, 15th Floor, 19102.

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

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I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy, both of you, I guess?

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Yes. Have you emailed the exhibit packet with proof of ownership tax compliance, copy of the refusal or referral photos and or plans five days in advance of this hearing? And have you met with the RCO? And do you have a letter?

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Yes.

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Okay, you may proceed.

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Thank you. I'm going to share my screen.

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This is 748 South Cleveland Street. We represent the owners, Adam and Leslie Pritzker.

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um i'm going to just go through the application um basically what we're providing here is for

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the erection of a rear and third story addition with a roof deck and pilot house to an existing

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single family attached home uh we have two refusals the first one is for um our the eight

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foot setback uh as the board is well aware anytime that you have a property that is directly adjacent

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into two -story structures, you're required to do the eight -foot setback. The other refusal we have

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is based on an existing non -conforming structure, which is for rear yard depth. This lot is less

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than 45 feet, so we're required to provide the seven -foot rear yard. However, we're only providing

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three feet, 11 and three -fourths inches, which is actually just an existing condition to the house.

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It's an existing non -conforming structure. So essentially what we're here for is not to provide

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the eight foot setback here's our application for appeal um and i'm just going to go through

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sort of the two refusals and the hardship that we have uh chairman members of the board essentially

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we're asking for a mansard roof um we are asking to provide i believe it's going to be 32 feet six

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inches total in height as opposed to the eight foot setback which as the board knows can be

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really difficult to provide, especially with a small lot. This lot is 16 by 44, an extremely

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small lot. The eight -foot setback, we could do it at 38 feet, which would actually be more

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impactful, we believe, to any rear neighbors. And providing a mansard roof, which will allow for

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this family to stay in Philadelphia, expand their home, and add a bedroom and a bathroom

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to their existing home. I also have our tax clearance certificates, the deed of the property.

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our tax clearance certificates, the deed of the property. I'm going to just show it quickly on

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Atlas. I believe it gives a little bit of a better depiction of the property as far as the rear yard

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As you can see, the property is extremely small at 16 by 44 and sort of the shadowing, you can see the existing building.

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This is the property here with the blue marker.

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As you can see, the property is extremely small at 16 by 44 and sort of the shadowing, you can see the existing building.

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you can see this rear yard here is sort of encroaching into this property and on the backs

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of all these making an existing non -conformity in a very small rear yard space our addition that

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we're proposing is just meeting the existing building our architect scott woodruff is on and

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we'll go through that as well it's just to meet the exact bearing walls not to cause any waterproofing

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or sort of double roof issues other than that again just a mansard roof and we're providing

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it less than the 48 feet um sorry 38 feet and 40 you know 41 with a three foot parapet wall

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that's required or permitted uh by code i'm going to go back to the packet um again as you can see

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um how small this lot is um and again you know what we're providing is we believe the minimum

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variation from the code to allow for relief this is the exterior of the home um as the board may

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be familiar the board granted a variance for another mid -block property on this block 774

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south cleveland it actually provides a completely flush uh third story does not end at 38 feet it

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does not provide any sort of the mansard roof or anything of that nature um this is sasna's

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letter to us um one of the reasons we have um so many folks joining the call today as the board

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we'll see is because there was a lot of support, not only from Sazna, some of Sazna's zoning

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committee, but also from the near neighbors who are on today as well. But there was some concerns

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about keeping the historical preservation of the block. As the board's well aware, there's no

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historical significance to an eight foot setback. And what we are providing is actually more common

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in the neighborhood. I have some examples, the directly south block with the mansard roofs here

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on Dorrance, and a lot of individuals are using sort of the mansard instead of the eight -foot

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setback as it provides a better long -term aesthetic. It holds the cornice line, keeps the

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front facade of the building in shape, in addition to providing viable living space, which, you know,

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we're all hopeful that people want to stay in Philadelphia and grow their families. As you can

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see, it was a pretty divided vote. Sazen took a position of opposition, although they have a policy

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to allow for a mansard roof and also did allow for the for a flush building at 774 which is a

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mid -block property but we also went and included a significant amount of the existing near neighbors

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letters of support as well and a lot of them are here today to speak on behalf of the project the

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last thing I'll mention before I'll let Scott speak is that we also although we were not required

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to we also included provisos that we agreed to um and that we have revised plans so that we were

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we were asked to lower the height of the of the structure even though we were only at 33 feet we

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lowered the interior from 10 foot ceilings to nine on the third floor we included a transparent rail

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for the parapets so that we were even less impactful in addition to reducing the overall

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height of the building um which was i think a foot off uh than what than what we had provided again

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lower than the 38 feet permitted um if we were to do the eight foot uh setback so i'm going to have

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scott um so here's what we're looking to provide um again revised plans it's also worth mentioning

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that 746 will be in front of the board as well in july providing exactly the same application

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also adjacent single family home as well. And if I could just two very quick points before

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Scott takes over. Rachel alluded to the small lot size and the total square footage of a lot

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is 704 square feet. That's a pre -existing lot size obviously and under the current building

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code the minimum lot size for an RSA 5 property is 1 ,440 square feet. So effectively what we have

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is a property that's less than half of the uh if we were going to be creating a new lot a uh

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the minimum lot size and then uh secondly um i think one point that got lost at the sasna meeting

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I think one point that got lost at the SOSTA meeting as somebody who lives in the neighborhood and as a former member of the Zoning Committee and Board of Directors, I think there was a lot of emphasis in part on impact to neighbors at the rear.

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as somebody who lives in the neighborhood and as a former member

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Neighbors at the rear, there will be no material impact whether or not there is a setback at the front of the house or not.

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This is really the key issue. There's no material impact to the folks at the rear, and I just wanted to raise those two points.

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Thank you. I'm going to, just for illustrative purposes, is, do you see Scott Woodruff on? Just for illustrative purposes, this is what we've now created when we do this eight foot setback. And you may hear from people that you want, they want to keep some level of uniformity. There's no way that the eight foot setback like this provides any level of uniformity.

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I know that we all know that the eight -foot setback was created sort of the 11th hour

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with the revisions of the zoning code and we believe what we're providing is actually more

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in context with other historical properties even though this block is not designated as historical

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and neither is this property but really looking to provide something that has a little bit of a

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long -term aesthetic appeal and allowing for a little bit more consistency overall than the

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eight foot setback has has provided um and again like i said 774 uh this board approved recently i

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have the um the records of that included in the packet as well and that was actually provided

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flush um and somehow sasna was able to support that um as well so i'm going to stop sharing my

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screen and let scott provide the plans and go through the changes that we made again um you

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You know, we're offering these changes as a compromise and an ability to, you know, work with the new neighbors and further remediate any concerns that they may have.

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Rachel, these changes were presented to the SOSNA at that time, at the time of the meeting?

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They weren't presented at the time of the meeting, but they sent us a proviso form memorializing them.

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And then we went back and had said to them at the meeting on the record that we were fine making those changes.

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That was asked of us and we agreed that we would make those changes.

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Rachel the person you're looking for is their name Scott Woodruff yes ma 'am okay

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he's been promoted to panelists Mr. Woodruff you can unmute yourself and speak

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good morning Mr. Woodruff please identify yourself first and last name please

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Scott Woodruff, W -O -O -D -R -U -F -F, 4001 Main Street, Philadelphia PA, 19127.

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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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Thank you, Ms. Pritchard.

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Scott, can you just go through the plans?

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Sure.

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Changes that were made.

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So again, just going over, this is the 3D axon of what was proposed with some of the updated changes.

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uh things that you'll notice is the railing at the front that's set back again transparent uh

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sasna had recommended either a glass or metal railing either or to try and minimize light

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impacts we also brought down uh the front roof line and parapet uh to the maximum extent we

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could um and then also drop the whole third floor ceiling height um from 10 feet floor to ceiling

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to nine feet floor to ceiling. Here you can kind of see the site plan. Again, as Rachel said,

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we're building over just the existing footprint of the house. One thing to note is there is a

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shared alley along this right side here that is shared with 746 that cuts through on the

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first floor and is provided for egress for this property. Looking at the plans, again,

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first floor no changes this is existing condition it was asked that we provide the existing second

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floor plan here which we did so again we're building on the the first floor footprint here

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the second floor as you can see is a bedroom with a very small bedroom and a bathroom

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so this addition allows for an actual usable bedroom here as well as a third

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bedroom on this level with an additional bath.

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Looking at the elevation, you can kind of see we're minimizing our parapet here to the maximum

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extent. We have two inches, I think, here just to make sure water doesn't blow off the edge.

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um but top of structure is at 31 .9 again permitted as 38 feet so we are uh you know seven feet plus

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below or 60 feet plus below the the actual height limit that is provided again trying to to minimize

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u plus below the the actual height limit that is provided again trying to to minimize the impacts

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on the neighbors that are adjacent

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again side elevations one of the the things that was asked was that to make sure that

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this pilot house was sloped which we did do again to further mitigate impacts from all surrounding

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neighbors um with it and then you can see here the the section with our our nine foot uh ceiling

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hits on that third floor um i took a few views uh and presented these in sasna just to understand

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what this may look like from you know other people's third stories or and or roof decks

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um we didn't really have a lot of opposition but it is something that we did look at this

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is directly across the street. This is down the block a little bit, kind of looking back at the

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city that's over here. And then this is the updated and proposed rendering. Again, you can see that

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the mansard, which I think does a nice job of sloping back away from the street and also has

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about a one foot, one foot six back from the edge of this cornice line, kind of steps the addition

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and back doesn't really make it very prominent or proud, but still allows us to use the space

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for the actual bedroom inside. And you can kind of see the parapet pretty much completely bleeds

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away. You really only see it from the side here, but, you know, from the front, it's completely

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invisible. Rachel, happy to go over any additional questions or any other points that you want me to

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over no i i think you did a great job scott thank you thank you any questions for this hold on before

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you go any questions for this witness from the board no no okay rachel no um i just we have a

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bunch of people that are on the call to speak in support so and a couple of them have uh hard

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stops and flights so uh we appreciate the board allowing us to to go first and also wanted to

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just make sure that those folks that are here can and put their testimony on the record yeah i just

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would like to if if there's anyone from sasna i'd like to hear from that individual first and then

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we'll go to your witnesses okay there anyone from sasna chair there are four hands up but i don't

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know exactly who's from sasna well i'll ask the question if you're not from sasna from the sasna

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board please put your hand down momentarily

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there's still three hands up chair all right let's try nicole okay thank you tanya

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nicole you can unmute yourself and you can speak now hi please identify yourself ma 'am first and

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last name sure this is nicole kodeiker k -o -e as in edward b as in david y -k -e -r

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Address is 1901 Washington Avenue, Office C, Philadelphia, 19146.

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You swear a firm to tell the truth, the whole truth, nothing but the truth.

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Yes.

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Thank you.

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Please proceed.

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So Sazna wrote a letter of opposition despite the vote being very close.

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And the decision to write the letter of opposition was due to the vote from the impacted neighbors that voted

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and the zoning committee that dominantly voted against this project um but i will say that

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through this whole process um the applicant has been amenable like rachel mentioned that um we

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had proposed proposed provisos at the meeting including the two things that they had addressed

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earlier like lowering the ceiling height and the uh the railing of the roof um and um i reached out

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and mentioned that based on the vote that we had from our zoning committee and from the community

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that we would be writing a letter of opposition and ask if those features could still be included

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in the project, even if we write a letter of opposition. So we're glad to see that those

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changes were still made. But like I mentioned, the vote that we had with the 50 people that

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attended, it was geared more towards opposition. And comparison to the project down the street

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first 774 South Cleveland, which is a straight up facade. There wasn't as many attendees to that

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meeting and it was unanimously supported. So I know that there's a little hesitation on this

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block about the hodgepodge that can come out of one house having a setback, one house not having

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a setback, one house having a mansard. And so we really just wanted to echo the voices of the

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Um, and so we, uh, really just wanted to echo the, um, the voices of the community and the impacted neighbors on this project.

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Thank you. Appreciate it.

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Chairman, do you have to ask Nicole a question?

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Yes.

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Nicole, is it your understanding that historically SOSNA supports Mansart roofs over the eight foot setback?

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Yeah, and it, um, varies block to block.

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So we do have, we do have, we have had smaller blocks that have preferred to keep a more consistent look on their blocks like Pemberton, that would prefer a straight up or a setback versus a mansard roof. And so our zoning committee votes in alignment with what the community asked for on their block. But generally, yes, we're, we're proponents of mansard roof.

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and then you had mentioned that the zoning committee was uh the vote was four to three so

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to say that it was uh significantly in opposition i don't know that that's accurate it was four to

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three and then community at large was 15 to 17 so i just yeah i don't i don't know if i said

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significantly i said it was close but um but because both impacted neighbors and zoning committee

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voted one or two votes more. Usually a letter of deferral in our case is when the zoning committee

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votes differently from the community, but in this case impacted neighbors and the zoning committee

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voted the same direction. Yeah, and the other thing I just wanted to mention, I had asked you

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this via email and you would kindly share this, that there were multiple people in the same

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household that were voting. So some of the numbers were not like your typical one vote per house,

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just just to understand the numbers a bit better yeah so we did have one to two people in each

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household vote and same thing with the support letters that you proposed in your project i think

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there are one to two of the same addresses in your support letters too okay thank you

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who else would like to testify please raise your hand here we have a mr toner paul toner

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Mr. Toner, you can unmute yourself and speak now.

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Thank you very much.

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Good morning, sir.

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Please identify yourself with the record, spell your full name.

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Yes, thank you very much.

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Paul Toner, T -O -N -E -R.

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I'm counsel for Durda Smith.

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That's D -O -E -R -T -E, Smith, S -M -I -T -H.

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And she resides at 1814 Fitzwater.

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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, yes.

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Please proceed.

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May I share my screen, Mr. Chairman?

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Yes, please.

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He's coming back in as a panelist, Chair.

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So my client resides at 1814 Fitzwater Street.

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And just for the record, we're going to mark this exhibit as Smith Exhibit 3, and I can provide a copy of the PDF at the conclusion of today's hearing.

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My client resides at 1814 Fitzworth Street, which is a double lot that extends between the western back side of the lots on Cleveland Street, including 748 South Cleveland Street.

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So my client has resided at 1814 since 1971. Her family's owned it since 1944. Her primary concern

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is with the impact that the expansion of the non -conforming structure at 748 South

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Cleveland Street will have on her property. In particular, the air light and lack of separation

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between the rear yard, which is only three feet, 11 inches at 748 South Cleveland Street,

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and my client's, the rear of my client's property, which runs along the property line between 748

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South Cleveland Street and my client's property, 814 Fitzwater Street. So essentially, there's

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going to be three and a half feet separation between my client's property, which has windows

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on the eastern side and let's record reflect I'm going to open up another aerial view which is

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which we're going to mark as Smith Exhibit 2. So here where my cursor is right now is my client's

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rear property and as you can see there are four windows one two three four that face the rear

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property line at 748 Cleveland Street. She also has an outdoor deck and then an outdoor garden

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area. In terms of the presentation that we heard this morning, there's one legal error that was made.

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In terms of the presentation that we heard this morning, there's one legal error that was made.

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They focused all the attention on the front of the property and the mansard roof, which for the purposes of Ms. Smith, she certainly doesn't like the height, but she has no problem with the design of a mansard.

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Her problem is putting and expanding a non -conforming structure all the way up, straight up, without any additional setback.

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As the Board is well aware, under 14 .305 of the zoning code, any expansion of a non -conforming structure has to comply with the dimensional provisions of the zoning code.

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Here, this application certainly does not comply with the rear yard setback provisions of the Philadelphia zoning code that apply to this RSA 5 zoning district.

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We also have serious concerns as to whether they've established any need for this expansion.

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748 South Cleveland Street was purchased by the Pritzker family in 2018. It's been used as a

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single -family home throughout the entirety of their ownership. There's been no establishment

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that any of the structures on the western side of Cleveland Street have three -story structures

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right now or are in need of any three -story structures. And when they made their presentation

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and perhaps it might be helpful Mr. Woodruff could show the side elevation screen. I'll stop my share.

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if we can see that side elevation

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is this what you're looking for

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i'm i'm only seeing your roof deck view no the one that shows the side elevation is 748 cleveland

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exactly

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Exactly. So we note that Mr. Woodruff had aerial views or depictions of views from roof decks

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and how it would impact the surrounding community. The proposal, as I've already stated,

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goes straight up and expands the existing non -conformity. What is lacking in their

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proposal are any shadow studies. Shadows and the impact on my client's property, as well as the

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impact of the other rear owners, was front and center at the SOSTA meeting. It's been front and

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center at negotiations with the near neighbors, and it's telling that with a proposal that

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truly is seeking to expand this nonconformity within essentially arm's reach of my client's

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property, that there is not a single shadow study or any depiction of how the air and light will

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actually impact or loss of air and light will actually be impacted upon my client's property.

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And as I wrap up, I'd like to share my screen again, Mr. Chairman.

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And we'll mark this for the record as Smith 1.

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My client has reached out to the neighbors and has secured a petition that includes

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the owners of 754 South Cleveland Street, 768 South -

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I would, yeah, I'm going to object to this because I've never seen this petition and

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And I would ask that it not be allowed to be included in the record.

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It's not been shared with me.

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And as Mr. Toner can attest, I think he was aware that I've been involved with this matter

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and I've not seen this petition.

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If I could respond, my client also has not seen the letters that were produced just for

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the first time this morning at this zoning hearing.

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My client is here to testify.

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she explained how she personally secured all these signatures met with all these neighbors.

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We'll stipulate that your client secured the petition. Yeah so there's certainly a lot of

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opposition on this block from the near neighbors that was reflected in the SOSNA letter of opposition.

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My clients here can adopt my testimony but the proposal expanding illegally a non -conforming

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structure will certainly have significant impact on property that's within five feet

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of the proposed expansion. And there's been no production of evidence today on how that will

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actually impact my client's property. And I also note that while Rachel Pritzker is here today,

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the owners of the property have yet to testify as to their proposal for this.

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the owners of the property have yet to testify as to their proposal for this property.

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With that, I'd like to have Ms. Durgette just adopt my testimony for the record.

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Ms. Durgette, did you hear my testimony today? Paul, we need her to identify ourselves.

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Can you say your name for the record? My name is Durgette Smith.

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would you spell your full name please d as in dog o e r as in robert t as in tom e as in elizabeth

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

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yes sir thank you mr toner please proceed miss smith did you hear my statements to the board

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this morning yes and do you agree with her accuracy yes indeed was there any misstatement

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a fact that I made today to the board? No. Do you adopt them as your own? Absolutely. And the petition

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that was marked as exhibit one, is that a petition that you personally secured? Absolutely. And can

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you just briefly summarize your opposition to this proposal? My opposition is that there will

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be a structure if granted that will be out of proportion over towering my the back of my

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building my building is has been in the family since 1944 the first floor is nothing but

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uh old uh manufacturing space it is not inhabitable it has a garage or two garages actually

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so the living space is only on the second floor and in the front of the building on the third

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floor the second floor has is light has windows uh all around and i am afraid that if this is granted

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it i will feel as though i'm in a coffin no light no air a big wall going up on the left of me

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my kitchen and my my seating area where i spent most of my time and i will be i will be deprived

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big time of the way i have lived for the last 16 years sorry thank you this one

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Mr. Toner, would you please put up your exhibit, the one showing the rear, the four windows of the property of your client?

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One, two, three, four, actually five windows.

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Okay.

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Is this a, this is a recent photograph?

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This is taken from Google Maps.

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It accurately reflects the condition as it exists today.

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So all the trees and shrubbery, whatever, are existing today, correct?

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That is correct.

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All right.

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It looks like your client's property at one time may have had an extension or two.

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You mentioned a patio.

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Is the patio at ground level or is it above ground level?

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So there is the roof deck, which you can see that's partially covered by this awning that my car is over right now.

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And then, Ms. Smith, can you explain what ground level access there is in the back?

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Yes, I can.

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There was a wall that extended all the way to the back of the property line.

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The wall extended on the left, on the Cleveland Street side.

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uh this had previously been a building that housed uh coal and it was commercial

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it housed horses when i dug the property up in the rear i found horse bones um the the attachments

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where they put the houses are still on the ground floor of that of the house the wall collapsed and

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when this particular wall collapsed

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and it was replaced by a wooden fence.

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The building no longer exists.

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But let me stop you there if I could.

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Towards the end of the extension,

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looks like there's a, I don't know if that's an awning,

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it looks like brownish color.

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All right, to the right of that, are they two skylights?

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Yeah, yes.

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And how recent were those skylights installed?

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They were installed in 1975.

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Was that in addition to the extension from the rear of the three -story building?

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from the rear of the three -story building extension three -story well they have the

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three -story structure and then it drops down to two stories at the rear yeah yeah that's always

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been like that okay all right all right um anyone else to testify in this case and does the board

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have any questions of mr toner at this time yes yes mr chairman um yes yes mr chairman yes

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I would like to establish the distance from the new addition on 748 to the two windows that are on the other building on 18th Street.

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In other words, is the rear yard, the new rear yard, what's going to be the depth of the new rear yard?

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it's not a new rear yard we're leaving it exactly as it is it's three feet 11 inches and three

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fourths okay three feet and then is there an alley no there's no alley to the rear it's to

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the side of the property okay then the other building where the two windows are does it have

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a side yard and what's the depth of the side yard so the uh the ground cover at the the lock

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The building coverage at the ground level is 100%.

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As you get to the second story where my cursor is right now, there's a setback of about a foot and a half.

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A foot?

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And a half.

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You say a foot?

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One foot and a half, approximately.

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Okay, so it's a distance of three and four.

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It's four feet.

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And the second floor is 10 foot, 8 foot, 9 feet high?

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The windows, the two windows?

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approximately it's approximately maybe eight feet standard windows for this neighborhood

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okay all right i don't think the shadow from the new edition will really block our light on

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those two windows they won't they're not even directly behind our property to the left of it

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right yeah correct i don't think it's going to block the window lights well that's my opinion

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so this this the 700 block of cleveland street runs north to south obviously as as the sun comes

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it's going to go from um east to west and as it makes that progression it classically does

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cast shadows on these north the sun comes from the south mr toner the sun comes from the south

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which would be down here right so what we're saying is the positions of the existing windows

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on the 100 % lock coverage property that provides for no open space is not going to be blocked.

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And what we also should add is that we're only providing 32, 33 foot instead of 38 feet,

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which is what's allowed by right. So we're actually providing a less impactful

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project than what we could do by right, which would, which could potentially

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um impact uh those those windows but again uh i think to uh board member hallman was saying that

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those windows are not located directly to the rear of this property and so

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yeah these are windows would be impacted more by 746 right right and we're talking about 748 and

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again uh mrs smith's property covers 100 of the lot coverage so if her property was in conformance

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with the code uh you know she probably wouldn't uh have have those issues but again we're trying

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to provide 33 feet instead of 38 feet which is permitted by right and what we're really here for

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is just uh for the front setback not the rear setback well you are here for the rear setback

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we're not we're here for one at a time please even if a refusal was not granted for violation

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of section 14305 on expansion of non -conformities.

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It's certainly an issue that is valued before this board when you're seeing the variance.

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I just want to make a point of clarification.

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It's rear yard, not third -story setback or second -story setback.

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It's the rear yard.

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And so that would have nothing to do with the second or third or seventh floor.

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It's the rear yard.

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And again, we're not providing anything.

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And if you look at the aerial, you can see from the one that Mr. Toner provided, it looks

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like mrs smith's property is encroaching on the rear of almost all these properties um on the on

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the back of cleveland street contributing to the small space the only way to mitigate that would

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be to demolish almost all those homes to the rear or have mrs smith provide a property that conforms

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with the code can you show us the screen it shows an encouragement by my client sure if you want to

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sure if you want to just um if you want to allow me to share my screen uh chairman we have a couple

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just, if you want to allow me to share my screen.

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people who um are waiting to testify in support and then i'm happy to um i just wanted to point

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a clarification that it's we're asking for not to write a front setback and to do the mansard roof

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which um i believe mr toner stated his client is not in opposition to and to uh board member

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hallman's point um i don't believe we're going to be impacting the windows and that the buy rate

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option of a 38 foot uh i mean i i think that's the bottom line you could you could go up 38 feet

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and then by right so if you're a francis mangabot um or a scott goldstein these are neighbors who

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are uh looking to to speak as well that goldstein you can unmute yourself and speak now mr goldstein

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please identify yourself with the record spell your last name and i'll swear you in good morning

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This is Scott Goldstein, first name Scott, S -C -O -T -T, last name Goldstein, G -O -L -D -S -T -E -I -N,

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and I'm the owner at 770 South Cleveland Street.

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Thank you, Square, for I'm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Please proceed.

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Rachel.

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Scott, I just wanted you to share your testimony as a near neighbor and someone who's lived

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on the block for a number of years.

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Feel free to share your thoughts on the project and anything else that you'd like to add.

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Sure. I've lived on this block of South Cleveland Street since 2013, and after attending the SOSNA meeting last week, I do feel that this project, as proposed, particularly with the agreed -upon provisos, is a great alternative to the eight -foot setback, which I don't think is a particularly attractive look for our block.

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and uh as proposed with the mansard roof i i have no objection to it um i've never considered our

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block a historical one um i think it's a beautiful block and i think this this proposal particularly

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with a another mid -block three -story addition that is likely to come as well that this board

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approved um i think that adding this one will have no negative impact and i would just support

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this project thank you for your testimony anyone else to testify please raise your hand

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here we have a jared farmer mr farmer you can unmute yourself and speak now

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mr farmer please identify yourself spell your first and last name

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provide us with your address and i'll swear you in

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mr farmer

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anyone else

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is there a greg wait wait can you hear me can you hear yes now we can please identify yourself

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excuse me sorry the same issue this is no worries no worries farmer j -a -r -e -d -f -a -r -m -e -r i'm the

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owner resident of 747 south cleveland you swear a firm to tell the truth the whole truth nothing

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about the truth I do please proceed hi as I said yeah I'm the owner directly across the street from

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746 and really 748 I really think of these as the same project because 748 wants to do the same

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thing as 746 so I think it's a little disingenuous to like say these are separate but anyway I'm

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speaking both as a property owner and also a professional who studies historic preservation

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I'm a history professor at Penn and I oppose this application on specific and also general terms

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Specifically, I think an oversized third -story addition with a pilothouse and roof deck will diminish my sunlight and take away my sunset views.

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I don't just think that I know that.

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South Cleveland is much narrower than most streets, so overbuilds here would loom over the block and block light and views in a way they would not on a wider street.

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So I think this affects not just people in back, but people in front.

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On general terms, and this is where I'm really speaking to the zoning board, and this is beyond this particular project,

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I would oppose any developments that destroy the architectural integrity of a block, especially a block that has one of the, you know, last complete rows of two stories with original facades.

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That's a real rarity, and I think it should be valued, you know, as a community value.

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And I'm really struck that the attorney of the applicants has asserted over and over that this project is respectful because it's violating the setback code with a mansard, as if all mansards are the same, as if all mansards are inherently respectful.

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I want to say it's only in the context of, you know, Demodelfia, if you want to think of that, a city that allows demolitions left and right, that a grossly designed mansard that violates the existing architecture and style material and especially proportion could be described as respectful.

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And I really do think the city is in a moment of crisis regarding historic preservation.

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Well, Mr. Farmer, with all due respect, if you can just speak to this property, and you do realize that as a buy right, they can put an addition on and go up as high as 38 feet, which would be.

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they can they can put an addition on and go up as high as 38 feet which would be higher than what

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is being proposed yes so that's why i'm in part speaking to the zoning board and again this is

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not personal i totally understand why owners might want a second bathroom or roof deck i have no

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problem of course in principle to get renovations basement excavations simple roof decks you know

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my own house has a 16 foot setback with a sunroom it's invisible the overbuilds invisible from the

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street so i want to say there's ways to do renovations and create more space without

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negatively affecting neighborhood property owners and without alienating neighbors so i would hope

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that you deny the proposals outright on the grounds of near neighbor opposition and also

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historic preservation of this particular street but i guess i would just implore the zoning board

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in general to just you know to help owners developers and architects to be just more

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imaginative and to design structures that are truly respectful in terms of size proportion

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and thank you mr farmer thank you we appreciate you chairman i just also want to point out

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I believe Mr. Farmer moved to this block in 2019, so he's a new addition, and the home he bought does have an eight -foot setback, and again, there's a 16 -foot setback, and again, I would just add for the record, there's no historical significance to an eight -foot setback.

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Thank you.

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Chair, I would like to mention that we do have currently nine hands up. I don't know how you want to handle that.

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And we are almost an hour into this case.

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um could i have my client adopt the testimony the other supporters they'll be very brief i've asked

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them to be well we're not gonna if if they're if all nine well well i'll ask the question if

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any of the nine are still opposed but if they're all in favor i'd ask that one spokesperson sure

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i'm just gonna have my clients adopt my testimony for for the record please do thank you

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what's your client's name rachel pritzker or leslie pritzker

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adam pritzker yeah adam please identify yourself with the records by your last name and i'll swear

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are you in? Adam Pritzker, P -R -I -T -Z -K -E -R. I'm the owner, one of the owners of 748 South

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Cleveland Street. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do. Please proceed. Adam, have you heard my testimony today in front of the board?

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I have. Has it been accurate and true to the best of your knowledge? Yes, it has. And do you adopt

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it as your own i do thank you thank you um any questions from the board just one more uh mr

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chairman uh 746 and 750 what is what is their position 746 is here he's uh same as greg he can

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speak uh he's in support of the project the uh 750 is tenants um who don't speak um great english

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So I believe Leslie Adams' wife spoke to them, but we do have the owners of 746 here as well, and they can speak in support of the project on their own.

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Okay, so we'll allow that testimony, and whoever is the owner or owners of 746, please raise your hand, identify yourself.

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I would ask, Chair, that all other hands be lowered.

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yeah i'm just going to uh rachel what is the name of your uh it's grad katz

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mr katz you're you can unmute yourself and speak now good morning mr katz please spell your name

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and i will swear you in hi everybody uh my name is greg katz g -r -e -g -k -a -t -z you swear affirm to

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tell the truth the whole truth nothing but the truth i do thank you please proceed hi everybody

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Yeah, good morning. I am here in support of the project. I've lived next to Adam and Leslie for

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over two years, and I've been in the neighborhood for two years. I am firmly in support of the

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project. They are fantastic neighbors, and I think that the project as proposed with the

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provisos would be a great addition to the neighborhood, and I would be happy to be next

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to that structure thank you thank you very much uh rachel um are there provisos yes we have uh

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provisos with the revised plans um with the excuse me this is this is sharon um rachel are all of

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the provisos incorporated into the one page of the revised plans yes thank you it's one page thank

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you all right any other questions from the board no no no commission

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good morning chair to chico ian hegarty for the philadelphia city planning commission

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please spell your name and h -e -g -a -r -t -y first name is i -a -n

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First name is I -A -N.

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

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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, sir.

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Thank you.

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Please proceed.

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Good morning, Chair DeChico, members of the board.

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Comprehensive plan recommends no change from the existing single family zoning at this location.

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Per 14304, the board shall consider three hardship factors for dimensional variances.

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First, the economic detriment to the applicant if the variance is denied.

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we do not feel that the applicant faces an economic detriment as adherence to the rule

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does not deprive them of reasonable use of the existing structure second the financial burden

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created by any work necessary to bring the building into strict compliance again this is

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an existing structure complying with the code would not impose a greater cost than what's being

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proposed and third the characteristics of the surrounding neighborhood this block face is

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uniformly compliant with the height restriction from which the appellant is seeking a variance

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relief. And so the grant would very clearly break that uniformity and disrupt the characteristic

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of the block. So we feel that the grant of the variance. Sorry about that. Yep. The block face

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is uniformly compliant with the height restriction from which the appellant is seeking variance

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relief and so we feel that granted the variance would uh disrupt the characteristic of the block

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and so for those three reasons we would argue that the appellant has not demonstrated hardship

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in this case and the board should deny the variances um yeah and are you aware that the

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board and the planning commission supported the addition of a third story flush at 774 south

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cleveland about three months ago in the mid -block all right we're we're going to move on rachel

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excuse me uh mi 2021 -000555 748 south cleveland street my vote is yes with the proviso

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revised plan one page adopted today approved today yes with proviso yes with proviso yes with proviso

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okay thank you i think uh carl had to step away for a while i would now go to

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number three on our list, number one on our list, I'm sorry, MI 2021 -000 -556 -1037 South Randolph

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Street. Jennifer Bislow, the attorney. There's also a letter of support from Count, from Queen

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Village Neighbors Association and a letter of non -opposition from Councilman Squillow.

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jennifer is coming back in as a panelist chair you and jennifer when you get on please spell

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your full name and i will swear you in sure all right here i am uh jennifer bazidlow b a z y

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d l o 4500 worst street suite d 202 philadelphia pennsylvania 19124 you swear for him to tell the

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truth, the whole truth, nothing but the truth? Yes. Thank you. And as I mentioned, there's a

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letter of support from Queen Village, and there's a letter of non -opposition from the Councilman.

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Please proceed. Jennifer, good morning. Do you agree to waive the reading of its refusal and

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stipulate its accuracy? I can waive the reading, but there is an error on the refusal. It's fairly

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minor. On the refusal, the... Real quick, have you emailed an exhibit packet with the required

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documents proof of ownership proof of tax compliance copy of the refusal or referral

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photos of plans five days prior to this hearing yes uh also have you met with the rco and had

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a letter yes thank you okay i just wanted to briefly mention on the refusal the lot width of

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parcel b proposed is listed as 16 .957 this is an error on our plans you can see it's 14 .957

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and we know it's an error because if it was 16 .957 there wouldn't be a refusal

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so i'll show you the plans but it really is just a typo i tried to address it with l and i and got

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nowhere so i just wanted to point that out um i'm going to share my screen

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nope one second all right so like i said my name is jennifer bazidlo i'm here representing the

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owners of 1037 at south randolph and 1036 south reese street who is jerry di pietro who owns the

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property through his company brownstone properties i have a packet here today with hold on one

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second let me just move this one second so I can scroll easier so we have the refusal

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So we have the refusal, property information form, the deed, tax compliance forms, a letter

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of support from Queen Village Neighbors Association, the community notification letters, aerial

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views of the property, parcel maps, zoning archives from near properties, photographs,

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and plants, which I'm going to go through all of these. But let me just scroll through

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so you can see these all exist. And just show the photographs real quick. Give me one second.

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all right so here's the zoning posters this is the front of 1037 south randolph

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and this is the rear of the property on 1036 this this right here um is 1037 and then on this side

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the wall is 1036 south reese all right and so why am i mentioning two addresses uh this property is

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in a bit of a unique but not all that uncommon state in philadelphia whereby it currently has

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two um it's two separate tax parcels but only one deeded parcel with the city planning commission

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um so let me just show you uh some documents go back to the tax documents

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So, you can see we have a tax parcel at 1037 and we have a tax parcel at 1036.

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But if you go to, one second, 43, you can see that it's only one needed parcel.

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So our proposal is basically to formally subdivide these parcels that have already been existing

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as two tax parcels and functioning as two as two parcels so that they actually are two parcels.

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Let me go to the plans.

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So this is how the parcel is right now and we propose to subdivide it. The subdivision is

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going to happen along an existing masonry wall which I'll show you in the aerial view.

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hold on one second it's

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just zoom back in so right now you can see this is the 1037 south randolph parcel

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and it's it stops right along that existing masonry wall and this is the vacant lot of 1036

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south reese street um there is no proposed change in use 1037 south randolph will remain a single

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family home and 1036 south reese will remain vacant um this subdivision generates a couple

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of refusals based on the lot sizes with rear yard and open space for the existing and rear yard and

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open space for the existing home um for the rear yard and open space on 1037 south randolph

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Nothing is changing. Right now, you have a single -family home with a fenced -in rear yard, and that is going to stay the same.

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There is no change to the open space that's available and no change to the rear yard size.

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Nothing has changed since Jerry purchased his property back in 2003, and that wall has existed long before 2003.

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It's also worth noting that the rear yard is only short by six inches from the required nine feet.

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And as you can see, when I scroll down, these lot sizes are very much in compliance with the rest of the block.

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As far as the lot width, we're not changing the lot width.

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It's only because of the subdivision that it comes into question.

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this property has been 15 feet wide probably since the early 1900s when the property

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was created and is very much in line with the widths of the existing properties on both Randolph

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Street and Rees Street. So we also receive the primary refusals here are for the lot sizes.

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1037 South Randolph would be 707 square feet, a little over, and 1036 South Reese would be 481

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square feet, which I know seems really small. However, these lot sizes are largely consistent

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with the existing lots on both Randolph Street and Reese Street. On South Randolph Street,

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there are 17 total properties on the east side of Randolph Street. Three of them run street to

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Three of them run street to street through Randolph to Rees, and 14 properties only front on Randolph.

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street through Randolph to Reese and 14

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Of the 14 properties that face only on Randolph, the newly created lot at 1037 South Randolph would be the third largest on the block.

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And on the 1 ,100 block of Rees Street, there are currently 22 parcels that face this block.

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They range in size from 388 square feet to 652 square feet.

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About a quarter of the existing parcels will actually be smaller than the lot that we are proposing, and roughly 40 % of them are under 500 square feet.

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So while these are significantly smaller than what is required by the code, they are fully in line with the existing neighborhood.

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And the larger lot is actually the size lot that is inconsistent with the existing conditions.

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It is worth noting, let me just get to my exhibit, that the lot directly adjacent to this property is vacant.

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And in 2019, the board approved a similar subdivision to what we are proposing.

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So again, the most impacted neighbor would actually be us because we are the ones that are backing up to each other.

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The next most impacted neighbor to the adjacent property actually made the same request and has the same subdivision.

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We did meet with Queen Village. And like you said, they issued a letter of support, which I'll put up on the screen.

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So you can see here the letter of support.

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all right so sorry scrolled past it um

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there's the letter of support and you said that there was also a letter of non -opposition from

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councilman squilla so in summary we're just seeking to formally subdivide this lot that

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is already and has been historically two tax parcels um along the line where there's already

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a fence separating the two parcels and has been functioning as two parcels for as far back as we

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can see. There's no proposed change in use of either of the sections of the property. And while

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these parcels are smaller than allowed by the zoning code, they are very similar in size to the

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other existing parcels on these two streets. For these reasons, we believe it would be a hardship

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to continue to have these two tax parcels without having two formal deeded parcels and also to not

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be allowed to subdivide our property into similar size parcels to what already exists on the block

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so I would just like to have my client Jerry DiPietro raise his hand and adopt my test of

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Mr. Mr. Pietro please identify yourself by your full name and I'll swear you in

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Mr. Pietro you can unmute yourself and speak now

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gerald dipietro d -i -p -i -e -t -r -o where we're from to tell the truth the whole truth nothing but the

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truth yes thank you uh mr dipietro did you hear my testimony here today and believe it to be

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truthful and accurate yes do you adopt it as your own yes thank you any questions from the board

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No.

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Anyone else would like to testify in this case, please raise your hand.

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There are no hands at this time, Chair.

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Thank you. Planning Commission?

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Thank you, Chair DeChico. Ian Hegarty for the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing residential single family at this location.

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the applicant's proposed property dimensions are consistent with existing non -conforming parcels

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on randolph and reese streets and strict compliance with the zoning code would create

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an unnecessary hardship so the city planning commission would recommend that the board grant

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the variance thank you mi 2021 -000 -556 -1037 south randolph street my vote is yes

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my vote is yes my vote is yes you will go to number three mi 2021 that's 000 461

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1532 north 25th street mr anastasio

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Mr. Anastasio is being promoted to a panelist chair.

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Please identify yourself for the record.

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You're still under oath from earlier this morning.

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good morning Mr. chair good morning again

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identify yourself and you're still on the roof

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thank you Vern Anastasio V -E -R -N Anastasio A -N -A -S -T -A -S -I -O 1315 Walnut Suite 1006 Philadelphia

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1 9 1 0 7. I'm here on behalf of the owner of the subject property and may I share my

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screen?

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Any way to read in this refusal and stipulate to attackers?

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I do.

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Have you emailed the exhibit with the required documents, proof of ownership of tax compliance

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happy to be

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I have

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you met with the RCO and have a letter

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I do

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thank you

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so there is a letter of

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line opposition from Brewery Town

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slash Sharswood Community Civic Association

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and you may proceed

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thank you

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thank you

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no that's not the one

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just give me one minute i'm sorry i've got three files hey i'm okay i just saw your text

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were you here for jennifer's case or rachel's okay yes so that sharon yeah okay go ahead

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i'm sorry chair did you i saw you you were you were speaking i think you didn't realize your

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mic was on. I did not. I apologize. No worries. Thank you. Okay, let's see if this works. There it

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is. Sorry for the delay. This is 2331 North Broad Street. It's a large property on the corner of

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brought in york it was once part of the dropsy university campus our application

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is technically for an assembly and but it's specifically for student drop -off and social

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services the drop -in youth center it's a community center basically for youth in the neighborhood

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engaging in leadership and support groups, connecting to community -based services,

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study and get help with homework, building resumes and cover letters, job internships in the

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community, case management for safe and secure housing, a place where they can hang out with

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their friends in a safe zone. There'll be nutrition, grab a free meal or snack. There'll

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be a pool table, a Wii, a foosball, computer lab, musical instruments, movies, and then

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there'll be special events. As a result, we are required to seek the variance. It's zone

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CMX 2 let me pull out there's an upper level that's basically a balcony there's a lower level

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with storage and restrooms and then the main event there's a foyer and then the main event space

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which will be quadrant off and with temporary partitions and chairs and tables

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I'll show you some photos.

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This was again used as an institutional use in the past and it was also most recently

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a retail store.

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I have the tax certification as part of this binder, as well as the proof of mailing to

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the community and the Uptown Entertainment Development Corporation is the leading RCO.

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And as you can see, they're voting in favor of the project, overwhelming support of everybody

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in attendance.

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And with that, for the sake of time, I'm going to ask my clients, either Mr. Johnson or Mr. Bethea, to raise their hand.

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Quinzel Bethea.

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Mr. Bethea has been allowed to speak, sir.

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Can you hear me?

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Yes, please spell your full name, and I'll swear you in.

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First name is spelled Q -U -I -N -Z -E -L -L -E.

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Last name is Bethé, B -E -T -H -E -A.

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

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Affirm.

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Affirm.

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Thank you, Mr. Anastasio.

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Thank you.

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Mr. Bethea, did you hear my presentation to the board today?

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Yes.

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All right.

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Was it true and accurate to the best of your knowledge?

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Yes.

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And would you adopt it as your own testimony, if need be?

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Yes.

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Thank you very much.

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Thank you.

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That's all I have, Mr. Chair.

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Questions from the board?

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No.

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No.

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Anyone else would like to testify in this case? If so, please raise your hand.

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Mr. Chair, I have Yitzhak Badouch with his hand raised. I will allow him to speak at this time.

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Thank you, sir. Please identify yourself, spell your full name.

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Hello, this is Isaac Badouch, B -A -D -O -U -C -H. I think there is a mistake here because

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this presentation is supposed to be for

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1532 North 25th Street. Isaac, I have more than one case.

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Right, but the docket number says 1532 North

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25th. Okay, I'm just bringing this

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to your attention. Thank you, Isaac.

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I'm sorry, Vern, what case are you presenting? 2331 North Broad.

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Was that not the case? No, it was number eight on our

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list my apologies all right all right but since we heard it well do you have a client to uh well

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mr bethea is the client for 2331 okay all right all right so all right if we could just interchange

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those two i should have realized that myself uh anyway am i a planning commission regarding 2331

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north borough thank you chair ian hegarty with the philadelphia city planning commission uh the

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comprehensive plan recommends a zoning map change to cmx3 at this location we have no objection to

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the proposed variance thank you am i i'm sorry chair if i could please ask um that since this

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is broad street could we just make sure that all parties attending could testify to broad street

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because we called the wrong address earlier.

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Just wanted to make sure we have a few hands up.

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Okay.

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Anyone who would like to testify regarding 2331 North Broad,

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please raise your hand at this time.

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All others, please lower your hand temporarily.

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Mr. Chair, there's a Ms. Tina Marie Russell with her hand raised.

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I will allow her to speak at this time, sir.

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I will allow her to speak at this time, sir.

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Sir, could you please mute yourself?

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Thank you.

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Ms. Russell, please.

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Good morning, everyone.

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This is Tina Marie Russell, North Central Philadelphia, CDC.

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Please swear to affirm to tell the truth, the whole truth, nothing but the truth.

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Yes, I did.

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Please proceed.

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I just wanted to agree with my co -RCO, Uptown Theater, that we also, our RCO also agrees

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with this applicant. Thank you. I'm sorry if I could just ask Ms. Russell please just put on

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the record what address you're testifying about. Sure, 1631 West Susquehanna Avenue, Philadelphia

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PA 19132. We're on North Broad Street. We're on Broad Street right? Yes, you just gave us your home

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address? Oh, no, I gave you 1631 West Susquehanna Avenue, didn't I? Yeah, but we're on 2331 North

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Broad. I know, but we're the RCO. We want to be the attached. Okay, but are you, you're testifying

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on behalf of 2331 North Broad, is that correct? Correct. Okay, thank you. I just want to make

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sure the record is clear for the report. All right, thank you. It's okay, I understand that.

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okay thank you yes okay okay um i think i asked any questions from the board there were no questions

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uh planning commission

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i think you testified in favor is that correct that's correct sir thank you okay so mi 2021

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that's zero zero zero four six four two three three one north broad street my vote is yes

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my vote is yes my vote is yes

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thank you i believe now verne we're going to your case at 1553 north marston

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oh no that's been continued continued okay so we go to number four on our list mi 2021

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1 -000557 1536 South 15th Street. Mr. Jones is the owner or Ms. Jones.

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Or Ms. Jones?

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This isn't your case, is it, Vern?

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No.

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What's the address?

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1536 South 15th Street.

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We have in notation Amber Jones is the owner.

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that's that doesn't that's not a case i have it's not you you have a nice case

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is there amber jones available for anyone representing 1536 south 15th street

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excuse me i have a chair i believe ms jones is pro se and she is the one who submitted the

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exhibits I don't see her okay if you can move this back I will try to contact her I'm sorry

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if I could just check we have a galaxy s8 I want to make sure that that's not her

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okay you're allowed to speak galaxy s8

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galaxy galaxy s8 are you amber jones

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all right let's come back to that one all right tanya

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okay chair we'll go to number five this is verne's case mi 2021 -000462 161 north 60th street 60 60th

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Street. Good morning, Mr. Chairman, members of the board. Vern Anastasio, A -N -A -S -T -A -S -I -O,

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1315 Walnut, Suite 1006, Philadelphia 19107. You're still under oath. Yes, sir. Professor,

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sir? Do you agree to waive and stipulate to its accuracy? I do. Have you emailed an exhibit

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packet with the required documents, including proof of ownership, proof of tax compliance,

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a copy of the refusal or referral and photos and or plans of the property five days in advance of

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this hearing i did and have you met with the rco and do you have a letter yes to both thank you

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please proceed okay this application from 161 north 60th street is for a sit -down restaurant

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on the first floor and there's a two family dwellings above that's already previously approved

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uh here is the interior layout

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property we have a kitchen rear yard for trash actually a rear space for trash

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um dining area prep large ada bathroom

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it's a corner property it's been commercial in the past

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the history of it is evidence of that here's the interior proof of posting

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met with the RCO achievability

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and they've given us support

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in their letter

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last parrot last sentence chief ability is supporting 161 north 60th

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and with that i'm going to have my client christina meh raise her hand to be acknowledged

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he's been allowed to speak sir ma 'am please identify yourself with the records by your

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name and I'll swear you in. Christina Ma, that's C -H -R -I -S -T -I -N -A. Last name is Ma, M -A -H.

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We're affirmed to tell the truth, the whole truth, nothing but the truth. Yes.

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Ms. Ma, did you hear my presentation today? Yes. And was it true and accurate to the best

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of your knowledge? Yes. And do you adopt it as your own testimony if need be? Yes. Thank you.

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That's all I have, Mr. Chair.

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Thank you.

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Any questions from the board?

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No.

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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The Galaxy S8 has their hand raised.

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I will allow them to speak at this time, sir, if that is okay.

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Okay.

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Okay.

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Galaxy S8, please unmute yourself and wait to be sworn in.

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Aye.

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You can move forward, Chair.

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Thank you.

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Planning Commission.

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Thank you, Chair Chico. Ian Hegarty for the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the CMX1 zoning at this location.

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We don't feel that the applicant's hardship claim is supported with evidence of unique

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physical circumstances or conditions, and nor have they shown that there are no other viable

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uses in this existing commercial space. So we have no objection to the two dwelling units,

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which are previously permitted non -conforming however the commission recommends that the board

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deny the variance for a restaurant due to lack of hardship. Mr. Chair if I could just speak briefly

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on it the photos are proof that clear evidence that the property hasn't been a viable CMX1

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piece of real estate in a very long time. This is not a commercial corridor this is a neighborhood

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It's just not necessarily a place where an office space would go or some other sort of CMX1 use.

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Thus, it's been laying fallow for as long as it has.

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And that's why the community is so excited about finally breathing new life into the property.

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I have nothing else.

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MI2021 -000462, 161 North 60th Street.

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My vote is yes.

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My vote is yes.

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my vote is yes thank you mi 2020 -002194 2230 west ontario street miss clark

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jocelyn clark i believe is the owner

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she was on earlier

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Ms. Clark is being promoted to panelists now, Chair.

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Thank you. Ms. Clark, please spell your first and last name again.

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My first name is Jocelyn, J -O -C -E -L -Y -N. Last name is Clark, C -L -A -R -K.

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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.

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And you are the owner, correct?

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Yes.

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You're not a nonprofit and you're not an LLC?

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That is correct.

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i'm sorry hold on do you agree uh confessor are you there

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uh no chair remember he had to walk away right you got it do you agree uh to waive a reading

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and stipulate to its accuracy yes have you uh emailed an exhibit packet with the required

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documents, including proof of ownership, proof of tax compliance, a copy of the refusal or

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referral, and photos and or plans of the property five days in advance of this hearing?

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Yes. And have you met with the RCO, and do you have a letter? Yes. Thank you. Now you may proceed.

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Well, I am the owner of 2230 West Ontario Street. Should I share my screen? Yes,

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please. Okay. I'll need a moment to make sure I'm doing it properly.

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We got it, Ms. Clark. Thank you.

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I am the owner of 2230 West Ontario Street, and I want to be a

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an owner -occupied renter. And my property is currently zoned as I2 industrial.

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However, I want to change the use to R1. Currently, I have a request in for use variance.

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It is possible that I've used the wrong terminology on my request for use variants, but my request is to rent the rooms on my second floor and reside on my third floor, which is now an apartment.

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So here's my zoning notice, which has been posted on my home continually.

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on my home continually this is my project information form

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This is my project information.

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the zoning refusal my application for appeal and this is my actual um

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if you could enlarge your exhibits that would be helpful ma 'am oh sure let's see

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Hmm, let me work on that.

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Can I just zoom in?

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Hmm.

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No, I'm sorry.

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Are you trying to -

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Is that better?

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If you go back to where you are -

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Okay.

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Okay. Zoning notice. Okay. This is the zoning notice. Shall I zoom? I don't know how to make

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it bigger. I'm sorry. So your vast screen, you can view. View? Okay. View.

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did that help maybe i'll right click and see if i can fully

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i'm sorry i don't know what i'm doing

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yes try that oh up here the magnifying glass I think that's search

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yeah that's search phooey uh let me try this you're using

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I have a mac this is a powerpoint presentation maybe that's where I should go powerpoint

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i'm sorry it's been a while since they used your mac all right well no i just

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move on if we need something specific we'll ask okay

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slide show oh boy slide show no worries you can keep going okay i feel like it's so so close but

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um i have the zoning notice for the meeting um the project information form

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the notice of refusal which reads um it was refused for the following reasons single room

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residence prohibited in the zoning district my zoning is currently considered i2 industrial

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and this is my appeal application stating that this property was already located in this zone

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and its current size shape and contours and dimensions the only capital improvements

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have been made to this property and i want to rent the existing rooms that are already in the property

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uh this is my um i'm so nervous please forgive me this is my deed glad i labeled it um showing

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proof of ownership of the property i'm going the wrong way i think

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and this is my certificate of tax clearance which was required for this procedure

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and this is my recent payment to the school tax form because since then my sister -in -law has moved

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in this is my letter of acceptance from the tayoga united rco for the community meeting which was held

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back in January. And one example of a neighbor's letter of support

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stating they live on the block and they're in support of my plan to rent rooms on my second

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floor to able -bodied, independent. This has been changed to individuals as an owner -occupied

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renter of three units at this address. That's one example. And this is the picture of my

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front of my property with the zoning notice that is posted as required. And this is the first floor

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living room, which is a shared space, dining room, the kitchen, oh, backyard. And some of the

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provisions that were required for the community organization was to store trash in the back of

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the property, the backyard, the shared kitchen on the first floor, second floor shared bathroom.

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on the first floor. Second floor, shared bathroom.

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Second floor, shared bathroom. Another visual of the shared bathroom for the three rooms that I

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want to rent. This is the second floor, middle room. Second floor, middle room.

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second floor front room more pictures of the front room

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front room and this is the rear room my sister has moved in when I started this process she

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moved in and I filed the tax payment based on the amount she was paying me for having a room

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in the home. This is the hallway. Now there are fire extinguishers throughout the home.

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And I also have an alarm system which can be automatically connected to the fire and police

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department if that is a requirement. I am willing to upscale my current alarm system. It's available.

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as an additional monthly fee.

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And that is the end of my slideshow for that.

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But I also have a Google Maps picture,

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which shows where the property currently is

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from an aerial view.

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And this is my property here.

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And as you can see from the aerial view,

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2230 West Ontario is actually a residential block, but we're surrounded by industrial

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enterprises, both on Westmoreland behind our property on 22nd Street, as well as to the west

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on Stockley Street. However, this block has always been residential for these houses

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and there used to be a particular business here that used to be called Snyder's, but now it was

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purchased by an organization, but it's not being used right now. So that completes my

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presentation if there are any questions that need to be asked please do so um but i'm just

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requesting the use variance because my zoning is industrial however this really is a residential

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block okay understood thank you um any questions from the board no no no no else would like to

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testify in this case? If so, please raise your hand. One of my neighbors was on Zoom, but I'm

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not sure if she's presently there now. We'll handle that, ma 'am. Thank you. Chair, we have someone that

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says call -in user 2. Call -in user 2. Yes, you've been unmuted. You can speak now.

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call please identify yourself with the records by your full name

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hello hello hello good morning please identify yourself with records

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um yes it's adrian fernandez swamp little neighborhood process association rcio

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we're going to tell the truth the whole truth nothing but the truth

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yes please proceed

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i'm just testifying that we support this project and we had um three provisos that

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we'd like to know if they can be um enforced the first one is uh

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excuse me yeah continue okay the first one is a one -year lease agreement because it is a

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boarding home and the second one the applicant jocelyn already mentioned which was trash stored

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in the backyard except trash days trash and recycling and the third one you can give me a

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minute oh the third proviso is um that owner occupancy is required yeah the first one and

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last one are not enforceable but we will make a proviso about trash anyone else okay thank you

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planning commission

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chair we have uh charles richardson sorry mr richardson you've been unmuted and you can speak

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Mr. Richardson, you've been unmuted and you can speak.

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Morning, Mr. Chair.

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Morning, sir. Please identify yourself and I'll swear you in.

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Charles Richardson from the Office of Councilwoman Cindy Bass, Green City Hall, 312.

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I swear to affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed.

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The Councilwoman has no objection.

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Though she normally does not support rooming houses, though the two RCOs do support it, so she has no objection.

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Thank you very much. Planning Commission.

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Thank you, Chair Chico, members of the board.

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The comprehensive plan, Ian Hegarty for the Philadelphia City Planning Commission, excuse me.

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The comprehensive plan recommends a zoning map change to ICMX at this location.

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The proposed single room residence isn't necessary to enable viable economic use of this property, though, which is currently a legal, non -conforming to family dwelling.

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So we would argue that the applicant hasn't demonstrated hardship.

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The City Planning Commission recommends that the board deny the variance.

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That block is residential, correct?

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It is, sir.

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our our recommendation of denial is based on the fact that there's an existing permitted use

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that allows the owner to make viable economic use of the property

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okay thank you all right mi 2020 -002194 -2230 west ontario my vote is yes with the proviso

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trash to be stored in

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backyard.

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Yes, with proviso.

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Yes, with proviso.

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Yes, with proviso.

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Thank you. Go to number 7

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MI 2021 -000

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465

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2252

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North Delhi Street.

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There's a letter

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of support from the 37th

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Ward RCO.

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Mr. Jin.

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mr jen is being promoted to panel this year

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good morning good morning please identify yourself and i'll swear you in yes zenjin z -h -e -n

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j -i -n 1617 john f kennedy boulevard suite 1838 philadelphia pa 19103 here on behalf of the

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

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I do. Mr. J, you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do. Also, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral,

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photos and plans five days prior to this hearing? Yes. Also, have you met with the RCO and have a

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Yes, we do. Thank you. Please proceed. Thank you. I'm going to share with the board the information relating to this case.

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Yes, I want to make sure I'm sharing the right information.

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So I have up in front of the board right now the refusal I want to point out this is an REM one zoned district with an overlay district for the NCP sub area C, which

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The lot itself is actually 1 ,231 square feet, would have otherwise been by right for three units, which is what we're asking for, but the sub -area C increase in requirement made it so that it was slightly short.

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We met with the RCO and actually obtained their support. A letter of support was submitted to the board. As you can see, for the most part, the community was in support of this.

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the area is again rm1 and the three family allows the units to be a little bit smaller and a little

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bit more accessible to the community with the plans and i'm going to show the plans first before

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we look at the photos because it's essentially a lot with the plans we made the roof deck very

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small because it's really for just a small outside space to put trash until pickup rather than having

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a full roof deck, which the community had concerns with. So the small roof deck design,

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a access pathway that's built into the property to allow rear yard access as well,

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all these in combination made it so that this use is not likely to cause problems that are

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generally of concern with multifamily, which is trash and density. We're also not proposing

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high density in the units, two bedrooms for the top two units, and one bedroom with rec area for

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the lower unit. The community, again, looked at the plants and had no real issue with the design

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The community, again, looked at the plants and had no real issue with the design or the density factor. We do provide a nice living area for all three units, along with a relatively large kitchen for particularly the first unit.

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with the density.

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So as a result, we were given support from the community.

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And once again, trash management is quite easy with this property because all units have access to the rear yard and the top unit, if they choose not to use the rear yard, can still store temporarily on the roof deck.

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So with that, we would ask the board's favorable review in this case.

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I'm happy to answer any specific questions from the board or show any other exhibit that's required.

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do you have a client to accept your testimony yes i uh mr uh chagai bader should be available

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to verify my testimony chagai can you raise your hand please

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mr bader you've been unmuted you can unmute yourself on your side and speak

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hello good morning sir please identify yourself spell your first and last name

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My first name is Chagai, C -H -A -G -A -I.

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My last name is Bader, B -A -D -E -R.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Thank you, Mr.

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Thank you.

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Mr. Bader, you heard my testimony and saw the presentation I provided to the board.

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Can you verify that what I've shown and stated are true and correct and adopted as your own testimony?

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Yes.

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Thank you.

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thank you any questions from the board no no no anyone else like to testify in this case if so

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please raise your hand there are no hands at this time chair thank you planning commission

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thank you chair chico ian hegarty for the philadelphia city planning commission

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uh chair members of the board the comprehensive plan recommends a zoning map change to rsa 5

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at this location the applicant's hardship claim is not supported with evidence of unique physical

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circumstances or conditions of the property this is simply a request to exceed the permitted

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dwelling unit count under the zoning regulations so the city planning commission recommends that

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the board deny the variance thank you mr jen how many units again was this this is a three unit

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proposal. Again, currently, this is an RM1 district, and the lot is actually 1 ,231 square

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feet, so it's a pretty large lot. We have no dimensional variances in this case. We're

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actually building according to all dimensions required with open space, rear yard, all meeting

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the cold. MI 2021 -000465 -2252 North Del High Street. My vote is yes. My vote is yes. My vote

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Street. I believe there's a Mr. Charles Farlow whose daughter, Sean Parsons, will be assisting

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her dad in presenting this application. There's a letter of non -opposition from Councilman

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Squilla and also a letter of non -opposition from the South Philadelphia Communities Civic

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Association. Charles Farlow, please raise your hand on which device you wish to proceed.

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Can you hear us, please?

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Farlow?

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Is this Ms. Parsons?

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Yes, sir. Can you please hear us, Chairman Frank?

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I can hear you, but we didn't hear your dad.

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Right here.

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Okay.

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Please spell your last name and I'll swear you in.

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F -A -R -L -O -W.

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You swear to affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you.

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And Ms. Parsons, you'll be assisting your dad, so please spell your full name.

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Sean, S -H -A -W -N, Parsons, P -A -R -S -O -N -S.

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You swear, affirm, to tell the truth, the whole truth, nothing but the truth.

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God's honest.

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Okay, real quick, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral,

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Proof of tax compliance, copy of the refusal or referral holders and plans five days prior to this hearing?

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voters and plans filed?

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Yes, sir. We emailed everything.

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Also, have you met with the RCO and have a letter?

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What is RCO, please?

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The community group? You guys met with the community group?

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Yes, yes. Mark Squilla, yes. We submitted that letter, yes.

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How about the community?

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we submitted a bunch of signatures on three or four pages yes I'm sorry if I could

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secretary confessor Ms. Parsons did you get documentation from the RCO notification email box

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of identifying who the RCO is that you should meet with to discuss the project excuse me this is

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sharon um they did meet with them it was south broad street they have a letter of non -opposition

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okay perfect thank you thank you thank you please proceed with your testimony ma 'am

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um i'm not sure what testimony we have um i'm sorry excuse me relax relax relax no no no

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don't get nervous you'll be fine i'm just tell us what it is you want to tell us what your

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application is about what what is it sure sure sure so uh my dad's house had a little out cove

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off the kitchen that was sinking and leaking so when we asked to get it fixed they said well you

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might as well extend off the kitchen which is what i'm going to interrupt you for a second

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do you have any photographs you can share with us oh that's where i feel defeated i sent everything

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i don't have a powerpoint like everyone else does but i sent everything sir

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i sent everything it's okay um chair if you like um i can try to have the

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zba staff look for it and um either email you guys or either i can try to present it's your call

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i just don't want to i want to make sure well we're not going to get a permit unless it's done

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correct it's not made what we're doing it's just an extension out in the yard i understand but

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we generally need photographs and or plans i provided them to you chairman frank i promise

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yes i will email them to tanya i'm not able to present but um tanya if i forward them to you

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will you be able to share your screen um i can attempt thank you thank you just hang in there

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let me ask uh mr haggardy of the planning commission do you have any of the visuals

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uh i don't have them to share but we have reviewed them do you have any objections to

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what is being presented we do not we believe this uh variance is de minimis

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so tanya and sharon unless we sharon unless we really need this for the record

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i think it's a pretty straightforward uh application i agree fine chair yes

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all right um any questions from the board no no no okay so mi 2020 does zero zero two one seven

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four two seven two zero fair hill street my vote is yes my vote is yes my vote is yes

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okay miss parsons have a good day you've been approved

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All right, next case. And to the court reporter, we have two cases left. Do you need a break now?

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Mr. Chair, if I could have two minutes, I would appreciate it.

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Take five.

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Thank you.

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Thank you. And we'll come back. We'll be on number 10, confessor.

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You got it, buddy.

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Excuse me, Chair. Did you say 10 minutes?

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uh i said five but five is fine five is fine thank you i said number 10 was on next our next

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case number 10 thank you thank you

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You

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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um chair this is sharon if we could speak offline for a moment

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yeah i'll call you right now

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Thank you.

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You

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Thank you.

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Confessor, would you please call me on my cell, please?

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Sure.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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okay i think we're all back ready to go and this will be case number 10 on our list am i

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i'm sorry there's an add -on correct yep okay calendar number mi 2021 000 423 1325 south 56

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street my vote is yes um excuse me um mr plaza this um hearing was the hearing was held last

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Wednesday, May 19th. It was held for receipt of the RCO letter, which we said would be read into

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the record prior to the vote. If I could just quickly read that into the record. Okay, that's

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fine. Thank you. Dear Chairman DiCicco and CBA members, the below participating members of the

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51st Ward Democrats RCO have adopted a position of support in the matter of the refusal of an

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application for 1325 South 52nd Street with proviso and a community benefits agreement.

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Application description for the relocation of lot lines from two lots to one lot parcel for

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the expansion of a non -conforming multi -family household living use 12 unit size and location

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family household living use 12 unit size and location as per plans one concern was the limited

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as per plan.

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number of near neighbors present at the original april 5th 2021 community meeting and the may 21st

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2021 meeting several issues were raised regarding trash removal and ada compliance ada compliance

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refers to the americans with disabilities act below is the summary of a public community meeting

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held on may 24 2021 regarding the above reference zoning proposal councilwoman goth the a's office is

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aware is aware of our position in this matter the applicant has informed us the building would be

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ad a compliant proviso the applicant has agreed to provide commercial trash removal to be adjusted

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seasonally the applicant has agreed to use containers which are readily concealable on

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site this matter will be revisited in three years there is also a description description of um

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a community benefits agreement and it is signed by the participating members um i would advise

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the board that the only enforceable proviso is uh commercial trash pickup thank you

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Thank you. MI 2021, 000423, 1325 South 56th Street. My vote is yes.

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I think that's 52nd. Is that 52nd Street?

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Yes, it is 52nd Street.

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i'm sorry 52nd street my vote is yes with proviso trash commercial trash pickup thank you

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yes with proviso yes with proviso thank you uh we'll now go to case number 10 mi 2020 -0021313625

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5 North 15th Street, Mr. Mulvihill.

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Mr. Mulvihill is coming in as a panelist, Chair.

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Good morning, Chairman.

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We just lost you.

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Mary, can you hear me and see me in about two seconds?

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there we go

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there you go okay good morning please identify yourself and i'll swear you in

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good morning chairman members of the board leo multi -hill that's m -u -l -b -s -m -victor

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i -e -c -i -m -l -p -l addresses 315 green street Philadelphia first floor 19123

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you swear a friend to tell the truth the whole truth and nothing but the truth

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I do.

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Thank you.

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Please proceed.

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Mr. Moore, will you agree to wait the reading of its refusal and stipulate to its accuracy?

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I do.

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Have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copied the refusal or referral five days prior to this hearing?

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I have.

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Also, have you met with the RCO and have a letter?

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I do.

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Please proceed. Thank you.

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So good morning, Chairman, members of the board.

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This is an application for a new two -family dwelling on a currently vacant lot at 3625 North 15th Street.

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Recently, in two other cases, this board has approved multifamily development on this very block.

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uh 3649 north 15th street and 3651 north 14th street party north 15th street those are both

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multi -family four unit dwellings those permits were issued in january and march of 2021 and those

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are cases that were previously handled by me uh this is with respect to that vacant lot for

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purpose of the record this is my zoning packet we have the refusal appeal and project information

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form at page one area zoning map seven deed eight commercial activity license at 14 tax clearance at

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15. our zoning notice is at 17. rco letter was not available at the time that i originally submitted

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this packet so i have slipped it in and i believe the board has received it under separate copy

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photos of the property are 20 and plans are at 30. so members of the board we're looking at a

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property that is zoned rsa5 this block is about half a block down from erie avenue and it's a

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one block over from broad street both of which are zoned cmx3 as we'll see in the zoning maps

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very shortly uh this slot is relatively decently sized at 1080 square feet and our proposal is for

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a two -family dwelling we received refusal for asking for two family in the rsa5 uh building

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asking for two family in the RSA 5. Building height we received due to the construction of

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height we received due to the construction

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the pilot house which I'll get into in a moment just due to points of egress and then rear yard

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depth we asked for a seven foot rear yard to allow for greater sizes of units.

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Members of the board I'm now showing page seven of my packet this is the overhead zoning shot

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showing both the map of the area itself.

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Oh, Mike, one moment, members of the board.

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So this blue pin indicates the property.

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It is a corner property on Lenox and 15th Street.

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This is broad.

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Pacific is just north of us, and Erie is just north of that.

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Scrolling down to the bottom of that page, it's 7th.

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The property is indicated in blue.

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Red is all CMX3 properties.

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Everything around here is on RSA 5.

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You'll see, members of the board,

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that there are a number of multifamily dwellings on the block already as I go through the photographs

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of whether those are legally permitted or not. In every instance, I cannot say, but there is

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precedent at the north end of the block, closer to Erie, as I stated earlier on the record, for

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multifamily. There's also a larger rooming house on the corner there. This is my client's commercial

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activity license at page 14. Tax clearance certificate application was not working, but

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What I did was print out a tax balance showing there are no taxes owed on the property.

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This is my zoning notification letter.

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We did have this meeting in person last year.

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This is the reverse of the letter that went out.

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And a copy of our proof of mailing at page 19 showing that 163 pieces of mail went out.

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They were sent in November 10.

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unnumbered but just for purpose of the record is a green and blue fax screen that was received by

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the zoning board this is the letter from the rco the community group the meeting itself was a little

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bit heated just because of the fact that a couple of residents who did attend and there weren't very

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many because this was in the middle of covet because this wasn't in person meeting initially

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and then we had a later meeting as well to discuss everything but in any case that the

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neighbors were a little bit concerned about multi -family in the existing area and the height

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of it all as i've stated on the record and as we'll see there's existing multi -family in the

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area the proposal for this two -family dwelling will allow us to build something that's more

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affordable for neighboring residents each of the units themselves in the proposed four -story

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structure. Our three -bedroom, four -bath, and about 1 ,750 square feet, the massings are about the

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same size as the adjacent properties, which tend to be larger Victorian homes. This is the zoning

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sign that was posted on the property. You can see the adjacent structure. My recollection, members of

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the board, is this had two mailboxes on it. Along Lenox Street, you do have the smaller two -family

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homes, not as grand as the ones on 15th. This is looking northbound on 15th Street. I'm just going

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scroll through my photos so we see everything these are all newer construction homes this is

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our vacant parcel this is looking down the block again we have a couple of vacant parcels larger

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three -story homes large three -story homes down the block this is the adjacent home that has two

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mailboxes and then properties across the street as well what i'm showing now is the elevation and

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the site plan members of the board. At the top of the photograph, pardon me, at the top of the

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screen, you see the photographs of the property. The lot itself is going to have a decent -sized

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front yard and rear yard. That's kind of why we match the property adjacent with their porch.

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Although we don't propose a porch, it is going to have a nice yard area for use by the unit in front

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and a nice yard area for use by the unit in the back. That's setback nine foot nine from the

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street. The rear yard is then seven feet, a little bit smaller. That's going to be

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produced by each of the units, one at the front and one at the rear. You'll see the

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pilot house. This is why we received our refusal for height. It is set back

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significantly from the street and from the rear of the parcel. So I believe it's

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about 16 feet or so set back. It's not a little bit further from the street, so it

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ought not be visible from street level. You have a 42 -inch parapet all around and

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roof deck for both the front and the rear units is set back as required by the zoning code from

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both street frontiers on lennox also on 15th the principal structure does not exceed 38 feet we

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have our parapet wall and then the pilot house because it is a little bit larger due to code

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does count towards our height which puts us at over that height limit but i would suggest numbers

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of the board this is a de minimis request just to comply with egress requirements each the entrances

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as i said our own lennox street the design itself is essentially a butterfly and as we

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the design itself is essentially a butterfly and as we get into the units themselves we'll see what

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get into the units themselves we'll see what we're talking about there

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we're talking about there this is a different view of what we have going on so rear of the property

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side of the property front of the property and then the floor plans itself so starting in the

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basement we have no bedrooms down there it is a large family room area about 11 by 17 give or take

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There is a half bath down in the basement as well.

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That's where we'll be keeping the mechanicals.

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Ground story, you come into the house along Lenox Street, and I'm just going to go through the front unit because the back unit is essentially the same.

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You come in, you have a closet, living, kitchen and dining area.

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Then we have these stairs that are tucked back to the rear of the unit to maximize interior square footage on the lot itself.

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and each of the floors are basically the same layout blue unit is unit one that tan unit back

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here is unit two you have one bedroom on each floor decent sized closet and a bathroom there's

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a closet on the first floor the second story we have a washer dryer and on third story the proposal

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potentially for a wet bar or something along those lines as well trash storage can happen in each of

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yards for each of the units the rear yard is 98 square feet the front yard which is set back as

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136 .5 square feet off to the right i have to move my window out of the way here members of the board

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what we have then is our roof decks as i noted before those are set back from all street frontages

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to allow for some additional outdoor space for each of the units that's essentially what we're

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looking at members of the board the hardship here is essentially that the lot itself is rather large

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construction of a single family home would result in that home as being relatively expensive

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for purchase having these two units on this lot will allow for a more affordable price point

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for anybody who wishes to move into these lots the lots themselves pardon me the parcels themselves

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and the units themselves are relatively decently sized while there were concerns that were raised

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by neighbors with respect to the construction with respect to the multi -family as you can see

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by the house immediately next door and by the properties I referenced closer up Erie Avenue,

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just half a block north. There is a precedent for multifamily development in this area.

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Members of the board, at this time, I'm happy to answer any questions. My client is unfortunately

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not available at this time in front of me, as he is out of the country, but I'll do my best to

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answer whatever questions you may have. Thank you. And we do have the RCO letter?

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uh the rco letter was submitted i believe it was ultimately in opposition based on the fact that

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they did not wish to have two families in the rsa 5 district

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and i believe that was uh sent from mr charles karn of the uh local community group

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um any questions from the board no no no

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anyone else who would like to testify in this case please raise your hand

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there are no hands at this time chair we have nothing from the district council person's office

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mr muffo i i don't recall receiving a letter from uh councilman bass's office

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Thank you, Chair DiCicco, Ian Hegarty for the City Planning Commission.

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The comprehensive plan recommends no change to the existing single -family zoning at this

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location.

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This is a vacant, rectilinear lot that presents no grounds for physical hardship, so the City

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Planning Commission would recommend that the Board deny the variance.

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Chair, we have recently seen that Mr. Richardson from Bass's office has

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raised his hand okay thank you mr richardson you can unmute yourself and speak now good

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identify yourself you're still under oath from earlier today good morning mr chair councilwoman

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is opposed to granting this variance uh mr richardson i'm sorry if you could please start

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off with identifying yourself for the record sorry sorry miss sunken charles richardson from the

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office of councilwoman cindy bass room 312 city hall

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so on their oath please proceed okay and as i was saying the councilwoman is opposed to granting

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this variance uh the rco did conduct a meeting uh the folks were against it and the rco came

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against it and the councilwoman uh feels that it could be better served as a single family home in

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the in the area thank you and thank you and we did get the planning commission

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yes sure you already did you yeah got it thank you

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Yes, Chair. You already did.

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Thank you. Yep. Got it. Thank you.

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MI2020 -002131 -3625

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North 15th Street. My vote is no.

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My vote is no. My vote is no.

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My vote is no.

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Thank you, Mr. Board. Have a good afternoon.

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Mr. Chair, do you want me to call 11 anyway?

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Well, I'm going to ask out. Let me ask if there's anybody here for it. MI 2020 -002 -179 -704 -North -23rd Street. Is there anyone here for 704 -North -23rd Street?

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Here, I have two people with their hands up. There's a John Griffin and then there's Mr. Anastasio.

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Let's get Mr. Anastasio.

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He's been promoted to panelists, Chair.

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Nastasia, are you testifying on behalf of 704 North 23rd?

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I'm sorry, Mr. Chair. I just wanted to bring to the attention that 1532 North 25th, which was

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case number three on your list for today, that was called, but I presented 2331 North Broad.

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Yes, I have that.

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Okay, I just want to make sure that we were still in the queue.

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Yes, we still have three and four left, so I'll let the chair know.

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Thank you.

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And Ms. Benton, could you promote John Griffin, who's the attorney, I believe?

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Okay.

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I believe Mr. Griffin is here for the next case, Kester Avenue, if you're mistaken.

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Everybody keep raising a hand. I don't know what's going on.

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Yes. Can everyone hear me? John Griffin?

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Mr. Griffin, what case are you here for?

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Judge, I raised my hand. I'm on 69 -15 Caster.

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I've been on since this morning.

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Yeah, we're getting to that, sir.

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Okay, I thought you said you had one left, and when I didn't hear it, that's why I raised my hand.

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Yeah, you're accurate, but we'll explain in a minute why I said I had one left.

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Is there anyone here for 704 North 23rd Street?

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there are no hands at this time chair okay no exhibits it's the second listing mi 2020

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that's zero zero two one seven nine seven oh four north 23rd my vote is to dismiss

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my vote is to dismiss dismiss dismiss dismiss

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Ms. Smith. Calendar number 1121 -6915 Castor Avenue. The attorney is Mr. Griffin.

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And there's a letter of support from the RCO community on the rise.

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Mr. Griffin. Mr. Griffin has been promoted to pay him this year. Mr. Griffin, can you put your name and address on the record and spell your last name, please?

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please? Yes, that's John J. Griffin, P .O. Box 571 Lafayette Hill, Pennsylvania,

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19444. Thank you. Thank you. Can you spell your last name, please? Yes, G -R -I -F -F -I -N.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do. And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral, photos and or plans of the property five days in advance of this hearing? And have you met with the RCO? And do you have a letter?

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Yes. And yes. Thank you.

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Thank you. You may proceed.

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uh uh Mr. Chico members of the board uh I had forwarded uh back uh at least five days ago

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uh a cover letter uh together with exhibits uh as I'm talking to you I'm trying to

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simultaneously do a few things in terms of uh screen sharing uh and I will certainly get to

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that. But essentially, I represent Mr. Astrid Maraca and Gertie Tifa. Mr. Tifa, I believe,

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is on this Zoom call as well. We are seeking a variance for a newly constructed two -story

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mixed -use building at 6915 Caster Avenue. This is a vacant lot which sits next to

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an existing business an hvac store called uh line electric uh the owners of mr griffin

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called uh line electric uh the owners mr griffin pardon the interruption do you have any exhibits

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you can share with us uh the exhibits are there and i was just attempting to screen share as we

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speak um so if i can uh uh look to get this accomplished so mr griffin if you open up the

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document that you wish to share and allow that to be open on your desktop if you're using a computer

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then you're going to look on your zoom application at the bottom of the screen

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you'll see a green button that says share when you hit that then hit the document you wish to share

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i am uh uh if i'm talking to tanya thank you you're welcome i'm doing that um i've hit share

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content okay i've gone to my dropbox folder okay and and it keeps telling me to sign into my dropbox

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when i'm already signed in so do you actually have the document opened up already i do so did

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you hit that uh because it should be open on your desktop and then it will allow you to go right in

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to share it i i okay you know what i uh it says copy link um um excuse me sir as tanya's saying

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um if you have it visible on your screen you should be able to just click on the image of

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it when you hit click share screen just click on the image of your document and it should

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uh i i have clicked on it

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um but i don't i don't see it coming up on my zoom feed

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can everyone still hear me yep yes i'll hear you we just don't see anything

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uh perhaps what i can do here is um

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share a copy link, export file, or invite to file.

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So it shouldn't give you any type of direction or commands because your documents should be

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already visible. Are the actual pictures and the documents, refusals and so forth already

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up on the screen where you can visibly read it? Yes. Okay. So when you hit the share,

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the green share button, and then you'll see other documents pop up, you're going to look for the one

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that you want to share, which is those documents that's open already. It shouldn't take you into

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your Dropbox. You're talking about on my Zoom screen? No, on your actual computer. Because

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when first you're going to do the Zoom, hit the share screen, and then it should pop up telling

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you different things it's open on your computer which one you want to click on to share

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uh screen photos icloud drive perhaps i should go sorry sir are you using an ipad or are you using

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could could i could i could i interrupt for a moment um i'm just wondering tanya and pauline

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uh if you guys can work with uh mr griffin we maybe we can go to the other cases in the interest

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of time and come back okay sounds good chair sounds wonderful all right so let's go to the

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other cases carol and then we'll come back to mr griffin uh 13 is continued 13 is continued

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14 we already voted wasn't there um so now we have three and four three and four on the calendar

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Calendar number 0461, 1532 North 25th Street.

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The attorney is Vern Anastasio.

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We are now getting information from Mr. Griffin's screen.

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I think I may have figured it out.

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But it's still not showing your documents, though.

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It just say you're sharing a screen, but no documents.

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Okay, now, there we go.

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I think we might be good.

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I don't want to lose a chair.

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So, Vern, you'll have to wait a few more.

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Vern, hold up.

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So be it, so be it.

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One of those mornings.

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Okay, Mr. Griffin, please proceed.

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Very well.

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Commissioner, as you can see, there was initially a cover letter.

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uh we then move on and we get to the exhibits there is a uh rco

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and we get to the exhibits. There is a RCO letter in support from Community on the Rise.

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There is also three other letters of support. They consist of neighbors that are in very close

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proximity to this particular project. We then move on. There is

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pictures there. I'm showing them right now. If you can see them, you will see where it says the

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PBC. That is, in fact, the building currently existing owned by my clients.

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could you rotate that sir um i sure would like to try

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um if you have her oh you're on a are you on an ipad um i am on an ipad

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um all right gotta get continue we'll try to figure it out okay and then that that that open

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area right there is where the, uh, the new building and the structure would go. Uh, we also

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have, um, uh, site plans that were designed by, uh, Plateau Maranacos. We also have the property

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deed in question. Uh, we have the, uh, applicants, we have the refusal, we have the applicant's,

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tax clearance. What we're seeing right now are part of the exhibits. And then finally, we also

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have the posting. We have the deed to the property right there. Essentially, what we're trying to do

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is stay consistent with this area. This Castor area has had numerous other similar type situations

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that were presented and approved but what's different here is we're just trying to add

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residential apartments to the second floor whereas the first floor is a commercial use

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this area or that that spot right there has been vacant for quite some time it's a bit of an eyesore

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I think it speaks volumes that the people that are closest to this situation are fully in support.

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The RCO, and I believe it's Ms. Solomon, my understanding is that she resides very, very close to this particular location.

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I think that gives her an extra keen type of awareness as to what is needed in this particular area.

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As I said, the owners, they're not absentee owners.

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They've been in this area.

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They have this business now for at least 11 years.

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And we're just trying to get this accomplished.

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is your client available to adopt your testimony uh he he certainly is he could raise his hand

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and his name what is his name uh gertie tifa mr tifa are you there

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he can unmute himself and speak

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please identify spell your first and last name first name gerti last name tefa g -e -r -t -i

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t -e -f -a do you swear or affirm to tell the truth the whole truth and nothing but the truth

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I do.

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Thank you, Mr. Griffin.

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Mr. Teffa, good morning or perhaps now good afternoon.

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Were you able to hear my presentation with regard to your property?

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Correct.

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Were you able to see on the screen my amateur attempts to share everything appropriately?

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Correct.

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And did you listen to my testimony and listen for its accuracy?

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Yes, I did.

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Was it, in fact, accurate?

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Yes, it was.

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Do you adopt my testimony as if it were your own, sir?

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Yes, I do.

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Commissioner DiCicco, I have nothing further unless there are questions.

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Thank you.

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Any questions from the board?

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No.

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No.

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Anyone else would like to testify in this case?

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Please raise your hand.

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There are no hands at this time, Chair.

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thank thank you planning commission

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i think

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i think he may have to unmute my apologies thank you mr griffin uh chair seco members of the board

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with the philadelphia city planning commission the comprehensive plan recommends no change to

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the existing ca1 zoning at this location however the proposal is consistent with recommendations

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in the comprehensive plan promoting strong commercial corridors transit oriented development

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in this area the proposed developments also consistent with the existing non -conforming

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mixed -use character of this block face and so the city planning commission would recommend that the

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board grant the variance thank you mi 2020 does zero zero one one two one six nine one five caster

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avenue my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes thank you go

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back to number three and four right is it number three are they heard together no no no no just

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okay i'll call it again calendar number 0461 1532 north 25th street mr anastasio name and address

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on the record please and spell your last name thank you madam vice chair verne anastasio a -n -a -s -t -a -s -i -o

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1315 walnut street suite 1006 philadelphia 19107 representing the owner of uh of subject property

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at 1532 north 25th street which is if you look follow my cursor it's right here you're still

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under oath and do you agree to waive the reading of the refusal and stipulate to its accuracy

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I do.

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You have the entire exhibit packet in with proof of ownership, tax compliance, refusal,

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photos under plans five days in advance of this hearing, and have you met with the RCO,

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and do you have a letter?

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Yes to everything.

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Thank you.

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You may proceed.

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Okay.

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Thank you.

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Mr. Chairman, members of the board, here's the vacant lot.

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What we're proposing is a two -family dwelling for a new structure.

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very handsome uh brick facade which was at the request of the members of the rco

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this is a very small sliver on the block of north 25th street that is zoned rsa 5

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on the very same block almost 40 percent of the of this side of the street is zone rm1 across the

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street from directly across north 25th street the entire block is rm1 and all the homes behind

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here on the back street behind this property the entire block both sides of the street rm1

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so we have we are sitting in a little tiny um speck of rsa5 in a sea of residential multifamily

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And which is why I believe that these lots have laid vacant for such a long time.

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What we're proposing is a two -family dwelling. As I said, let me show you the interiors.

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unit two is sixteen hundred and seventeen square foot unit unit one fourteen fifty nine

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and there's a full basement as well as i said i we've met with the rco

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and let me share with you

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they're coming in with non -opposition as i can show you right here

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and with that i have also have the tax cert proof of mailing the flyer that was mailed to the

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community and all other supporting documents that i'd like to enter into evidence at this time

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and with that my client who has been waiting since case number three um patiently uh thank

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I'd like him to raise his hand, Isaac Badouche.

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Mr. Badouche, you can unmute yourself and speak now.

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Hello, my name is Isaac Badouche.

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Yeah, Isaac, please spell your full name again.

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I -S -A -A -C -B -A -D -O -U -C -H.

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

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I do.

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Thank you. And I apologize for the mix up in the cases.

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Thank you.

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I think it was my, I think I presented wrong, Mr. Chairman. I think you called the right one.

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It was my, I dropped the ball on that. But nevertheless, Mr. Badouche, did you hear my presentation to the board today?

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Yes.

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Yes.

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Okay.

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Okay. And was it true and accurate to the best of your knowledge?

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And was it true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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I have nothing further, Mr. Chairman.

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Thank you again for your patience today.

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Any questions from the board?

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No.

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No.

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No.

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Anyone else like to testify in this case?

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Please raise your hand.

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no hands chair you planning commission

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thank you chair to chico ian hegarty for the city planning commission

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uh chair members of the board in 2014 the zoning map was amended from rm1 to rsa5 at this location

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in accord with recommendations from the comprehensive plan and with the support of

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the community this was an intentionally uh zoned block into rsa5 during that process

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The applicant's hardship claim is not supported with evidence of unique physical conditions of the property.

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And so, accordingly, we have to recommend that the board deny the variance.

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Mr. Chair, just for the record, I understand Ian's got to do his thing.

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Just for the record, as many, there are as many vacant lots zoned.

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There's actually more vacant lots on this block zoned RSA 5 than there are actual single family homes.

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and i think the market market conditions support that yeah like you said it's like a spec as you

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said uh compared to all the other multi -families mi 2021 000 461 1532 north 25th street my vote is

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yes my vote is yes my vote is yes my vote is yes thank you all see you next week

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Number four, Carol.

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Number four, calendar number 0557, 1536 South 15th Street.

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The owner is Amber Jones.

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Okay, now let's check.

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Amber, what kind of device are you going to be sharing your screen with?

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What do you have?

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You can raise that hand.

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Kenneth, are you going to be presenting for Amber, the screenshot?

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Yes.

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I'm the architect and advocate.

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I can share the documents through my screen.

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Okay.

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But where's Amber?

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She's on the phone.

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It looks like it says Galaxy S8.

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Yeah.

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My phone number is 267 -400 -6981.

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Okay, we don't like full numbers stated.

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I'm sorry, yes.

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We can have Amber do the speaking

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and you can share your screen after you're promoted

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so that you can only present,

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but she will do talking

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unless the board asks questions

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that the architect would need to handle.

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Thank you kindly, Kenneth.

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Okay.

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Amber, can you unmute yourself?

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I did, can you hear me?

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Yes, now I can.

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Amber, can you put your name and address on the record and spell your last name, please?

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Amber, J -O -N -E -S, 1536 South 15th Street, Philadelphia, PA, 19146.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes.

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And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter?

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Yes.

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Okay, you may proceed.

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okay so um i'm requesting a variance to um convert a single family into a two -family

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um unit um my uncle has was is disabled and has recently been amputated and it's hard for him to

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go up and down the stairs so i'm requesting that i can have two bi -level units where he

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reside on the first floor

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and I will reside on the second

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and third floor.

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So it can be easier for him to get

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around with him being amputated.

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Have any exhibits?

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Mornings, photographs?

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Can you see my screen?

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Can you see my screen?

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Yes, we can.

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Okay.

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All right. So this is the deed for ownership. I'm sorry, Kenna.

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I'm sorry, Kenneth.

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Yes. The chair is just requesting the plans and.

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Yes.

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The chair is just requesting the plans and the photos.

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Okay.

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And then Amber will speak to what's being shown, if we would.

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That's the photos.

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Okay.

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So you want me to go through the plans or no?

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So it's up to the chair, but if we could swear Kenneth in prior to doing so.

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Mr. Johnson, please identify yourself with the record, and I'll swear you in.

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John Johnson, 43 E. School House Lane, Philadelphia, PA.

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Swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you.

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Please proceed.

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Okay.

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Description of what's being proposed.

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Yes.

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It's an existing three -story building.

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So we're not expanding the building, but we are adding a roof deck, and this is the site

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plan.

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And as you can see, the front of the building is three stories, and this goes down to two

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stories and then it goes down to one story and then you have your yard.

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And the proposed layout is you come in, you're going to add a wall here with a door that

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goes to the first floor unit and the second door that goes upstairs when you come into the first

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floor unit got living space got a bedroom uh you keep going you have a bathroom shared bathroom

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you keep going you have a bedroom and then the existing kitchen is in the back and then you have

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the door to the rear yard the door to the basement once you go down to the basement the basement is

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just utilities and the laundry area and there's an existing powder room down there that the owner

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would like to keep. And if you come back through the building, come up to the front door, go through

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the second door to go upstairs. You come in upstairs, we want to do a new kitchen, a pretty

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large kitchen. And you have a shared bathroom. We'll take some walls down. And so you enlarge

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that space to a living area in a separate utility closet. Then you go around and you go up. And once

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a bedroom suite and a laundry, and then we're going to add a small access to a deck that

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goes out. It's a spiral stair that goes to the roof on top of the third floor roof. That's

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it for the plans. Any questions from the board? No. No.

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Anyone else would like to testify in this case, please raise your hand.

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There are no hands at this time, Chair.

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Thank you. Planning Commission.

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Thank you, Chair DiCicco, members of the board, Ian Hegarty with the Philadelphia City Planning Commission.

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Comprehensive plan recommends no change to the existing single -family zoning at this location.

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the applicant's hardship claim doesn't seem to be related to physical circumstances or conditions

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of the property and so accordingly the planning commission would recommend that the board deny the

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variance. MI 2021 -000 -557 -1536 South 15th Street my vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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I think that concludes the morning list.

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Yes.

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Okay.

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Thank you all.

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And see everyone back at two.

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Chair, if I could ask that everyone check their email before starting the two o 'clock session,

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there is an additional add -on that you should be aware of.

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Thank you.

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Thank you.

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All right.

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See you all at two.

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Thank you, board members.

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Bye, Ian.

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So is that going to be number one, Frank?

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Yes.

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Okay, I was talking with my microphone off.

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No problem.

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That'll be number one, but before we get to that,

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pardon me, make sure that we're ready to go.

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We are ready, Chair.

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Ready to proceed.

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That's good.

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Thank you.

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Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our vice chair, Ms. Carol Tenere,

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our board secretary, Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James Snell,

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Board Administrator Yvette Benton, and Board Attorney Sharon Saleta are also in attendance.

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board administrator, Yvette Benton, and board attorney,

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded, and that by participating, you acknowledge your agreement to be recorded.

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And to also know that the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat that.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267 -270 -5548 and leave your email address and the address of the property at issue.

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I will repeat, to enter an appearance statement, call Google 267 -270 -5548 and leave your email address and the address of the property at issue.

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I would also like to remind everyone, please do not attempt to testify in the chat.

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Any comments should be directed to our board administrator, Ms. Benton.

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Thank you for that.

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With that, I will read off a list of continuances that have been requested on the two o 'clock list.

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Number three on our list, MI 2020 -003416.

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134 East Susquehanna Attorney Moving Party.

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Pardon me, number eight on our list, MI 2020 -001005.

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3656 Edgemont Street, and number 12 on our list, MI 2021 -001 -004, 8400 East Roosevelt Boulevard.

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If anyone objects to those cases that have been just read out as being continued,

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please raise your hand at this time.

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there are no hands at this time chair thank you i will now ask if anyone is request would like to

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request a continuance or withdrawal to raise their hand at this time if you want to request

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a continuance or withdrawal please raise your hand at this time here we have a russell manning

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Mr. Manning, you can unmute yourself and speak now.

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Good afternoon, sir. Please identify yourself for the record, spell your full name, and I'll swear you in.

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Good morning, Your Honor, Mr. Chairman. Sorry, my name is Russell J. Manning.

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I'm an attorney with the law offices of Karen Ann Ulmer, and I have been retained by the concerned citizens of Point Breeze.

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Sir, would you please spell your last name?

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M -A -N -N -I -N -G.

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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, Your Honor. Mr. Chairman. Yes, Mr. Chairman, I have been retained by the concerned citizens of Point Breeze in regards to appeal MI -2021 -001578 in regards to the address 1420 and 1428 -32 Point Breeze Avenue.

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excuse me this is sharon if i can interrupt for one minute we i know that you are requesting a

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continuance in this case but we also have not received any exhibits um it's number four on

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your list chair right i saw that but we'll continue that case okay okay so mi mi 2021 -001

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1578 1420 Point Breeze Avenue is continued.

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Anyone else requesting a continuance or withdrawal?

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Please raise your hand.

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There are no other hands at this time, Chair.

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Okay, so with that, the case, a rehearing case, MI 2020 -0003401530 West Shampolst.

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Anyone here for 1530 West Shampolst?

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Sharon, we have Andrew Walker.

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Excuse me, this is Sharon Saleta.

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I believe that Ms. Sandra Broadus, who represents ACCA, the RCO, that requested the reconsideration and rehearing, she is also present.

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Mr. Walker is the property owner.

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Yeah, so let's hear from Ms. Broadus.

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She has to raise her hand.

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Ms. Broadus, can you please raise your hand?

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Our hand is not up at this time, Chair.

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we we have had the reason for the rehearing is technical difficulties before so let's go to

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number two carol on the list and then calendar calendar number one zero zero two 1244 south

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26th street the attorney is henry clinton

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okay

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Mr. Clinton, can you please raise your hand?

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He's also number five.

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Yes.

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He hasn't raised his hand at this time, Chair.

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All right.

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Let's use number five.

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Three and four is continued.

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Let's go to number six.

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Calendar number 1007, 2333 East York Street.

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The attorney is Alan Nocklinson.

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Mr. Nocklinson, you've been promoted to panelists.

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You can unmute yourself and speak.

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also chair mr clinton has his hand up now hold on mr knockinson we're going to go back to mr

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clinton let's go back to number number two on our list 1244 south 26th street right mr clinton

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can you please put your name and address on the record and spell your last name

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sure and thanks for your patience so let me uh get on mute i appreciate that

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C -L -I -N -T -O -N, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.

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

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I do.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

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voters under plans of the property five days in advance of this hearing and have you met with the

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RCO and do you have a letter? Yes. Okay you may proceed. Thank you. I'm sorry Mr. Clinton hi

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could I get a little bit more volume from you please? Absolutely is that better? Yes thank you

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kindly. Yes. Thank you, Ms. Sunkit. Can you see the screen, Mr. Chairman? Yes. Okay. So this is the

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hearing for 1244 South 26th Street. On the line with me is the principal of JRG Properties, Jerry G.

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Loretta. There's a table of contents for my presentation today, and I'll walk through them

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as needed appearance statement. This is the refusal. This is a CMX2 zone property. It's on

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the corner of 26th and Latona. It's been a vacant lot for many, many years, a few decades, I

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understand. And we have two refusals. As the board knows in the CMX2 district, it's required to have

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commercial along the first 30 feet of the building depth. And we would be permitted to have two units

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above. There's also a open air refusal, which we have cured. We have now indicated open space at

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We have now indicated open space at 20%, and we have revised plans and a proviso sheet if the board looks kindly upon this application.

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20 % and we have revised plans.

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So in the CMX2 zoning district, we would be permitted commercial and two units above.

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This request is simply for two residential units.

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The commercial district in this area is on Washington Avenue, and I can show you that with the aerial view.

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We do have a letter of non -opposition from residents organized for advocacy and direction.

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That is a splinter group from Grace Ferry Community Council, and they are the designated RCO in this section of Grace Ferry.

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We also have a petition signed by seven people from the block, and then there's other signatories from surrounding blocks.

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Photographs, to give you the border perspective, this is the vacant lot.

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Washington Avenue is to the north, and now we're looking west. You can see there's a lot of new

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construction already on Latonia Street, but the corners here, which are zoned CMX, and you'll see

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that in my zoning plan, they're all residential. There's really few stores in the area. This is

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looking south toward South Philadelphia. There's a church here, Old King of Peace School, and there's

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an apartment building there the residential and across the street is commercial this is a commercial

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building across the street again just indicating our posters have been presented this is our

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proviso sheet which has been forwarded to miss saleta i can walk through the plans

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so this is latona street all brick front elevation also will be brick with some

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Cement board siding, two units, first basement of first floor is one unit, second floor and

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third floor is another unit, and there's outdoor space for the resident of the second and third

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floor. The basement of first floor has the outdoor space in the yard. The rest of my documents

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include tax certifications, you know, the mailings and all the typical pro forma documents that one

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would expect a presentation before the board so i would entertain any questions from the board

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and or i would ask my client if he's unmuted to adopt my testimony so in summary though this is a

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cmx2 property commercial is not really viable in this area on 26th street the commercial corridor

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is both gracebury avenue as well as washington avenue and i think the community is looking to

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bring residents into the area that can then patronize those businesses on those two avenues.

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Okay, Mr. Giloretto.

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Jerry, can you unmute yourself?

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Mr. Giloretto, you've been unmuted.

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You can unmute yourself and speak now.

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Mr. Giloretto, please identify yourself with the record.

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Spell your last name, and I'll swear you in.

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Jerry Joloretto, G as in George, I -A -L -L -O -R -E -T -O.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you, Mr. Clinton.

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Mr. Joloretto, have you been on this call when I presented your project?

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Yes.

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

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Yes.

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Thank you, Mr. Joloretto.

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Thank you.

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Any questions from the board?

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No.

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No.

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If anyone else would like to testify in this case, please raise your hand.

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There are no hands at this time, Chair.

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Thank you.

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Planning Commission?

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Good afternoon.

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This is Greg Waldman, Planning Commission staff.

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Greg, would you spell your full name?

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Gregory Waldman, G -R -E -G -O -R -Y, last name Waldman, W -A -L -D -M -A -N.

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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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Thank you. Please proceed.

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The comprehensive plan recommends a change from the commercial mixed -use zoning to a single -family residential zoning at this location.

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The proposed two -family dwellings is an overuse for the undersized lot, which is just over 800 square feet.

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The City Planning Commission recommends that the Zoning Board deny the variance.

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MI 2021 -001 -002, 1244 South 26th Street.

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one two four four south 26th street my vote is yes my vote is yes

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My vote is yes.

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My vote is...

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excuse me this is sharon with revised plans how many pages one page one page my vote is yes with

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revised plan one page approved today my vote is yes proviso yes with proviso yes with proviso

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So, Carol, let's go to number five since we have Henry's here.

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Calendar number 1714, 1608 North 27th Street.

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Mr. Clinton, name and address on the record and spell your last name again, please.

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Sure.

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Henry Clinton, C -L -I -N -T -O -N, 1313 South 33rd Street, Queen Memorial Building, 19146.

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You're already under oath, but do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet consisting of proof of ownership, tax compliance, refusal, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO, and do you have a letter?

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Yes, I have, all of the above.

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You may proceed.

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I'm still sharing my screen.

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This is a new project, 1608 North 27th Street.

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And this is the table of contents, presentation binder, and I'll walk through these as need be.

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Appearance statement, refusal.

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This original refusal was for three -family dwelling.

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Over the course of the last seven or eight months, we've met several times with the community group because this is an oversized lot, and they have asked us to make a number of changes, which we've had.

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So the proposal today that is in front of you is for a two -family dwelling and not a three -family dwelling.

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We have an RCO letter of support from the community group.

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This is photographs. This was taken, obviously, in the wintertime to show you the depth of the lot.

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It goes almost all the way through to the other side, the other side street.

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It's actually the largest lot in depth on the block.

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This is a parking lot for the Kelley School,

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which is right here.

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And this lot is adjacent to the parking lot.

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Another perspective looking West.

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Plans, and by the way,

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with me on the call is Brian Flanagan,

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the principal or the applicant,

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as well as Derek Spencer, the architect for the project.

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So this is our revised proviso plan. We reduced the number of units from three to two.

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We increased the open area from 41 percent to 47 percent. We increased the yard,

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basically doubling the size of the yard. This is the zoning plan.

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i just want to show the board this is a rather large lot

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goes from 27th street almost all the way to the rear

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and what we've done is derek did a good job of moving the house back so the faces of the homes

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line up on 27th street we also moved back the depth of the house on the first floor as well

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as the second and third floor and this is the floor plan for the basement we have steps exiting

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the rear as well as steps exiting on the front of the property that's unit one and unit two

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is on the second and third floor unit one is the basement of first floor

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But I wanted to show the board.

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This gives the board a better flavor for the lot itself.

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The depth of it, it's over 101 feet long and be very difficult.

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Well, not difficult, but I think would be an oversized single -family home on this project.

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Across the street, there's a duplex.

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on the block there's a there are two churches so it's kind of a mixed block

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a single family and some commercial

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the rooftop deck will be set back appropriately and have

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a mansion roof on the front of the building to give it some detail

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there's the front elevation of the property

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Derek also has a door here that leads down the side of the property into the rear yard so there's

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access from the rear yard to get to the front. You also step back the third floor.

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from the rear yard to get to the front.

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You also step back the third floor,

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maintain the cornice line so that it's in symmetry

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with the house next door, not necessarily out of context.

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This is a view looking toward the north.

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Again, nice fenced in yard, mansard roof,

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and the parking lot that I showed you

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in the aerial photograph is right here.

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Again, just to show the board,

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The project started out pink, moved the yellow, and we're in the gray area right now.

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And this is the project that the community group pushed for and is in support of at this point.

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Again, just showing you how the project diminished over time with numerous meetings with the community group.

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So the rest of the documents are tax certifications and other pro forma documents

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that, again, you typically see in the presentation before the board.

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So I have the architect here as well as the principal for any questions concerning layout, design, whatever the board may feel.

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Do you have any questions for the architect?

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No, Mr. Chairman, I do have a comment.

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Please.

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I think working with the community and the architect came up with an excellent quality design.

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I thank them for it.

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Thank you.

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I think you're correct.

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Looks good. Mr. Clinton, you want to bring on your client to adopt your testimony?

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Sure. Could Mr. Brian Flanagan be unmuted?

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Mr. Flanagan, you've been unmuted. You can unmute yourself on your side and speak.

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Good afternoon, Mr. Flanagan.

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Mr. Flanagan, please identify yourself with the record first and last name.

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Spell your name.

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Brian, B -R -I -A -N, Flanagan, F -L -A -N -A -G -A -N.

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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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Thank you, Mr. Clinton.

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Mr. Flanagan, you were on the call during the presentation of this project, correct?

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Correct.

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Okay, and you heard my testimony?

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Yes.

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and if you had the opportunity to testify would you adopt my testimony as your own

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and as true and correct yes i would thank you mr flanagan

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mr clinton was there a revised plan yes revised plan many pages one page one page okay all right

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again any questions from the board no no anyone else would like to testify please raise your hand

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there are no hands at this time chair thank you planning commission

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good afternoon this is greg waldman planning commission staff the comprehensive plan recommends

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no change to the existing residential single -family zoning at this location.

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There are no unique physical conditions particular to this vacant lot that create a hardship for not

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developing it to meet the code requirements of the single -family zoning. The City Planning

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Commission recommends that the Zoning Board deny the variance. Thank you, thank you. MI 2020 -001714

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1608 North

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27th Street

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my vote is yes with the proviso

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revised plan

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one page approved today

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yes with proviso

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yes with proviso

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okay I think now we're ready

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how do we make any headway

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with Champal Street

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Ms. Bronis has her hand up now chair. Chair before we move on this is the reporter may

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I have just a very brief break to uh adjust my backup this this will only take a second

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hello yes John I went blank there for a moment who's speaking I'm sorry this is the court

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reporter. I just need to make a change to my backup. Sure, sure. I'm sorry. My screen went

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blank there for a minute. Okay, one second, please. Take your time.

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Thank you.

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Thank you.

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Thank you very much.

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I'm ready now.

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Thank you.

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And I lost my connection.

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Are we ready with the Chample Street?

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Our hand up now, chair.

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Are you to that again?

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Ms. Brodus has our hand up now.

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Okay, if we're ready.

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You can go ahead and promote her.

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Okay, this is for case number MI 2020 -000340 -1530 -Shamples.

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Excuse me, this is Sharon. If the property owner, Mr. Andrew Walker, is present, if he could also be promoted, please.

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Mr. Walker and Ms. Brodus have been both promoted to panelists.

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Thank you.

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Thank you.

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The request for the rehearing was by Ms. Broadus.

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So please begin.

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Pardon me.

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Ms. Broadus, you can unmute yourself.

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looks like we're still having problems here okay so let's go to thank you tanya i'll go to number

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6, MI 2021 -001 -007 -2333 East York Street. Mr. Nockins. Chair, before you begin that, could I

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say that Ms. Broadus, if you're listening, you could call on my cell phone. If you aren't able

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to connect, you can call on my cell phone and I will put you on speaker.

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all right let's do uh number six first and then we'll see if she calls in

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mr notkinson uh yes uh good afternoon mr chair members of the board alan notkinson of notkinson

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pc 123 south broad street suite 1600 philadelphia pa 19109 thank you do you swear if I'm to tell

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the whole truth and nothing but the truth? I do. Do you agree to wait the reading of the refusal

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and stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership,

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tax compliance, refusal, photos, and or plans of the property five days in advance of this hearing

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and have you met with the RCO and do you have a letter? Yes, in all respects. Thank you. You may

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proceed. May I share my screen? Yes, you may. Thank you. Sure. Good afternoon, again, Mr. Chair,

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members of the board. I'm here to present 2331 -33 East York Street. You will see in the table

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contents of my materials, the deed to the property, the tax clearance certificate showing that my

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client 2331 East York LLC is in good standing. You'll see the notice of refusal for this mixed

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use property of CMX2 and RSA5. I will then show you the application for appeal, then maps of the

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area, both zoning as well as a Google map, photographs of the property in the surrounding

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area, architectural plans and drawings, and then I'll show you the detailed history of this property

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showing a letter that we received from Old Richmond Civic Association as it pertains to

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this Sony appeal, but also a letter of support from Old Richmond Civic Association for basically

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the same project. A letter of non -opposition from Councilman Squilla recently issued,

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as well as a letter of non -opposition from Councilman Squilla in 2016. So first you'll

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see the detailed property, 2331 E York LLC. They're the owners of the property at 2331 -33

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East York Street is now a consolidated lot.

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You'll see that there was a balance for 2021

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for this property, but that it was,

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let me just minimize this a little bit.

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It was recently paid, so there is no balance sale.

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And then you'll see the notice of refusal.

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So this is mixed zoning. And this board heard this same matter in August of 2016, where they're granted this variance to consolidate the lots to allow for a restaurant on the first floor and residential above under calendar number 27856.

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So this is mixed zoning.

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So, and this board heard this,

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2331 is the rsa 5 portion of the property and 2333 east york street is the cmx 2 portion of

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this property my client would you make that a little bit larger please oh yeah of course

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is that good that's better thank you okay yeah so and we'll see through the pictures what you'll

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see. But 2331 is currently off -street parking. It's a side parking spot. And 2333, which is the

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RSA 5 portion of it, to 2333, it looks like there's two doors where it used to be a barber

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shop back in the 60s, and it looks like two residential. Anyway, my client, this board heard

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this in 2016 to consolidate 2331 and 2333 into one property, which happened, and to use the

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first floor as a restaurant and the upper floors as residential. My clients purchased the property

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recently. They thought that they were going to be able to just do the project by just

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submitting building permits and such. Unfortunately, time ran out. As the board knows,

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Even though the predecessor got a zoning permit in 2016, if work wasn't done or at least commenced within that three -year period, essentially the property owner has to start from scratch.

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So basically, to my client's shock and amazement, they have to go through this whole process again.

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But you'll see that the refusals, the first one, again, because they take the most restrictive zoning restrictions, we're proposing to put four dwelling units on the second and third floors because they're taking the RSA 5 requirements.

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requirements that's not allowed in the RSA five district and the RSA five district is also

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requirements are being applied to the sit down restaurant portion of it even though this is a

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CMX two property and you know at tech you know typically under a CMX two property uh sit down

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restaurant would be allowed as a right but we're in an overlay which requires to be a special

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exception either way under the standards of a variance if you apply the rsa5 restrictions or

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if you apply the overlay restrictions to require the much lower standard of special exception we

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would you know be able to comply with that here's our application for appeal i'm just going to make

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this a little smaller so you can see it and with the with the refusal in there and the project

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information for him. Just a matter of background, and he'll be testifying today as well. The head

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of the ownership group, his name is Besmir Kripa, who has over a generation of experience in the

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restaurant industry. That's the reason why they purchased the property was because he was going

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to, their plan is to open up a restaurant, a more neighborhood type of restaurant on this block,

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which is right next to a pizza shop. But as you can see from the zoning map, it's all CMX2 across

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the street. Here's CMX2, and you'll see from the pictures, this is a pizza shop. Here's a CMX2,

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which you'll see is off -street parking. And this CMX2 is us, and this is RSA5, which is also us,

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is two units. And in its past, it's been one unit residential plus a barbershop. So the RSA5

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portion of this property has actually does actually even have a commercial uh background

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or history as well and you can see we're on east york street uh between uh east gordon and boston

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and uh memphis and cedar and you can see like east york street is typically a commercial corridor

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across the street you'll see a bank uh you know there is some obviously a decent amount of

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residential components in here, but there's a lot of commercial as well. And then photographs of the

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property. So this is the pizza shop, which is at 2329 East York Street. 2331 East York Street is

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this roll -up garage. And 2333 East York Street is this multi -unit property. At one point during

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its history, again, was a barbershop or residential. It looks like it's now too residential. My client

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hasn't done anything to the property since owning it because they were looking.

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because they were looking uh

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hello this is the reporter i'm not hearing anything i'm not hearing anything either mr notkinson

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He's speaking but

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Lost your audio

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We need to

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write to him because he doesn't seem to be hearing us either

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Alan if you hear us

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can you go out and come back in

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can you hear yeah we lost you shortly after you made the you identified the 2333 as having

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been a barbershop at one time and another sentence and then we lost you okay sorry about that

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um as i was stating i upgraded my phone system to include the zoom platform so i i first time i've

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had to give a video presentation where people are calling in so i'll have to figure that out so i

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apologize for that um so hold on a second let me see okay so um photographs yeah so is it this this

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As you can see, this is 2331, and that is a roll -up of off -street parking.

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2333 is the multi -unit property.

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At one point, this was a barbershop.

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Now it's too residential.

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My client hasn't done anything with this because when they purchased the property,

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they expected to use the zoning approval that was approved by the ZBA in 2016.

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The consolidation was done.

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but the demolition and the use of the property was never done to have a restaurant on the first floor

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and residential above then you'll see properties uh to you know east york street to the right of

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the property east york street to the left of the property and then here are architectural plans

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so here's a rendering of our front facade we have tried to keep as much within the roof lines as

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possible. We allow 38 feet height as of right. We're not taking full advantage of that. We're

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only having 36 feet height as of right. And you'll see from the rendering here, there's actually

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an alley breezeway that we purposefully put here in order to accommodate garbage storage

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and then removal responsibly. There's two entrances, this one to the right of the property,

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is where the residential is a residential front door.

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And then to the left, the leftmost part of the property

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is for the commercial component.

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And then what was important to us

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and what we heard from the community too

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is to make sure that we properly vented.

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This building right here that I'm pointing to

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is where the pizza shop is.

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So we purposefully put our venting system through the roof

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And it's close, you know, as far away from the residential component, because here's more residential, of the neighboring property.

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And then you'll see our architectural plans and drawings.

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And then we'll just go to the floor plans.

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Let me just make this a little smaller.

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So, again, the first floor to the right, far right, you go up the flight of steps, that's residential.

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You go here through these double glass doors is the commercial component.

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It's a 41 -seat restaurant, all on the first floor.

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And on the lower level is where the kitchen will be, as well as storage as well.

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And I just want to go back one second.

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This is where the garbage is going to be stored in the far left portion of the property.

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And, you know, again, commercial pickup. And it will be for the residences as well as the commercial restaurant. And there'll be pickup where the garbage can be removed from the side of the building because there's a breezeway of three.

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removed from the side of the building because there's a breezeway of three feet.

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And then here's the residential component. So after coming up a flight of steps,

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each floor has two units, a front unit or back unit and a front unit, one on the second floor,

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one on the third floor, and each unit will be two bedrooms, one bath, approximately 950 square feet.

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The four units, if you apply the CMX2 zoning restrictions, would be allowed as of right.

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So, again, this board has heard this matter under similar circumstances,

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but we did present it to the old Richmond Civic Association.

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Now, while the neighborhood was, you know, the vote, if you look at it, was against it, the actual RCO, the Old Richmond Civic Association, was in non -opposition to have four residential units.

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Um, now the opposition from the neighborhood was that, uh, they were concerned about the

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construction issues, but, you know, again, the, the RCO stated whether it was by right

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or by variance, these construction issues would be the same.

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So they were concerned about demolition, excavation, construction activities.

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And then these are all matters.

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As I explained to the neighborhood group would be dealt with at the building permit stage

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where we would have to have duly licensed and insured real estate professionals.

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We would have to have a structural engineer.

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We would have to provide assurances in terms of the party wall to neighboring property owners.

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The other issue that they had was about the eating establishment.

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Now, if you look at the letter, and I'll just zoom in a little bit more,

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uh they had the the actual neighborhood group had no issue with this being a vacant commercial space

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but they were concerned with it being uh a restaurant and these were the reasons they

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were concerned about deliveries you know they they were like well it's in the middle of the

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block which it's not it's like one block is one store off or one property off but for deliveries

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As I showed before, there is a curb cut currently in front of the property at 2331 East York Street.

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We indicated to them that we would remove that curb cut and we would put a loading zone there for limited hours.

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So basically, we're going to give a parking spot back to the community.

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Trash removal.

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Again, we purposefully created a breezeway on the left portion of our property so we can responsibly not only store trash, but remove trash, and we would have commercial pickup.

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The kitchen exhaust for this particular ZBA peering, we did create a specific rendering so then the ZBA could see exactly where the exhaust would be, but it's closest to where the pizza shop is, not where the residential portion of that block is.

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uh in terms of noise our hours of operation are limited uh to 11 a .m to 10 p .m tuesday through

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sunday uh again this is not going to be a restaurant that we're or even turn into a bar

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where they're late hours we're respecting the fact that we are on east york street where there

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is a residential component uh so that's dealing with the noise issue and then the access the same

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thing. There's no basement living. We have a breezeway for people to go from the front of

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the property to the rear of the property. And we're not trying to overuse the property because

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this is essentially a CMX2 property for all intents and purposes. And we're only asking for

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four residential units. So I think, you know, in all respects, we dealt with a lot of those issues.

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um but if you look at the letter that they issued in 2016 for this essentially the same project

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which we were not a part of where there was uh a request to put a restaurant on the first floor

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it was a letter of support and this and that board supported that endeavor so uh councilman

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squilla did send a letter as well uh he stated that he was in non -opposition to the four dwelling

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units um but that he was uh in opposition to the variance to allow for the eating establishment

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simply because the community group was against it but under those same circumstances in 2016

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councilman squiller was actually in non -opposition to the same request for an eating establishment

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So with that, I have Besmir Kripa.

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So with that, I have Basmeer Kripa. Can you virtually raise your hand, Basmeer?

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Chair, there's no one with their name with their hand up at this time.

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Alan, we'll stipulate that your client would adopt your testimony.

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I have a question.

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You said hours of operation would be 11 a .m.

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To 10 p .m.

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10 p .m. Tuesday through Sunday.

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That is correct.

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And you did, I think I heard you say that the community was not in opposition to the multifamily, correct, for you?

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That's right.

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Well, the community group was not in opposition.

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to the four residential units and if you look at their letter and i'll state it

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uh we feel the site is better suited either by right proposals or proposal for vacant commercial

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space in lieu of the restaurant bar uh use currently proposed so they have no yeah

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vacant commercial space i'm i don't get that one yeah so i don't i don't to to be honest again this

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board already approved a similar project in 2016 i think it's just because time passed by that we

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couldn't get our building permits um so there was no rhyme or reason as to that i think we really

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did try to address all their issues in terms of the venting in terms of commercial i mean commercial

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pickup of garbage in terms of the hours of operation and the only reason why i would ask

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for Besmir Kripit to testify, and I can, as an officer of the court, I can indicate what he

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would state. He's been in the restaurant business for almost 20 years. He's owned restaurants. He's

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managed restaurants. The whole purpose of buying this property was to put a neighborhood restaurant

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in there. So it would be really devastating if this board would not grant that endeavor.

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Okay. Any questions from the board? No. No. No. Anyone else like to testify in this case?

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If so, please raise your hand.

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Chair, we have a Michael Manfrani.

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Mr. Manfrani, you can unmute yourself and speak now.

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Thank you.

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Good afternoon, sir.

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Please identify yourself.

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Spell your full name.

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Michael Manfrani, M -A -N -F -R -O -N -I.

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I am the zoning chair for the Old Richmond Civic Association.

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

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I do.

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Thank you. Please proceed.

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As I stated, I'm the zoning chair for the Old Richmond Civic Association, which is the coordinating RCO for this project.

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I appreciate having the chance to testify today.

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As Mr. Notkinson stated, our organization took no opposition to the proposed four -unit dwellings, as well as the commercial use on the first floor.

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However, we are opposed to the proposed restaurant bar use.

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We feel that this site being a mid -block site is unsuitable for a restaurant and bar, especially in context with the rest of the neighborhood.

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Outside of the Aramingo Avenue corridor, which is an auto -oriented commercial, there are about two dozen food and beverage establishments within the neighborhood,

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all of which are located on corner lots.

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We feel that the location on a corner lot provides better access for deliveries, also provides a spot on the sidewalk to store trash, rather than having to store trash within the establishment and cart it out as had been described.

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And we feel that this property being abutted on both sides by buildings would make that

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an issue.

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I appreciate, as Mr. Nockms has said, that the owner has a great track record of running

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restaurants.

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But as we know, restaurants are a fickle business.

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And our concern is that while this restaurant may stay open for a few years or may last

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for a long time, this variance may outlast that restaurant and a future operator may

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not be as considerate, especially with cleanliness, with the trash removal, and with the hours

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of operation.

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You know, we feel that the site could absolutely be used for commercial use.

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I think any other buy -right commercial use on the first floor would be appropriate.

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I think any other buy -right commercial use on the first floor would be appropriate.

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However, as we are in the North Delaware Overlay District, any restaurant use does require a special exemption.

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I heard you use the phrase a bar.

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Yes.

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Is it concerned that there would be liquor?

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I mean, that would be a separate application that's filed with the state.

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if they wanted to put a liquor license in this property our concern would be the same whether

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it's a restaurant serving alcohol or not specifically related to the storage disposal

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of the food trash any grease laden trash what is the what is the opposition to that

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the trash being stored in the rear of the building I believe sure so as as I stated every other

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restaurant within the neighborhood is located on a corner property. They typically keep their

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dumpsters either on the sidewalk adjacent to their property or accessed through a back gate

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directly to the street. We feel since this property both abuts and backs up to single

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family residential households that storing trash in the backyard of this property could create a

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nuisance i hear what you're saying but i think that my experience and i'm actually looking out

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my window at a restaurant across the street where they have four maybe 40 gallon three i'm sorry

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three 40 gallon trash containers because there's nowhere else to put it and i think it's unsightly

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but you know what could i do i i don't think you really want to have trash containers on the

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sidewalk five six seven days a week but but that's that's just me talking all right uh

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uh anyone else would like to testify in this case

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anyone else i think his client it has his hand up mr cripple

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if he if it's him fine i think we've already established that

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we would accept his uh mr notkinson as his attorneys

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stipulate to his client adopting his testimony okay well no one no one else has their hand

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besides mr crippers here so let's go to uh planning commission

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Good afternoon. This is Greg Waldman, planning commission staff.

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Shall I go ahead? We weren't sworn in yet, were you? Yeah, I was sworn in.

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This location was part of a remapping in 2017 supported by the comprehensive plan that changed

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the zoning from commercial mixed use to commercially mixed use for one lot and single

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family residential for the other equally sized lot before they were consolidated.

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As Mr. Nockamson testified, the proposed four units with ground floor commercial, the restaurant

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would be a special exception if 81 % of the site were zoned commercial fixed use as opposed

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to 50 % which is existing.

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The proposed variance would not alter the essential character of the block adjacent to a

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building of similar scale and use and along a transit corridor with buildings of varying

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use and density. The Planning Commission recommends that the Zoning Board grant the variance.

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um

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mi 2021 -001007 2333 east york street my vote is yes with the following proviso hours of operation

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for the restaurant will be tuesday through sunday 9 a .m to 10 p .m trash to be stored in the rear of

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the building and commercially a commercial trash pickup trash to be stored in the rear of the

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building my vote is just with proviso yes with proviso yes with proviso yes with proviso thank

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Thank you.

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Mr.

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You got the next one, Carol?

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Yes, calendar number 1009, 3023 North 5th Street.

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Mr.

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Nockamson.

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A letter of support.

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And Chair, I spoke with Ms. Broadus.

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She is ready when you are able to call them.

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After this case, we'll go back to her.

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After this case, we'll go back to her

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Chair, Clementa Amazon has been promoted to panelists.

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Hi, can you put your name and address on the record and spell your last name, please?

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Good afternoon, Chair and members of the board.

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My name is Clementa Amazon, C -L -E -M -E -N -T -A.

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Last name is A -M -A -Z -A -N.

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123 South Broad Street, Suite 1600.

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Excuse me for interrupting. Is the court reporter able to hear Ms. Amazon?

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So far, yes, I can, Chair.

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Okay, thank you.

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Good. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I do.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

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photos under plans of the property five days in advance of this hearing,

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and have you met with the RCO

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and do you have a letter?

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Okay, you may proceed.

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Perfect, may I share my screen?

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Yes, you may.

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Thank you.

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Can everyone see my screen?

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Yes.

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Perfect.

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So again, my name is Clemente Amazon.

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on, I will be presenting 3023 North 5th Street. This is a very straightforward project. It is

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a single -family home. We are looking to create a duplex. We do have a letter of support from

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the community. We also did community reach out on our own accord, and we have a significant

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petition showing support for this project. So during my presentation, I will go through the

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deed, tax clearance, the refusal, application for appeal, maps of the area, photographs of the

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property, plans and drawings. And as I mentioned, we do have a letter of support as well as a

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petition. So the deed for the property showing that my client has his throuvels owns the property.

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Tax clearance and then the refusal. So the property is zoned as CMX 2 .5 and we are looking to

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have multifamily use here for two units. Our application for appeal. Project information form.

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A map of the area. Another map just showing that we're along 5th Street and between West Clearfield

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and West Indiana. Here's a view of the front of the property, a view of the rear of the property

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from North Orkney Street, a view to the right of the property, a view to the left of the property.

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As you can see, although this block is known as CMX 2 .5, there is significant residential use.

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north orkney to the right of the property north orkney to the left of the property

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our plans and drawings so as i mentioned this is just going to be a duplex we did meet with

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the community on april 14th we did receive support for this project and we did do feed

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community outreach and we have a significant petition as you can see here so neighbors are

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in favor of this project the notice that we sent out for a community meeting

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listing the properties that were notified of the community meeting and our certificate of

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mailing showing that we did send that out so with that if i could have my client jesus ramos

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or melissa ramos without my testimony

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what is his name again

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it's either melissa ramos or jesus ramos

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chair we have a jesus ramos with his hand up okay uh mr ramos please identify yourself spell

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your first and last name jesus ramos uh j -e -s -u -s ramos r -a -m -o -s you swear or affirm to tell the

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truth the whole truth and nothing but the truth i do thank you miss amazon jesus did you hear my

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testimony today? Yes. And was it accurate? Yes. And would you adopt it as your own testimony?

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Yes. Thank you. Thank you. Any questions from the board? No.

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Anyone else would like to testify in this case? If so, please raise your hand.

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There, we have Sloan Folks with his hand up. Mr. Folks, you can unmute yourself and speak now.

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Good afternoon, Mr. Folks.

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Good afternoon, Chairman DeChico and the ZBA Board.

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My name is Sloan Folks, S -L -O -A -N -E -F as in fire, O -L -K -S,

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the Office of Councilwoman Maria Quinonez Sanchez, room 508 City Hall.

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city hall you swear our firm to tell the truth the whole truth nothing but the truth

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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 sir thank you thank you please proceed uh the applicant having met with the uh coordinating

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I do, sir.

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rco and receiving a letter of support and receiving support through a petition the

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councilman offers her support for this fairness request thank you thank you anyone else to testify

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there are no hands at the side chair thank you planning commission

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good afternoon this is Greg Weldon planning commission staff this location was part of a

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zoning remapping in 2017 supported by the comprehensive plan to upzone this portion

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of the block to a more dense commercial mixed -use zoning district the goal of the zone of the

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rezoning as indicated in the north district plan was to make north 5th street a more

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continuous commercial corridor which is unfortunately not materialized therefore the

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proposed variance would not alter the essential character of the corridor which has a mix of

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buildings with ground floor commercial and ones that are fully residential the city planning

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commission recommends that the zoning board grant this variance thank you mi 2021 that's 001

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zero zero nine three oh two three north fifth street my vote is yes my vote is yes my vote

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is yes my vote is yes my vote is yes okay are we ready with shampoo street thank you thank you thank

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Thank you.

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Calendar number 0340, 1530 West Champlows Avenue.

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That's Andrew and Andrea Walker.

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Ms. Broadus, you can unmute yourself and speak.

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Can you hear me?

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Yes, we need to get your full name, spell your full name, and we'll swear you away.

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Sandra Broadus. B -R -O -A -D -U -S. Sandra is spelled S -A -N -D -R -A.

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And 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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Thank you. Please proceed. This is a rehearing at your request.

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Yes, and I'd first like to thank you for granting this reconsideration and also for tolerating the fact that I am totally technology challenged.

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And I guess my secret is out. I have untreated cataracts, so I cannot read the screen and Zoom at the same time, which is a part of the problem of me getting on.

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And so in spite of all the eloquent paperwork that I've sent you, I'm going to have to kind of wing this presentation.

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I hope you'll indulge me because I can't read the screen or I will lose you.

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And I know nobody wants that.

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But I'd like to say that on behalf of the neighbors in the West Oak Lane community who are aging in place, many who got here in the late 50s and early 60s,

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the children of which are here as baby boomers taking care of them, we see Champlau Street as one of those blocks that needs to be protected.

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The neighbors, some of them say they've been there for 50 years.

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We've given you a list of the neighbors who oppose this variance, and they all are seniors who will absolutely be compromised by a restaurant on a residential block that cannot accommodate it.

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The property sits on a hill and it's between a place of worship and a home for special needs residents for whom I understand actually are allowed out sometimes and are absolutely in harm's way in the general public.

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um across the street if it's springtime you see manicured laws and people caring for their homes

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but you also see seniors on walkers trying to get to their cars and and make their way around

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the block that has a two -way bus uh transportation a three -way intersection at the corner very narrow

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no parking. This variance requires parking. There is none. This is going to bring the public to this

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block. It will be a burden to the neighbors. The place of worship for 30 years has served food

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to the neighbors in the community. There's a lot of that going on now because of COVID,

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but this establishment has been serving the community long before that. They do it twice a

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They do it twice a week.

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week our neighbors avail themselves of that they will not

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Our neighbors avail themselves of that.

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They will not be able to function if, in fact, there are restaurant patrons pulling up on the sidewalk and basically flooding the block with traffic and parking issues that it cannot accommodate.

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There is no where that anyone can see that a commercial dumpster can be accommodated.

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Because of the location of the property on a hill, at best, it will be out front, which is totally unacceptable.

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It needs to, but we don't even see how it would fit.

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Commercial trash pickup was required and stated at the last hearing, what was suggested that they were going to have it at the last hearing, but we don't see that that's possible unless some major modifications are done to accommodate the trash.

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the building is a short building next to it is the apartment building and the neighbors behind

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them on widener place say that they get exhaust blowing into their back windows from the taller

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building so we can only imagine what's going to happen to the neighbors on widener place

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in the block behind this property

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if in fact

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they are cooking

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takeout

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with no way to actually

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prevent that exhaust

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from going into

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the neighbor's

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back

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into the neighbor's

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back windows

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if you just

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see

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Neighbors asked me to ask you, and I'm just going to do it. They want to know, why is it that one

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unpermitted use would be given so much consideration at the expense of so many?

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And we're talking about the residents, we're talking about the church, we're talking about

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the impacted community. We ask, we know that COVID brings the possibility of outdoor dining,

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possibly people having to line up outside for curbside service. This is inappropriate on a

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residential block and the neighbors are, a residential block should not have to accommodate

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that. This property is one block from an entire commercial corridor on Old York Road where it

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would be more suited and possible. This property is two blocks from the Broad Street corridor

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where there are not only many vacant properties that would accommodate the use better, but

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you know, they have many eateries already. So there is absolutely no actual need for this

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restaurant, except that the applicant wants to cook there. But the neighbors characterize this

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as unfair and they also characterize it as selfish. We are not unclear that this variance

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was granted with no provisos, no exceptions whatsoever. We have lots of crime stories

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to tell you, and I'm cautioned that crime is not zonable, so I won't go there, but let's say that

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the neighborhood is challenged with activity that would not be good if the restaurant lures that

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activity to these residential homes and jeopardizes these neighbors, and it will. There is no mistake

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about that. We hope that you will reconsider granting this variance. Again, there's no

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redeeming factor as to why it should receive so much consideration, understanding what it's going

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to do to the neighbors. But we came up with some provisos in the event that we can't sway your

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your opinion and one of the provisos is that it be given a three -year sunset so that if in fact

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we are right about the amount of burden that this will cause to the neighbors there is an

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opportunity to revisit it and the neighborhood won't be saddled with this inappropriate use for

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life. Also, the restaurant industry is very, very sketchy.

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Also, the restaurant industry is very, very sketchy.

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Many restaurants are closing because COVID has changed that landscape.

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If, in fact, with all his good intentions that he'll probably tell you about, Mr.

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and Mrs. Walker find that they have to close their restaurant, this variance is going to

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stick for whoever comes along, and they may not be as accommodating.

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So we need some protection for the neighborhood because we are already clear that this use

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should not be granted, but minimally it's going to be a tremendous burden.

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We want them to be required to come up with a trash solution.

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The trash, as we see it, cannot be accommodated at that location.

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And just to say, oh, yeah, yeah, we're going to get a commercial dumpster when there's

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no place to put a dumpster um is is is uh it's not good enough and certainly the residents should

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not have to have commercial garbage rotting on the front of of of their of their homes

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and basically that's what we're looking at um the business hours we felt as though we were being

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very, very, very lenient in requesting that the restaurant close at 830. Most of the competitive

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restaurants in the area have the biggest lines during the afternoon, and they're done by six.

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This residential block should not have to endure people coming and going, strangers in and out,

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parking all over the place after dark and in the evenings um when when they're trying to live right

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now they would like to be able to sit outside and enjoy this beautiful day that would not happen

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if that restaurant were there so we are asking that the the the um business hours be limited to

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8 30 a lighted sign would be totally totally imposing on the residents across the street

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And we're requesting that there be no lighted sign permitted on this property.

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um again whatever type of exhaust system that would prevent the exhaust from blowing into a

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whole block of windows um directly behind the um the restaurant is requested as a not an option but

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as a requirement. There is a concern that the owners indicated originally that they were in

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fact going to open an event room. Somehow that changed to a restaurant and we suspect it has

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everything to do with the zoning that is required to get an event room, but neighbors say that they

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They have experienced loud parties over there and are not happy at the idea of this place being used for events and or parties.

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And we would like that to be stipulated clearly as a part of anything that is granted, if it is granted, for this restaurant.

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But again, the question remains on the table as to why is this necessary to burden so many for one?

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And at that, I'm going to yield the floor.

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Hello?

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Hello?

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Frank?

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I'm talking, but I'm muted.

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All righty.

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is there anyone else testifying chair we have someone by the name of melina gordon with her

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hand up miss gordon you can unmute yourself and speak now good afternoon ms gordon please

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identify yourself with the record spell your first and last name my name is melina m -e -l -e -n -a

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my last name is gordon g -o -r -d -o -n you swear or affirm to tell the truth the whole truth nothing

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but the truth. I do. Please proceed. Okay. The last time I came onto this prestigious

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hearing, I basically heard both sides of people speaking to, for, and against the opening of a

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restaurant. Like many, I think Miss Sandra, I don't, I can't pronounce her last name,

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was unable to speak, and I, who am also technically challenged, was able to.

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who i'm also um technically challenged was able to however i am not here to say speak against

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sandra who just spoke eloquently i am just here to speak on behalf of someone who lives on the

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street. Ma 'am, where do you live? I live at 1519 West Champlast. I live next. You can speak on your

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behalf. Right. I live next to the laundromat and I live next to the daycare. So there were many

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things that sandra said which i saw to refute for one she spoke about loud parties i've never seen

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or even heard anything at that location um sandra also spoke about the church who does a good thing

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in the community um providing food as far as i've been here since 2003 i've only seen food

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for people lined up since the pandemic.

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The pastor and his dad have done very many good things.

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My point in speaking for the restaurant

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is that these people have been given the opportunity

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to go ahead to do it based on the last hearing that we had.

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Sandra is speaking about things that are suppositions that she's thinking that might happen.

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In speaking about the timing for the restaurant to be opened, if this illustrious board of, I'm sure, people who have been doing this for a long time, see it has something where they have to close early,

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I'm sure the owners would compromise to do that.

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There is at the other end of the block, which is between 16th and Ogons, a store.

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There is also another store, I think it's at Nidro and 16th.

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And to me, I've not had anything that would say that having a restaurant there would bring on crime, as Sandra is thinking.

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She's also...

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Pardon me?

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We spoke the last time about trash and the compactor and where it would be.

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I'm sure like many that no one would think of putting a dumpster on the side of the road.

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She's saying it is on a hill.

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My house is on a hill and dumpsters are not taken up by hand.

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There is a special truck that drives that uses an arm to take the dumpster from buildings, from the sides.

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So I don't see that as a problem.

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them. She also spoke about the neighborhood. I'm not sure who she spoke with, but the 13

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or 15 houses on the block. I didn't hear one person speak about being this being a nuisance.

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So for me, I'm just saying, why not give the owners the opportunity to go ahead as what's

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done the last time by saying yes to them and if something comes up sandra and um uh the board

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then you re i mean re re -evaluate but we are chopping at the knees speaking about suppositions

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before something even happens and that to me is just my grouse that why are we just using one

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person's voice as she said she's speaking on behalf of the community but why not give these

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people a chance and that is what i have to say and i thank you so much for listening

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for your testimony is there anyone else to testify

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chair we have charles richardson mr richardson

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good afternoon again mr dare

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please identify yourself charles richardson from the office of councilwoman cindy bass

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room 312 city hall and you are still on the roof yes sir um the councilwoman still remains opposed

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to granting the variance as last time with uh you know all of the reasons that we had mentioned at

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As last time with, you know, all of the reasons that we had mentioned at that point, you know, but if there is a reconsideration at this point, or if you decide to, again, pass it, we would ask that you would support the variances, those that can be enforced that Ms. Brodus has put forward.

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that point

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All right.

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You know, we have questions about where the exhaust is vented, what the trash plan is, whether they should be, whether they're having commercial trash pickup and, you know, whether the trash is going to be stored in the first place, because there is no place to really store it in front of the building that won't impact the rest of the community.

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so again for you know issues of density and and and the possibility of a nuisance uh the

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councilwoman is opposing the variance understood thank you and uh i just would think the board

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would like to see the plan again because i'm not sure if a we incorporated a roof mounted exhaust

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last time when we approved this or not sharon do you have any background information on um no but i

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I would suggest that the property owner or permit holder be permitted to respond, Mr. Walker, and he could probably answer your questions.

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Yeah. Yeah. I didn't realize he was there. Thank you.

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Hi. Hi. Are you hearing me?

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Yes. Please identify yourself for the record.

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Good afternoon. This is Andrea Walker, the wife of Andrew Walker.

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Thank you. You swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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ma 'am i have a couple of questions before you begin uh when you were in front of this board last

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we just did we discuss uh your exhaust system yes sir and where will the exhaust system be

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vacating from the exhaust system is on top of the roof sir roof mounted exhaust system correct

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yes sir uh trash do you have a rear yard or any place where the trash would be stored we do sir

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and is that accessible from inside the where the restaurant would be or do you have to

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how do you access it we we we decide to get a commercial um commercial trash pickup i get

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But where will it be stored between the days of operation and getting picked up?

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In the yard, in the backyard.

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All right.

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So you have access to your backyard for trash.

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You have exhaust mounted.

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Yes, sir.

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All right.

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And what were the days and hours of your operation?

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The days are from Thursday through Saturday.

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Three days?

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Three days.

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Thursday, Friday, Saturday.

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no other days it's going to be from monday through saturday oh that makes sense monday

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through saturday yes sir and the hours of operation from we we wanted to do from 7 till 9

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7 a .m till 9 p .m p .m okay uh am i leaving anything out i'm asking the board if you

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have any other questions no

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ma 'am do you own this property yes sir

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okay uh do you have anything else to add miss walker

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um i i just have um um a concern um about what miss sandra brought us has said about um i heard

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somebody already um addressed it but i want to address it also that we are not part of people's

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we're Christian peoples. We do

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not have parties. The only time

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we ever had something there is to distribute

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food to the community who was

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happily to receive it.

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Understood. Okay.

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All right. Thank you.

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Sharon, do we need to get the Planning Commission

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again?

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Chair, just an FYI,

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we do have another person who wishes to testify.

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Oh, sorry about that. I'm sorry. Okay. Whoever else is on to testify, please raise your hand.

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Juliet, please identify yourself. Spell your first and last name.

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J -U -L -I -E -T -T -E -C -U -R -E -T -O -N.

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Swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed.

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Okay. My address is 1638 Widener Place. I have lived in the neighborhood for over 20 years.

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I grew up in the neighborhood. And the location of 1530 West Champlois, there is no way that that should be a restaurant.

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There is no way that that should be a restaurant. The neighborhood is crime infested. And I understand that the owner is a Christian. I am a Christian too. There's no place for parking at all. At all. And I am concerned about this.

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I'm looking at a picture that Miss Sandra put in my mailbox.

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I don't see where there is a dumpster.

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I walk this way.

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I walk and I don't see where the dumpster is going to go.

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When I pass the area, the apartment building next to where they want to open up this restaurant,

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I don't see an access where a dumpster can go.

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I don't see the backyard.

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So I'm not understanding that there's a backyard where that dumpster could go.

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It's baffling to me.

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But as Ms. Sandra stated, Champloss is a location where the sixth bus runs both ways.

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and at night i don't see how you know people could come to a location to sit down there's

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no parking is it's hard enough now for a scepter bus to go down champ loss um when there's cars

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that the residents own is parked on both sides so i think that a restaurant at this location

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would be problematic for the community.

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Thank you.

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Thank you for your testimony.

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Anyone else to testify?

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Chair, there's a David Burnow.

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Mr. Burnow, you can unmute yourself and speak.

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Mr. Burnow, please identify yourself

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and something new and different, please.

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Spell your last name.

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I'm David Burnow.

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My last name is B -U -R -N -O.

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You swear for him to tell the whole truth, nothing but the truth?

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I do.

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Please proceed.

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I am the pastor of Temple Shalom next door, and I am very familiar with Mr. Andrew and his wife, and they are good people.

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This situation, from what I understood last year, that it would be an events facility or banquet hall of some sort.

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it was news to me when the hearing came up and it was going to be a restaurant that would be there

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every day at the end of the day I think that it is true that there isn't any place for

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trash removal that would be a primary concern the other concerns that you've heard are all true and

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I had given a statement for the last hearing not anything different because nothing has really

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changed um but the the area and and the location i would say if anything a provisional be uh

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considered if there is an a sit -in restaurant it's not as much of a problem as if there was

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a continuous outdoor events from monday to saturday and that i just wanted to go on record

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in saying that there should be some consideration the trash the public transportation the lack of

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parking are the primary issues that would be an area of concern. Thank you. Thank you. Ms. Walker,

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I don't want to delay this, but do you happen to have an exhibit that would show the rear yard of

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the property? It shows where the trash container or containers would be stored. Sir, are you hearing

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me yes okay so um we're gonna have um trash in the back of the yard we are building a ramp

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okay we have to build a ramp for you know because we're preparing for um disabled or handicapped

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people so we're building a ramp so we won't have trouble bringing those trash out we will make sure

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that the trash does not mess with the neighbors we're going to try to go ahead you had a rear

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yard do you have we do we do it's not really in the back rear but it's at this you know in the

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back at the side it's a long yard so you know it's no yeah it's a big yard so it won't be out

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on the sidewalk no it won't never be on the sidewalk okay thank you all right anyone else

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to testify in something new and different please excuse me chair this is sharon you asked earlier

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if the Planning Commission should weigh in again.

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Yeah, I was going to get to that next.

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This being hearing on reconsideration,

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all prior testimony and exhibits

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are incorporated into the record.

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incorporated into the record planning commission did testify in opposition at the original hearing

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Planning Commission did testify in opposition.

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if they would like to weigh in again of course they can. Here's the planning commission

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Greg do you wish to weigh in? There has been nothing that would change our

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our testimony so um we are uh still in opposition thank you thank you

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we have two more people with their hands up if you want to hear them testify

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if they have something new and different please if you're going to repeat the same issues about

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parking and traffic and trash which we understand is important but we just don't need to rehash the

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same test so please if you have anything new and different to add put raise your hand if not we'll

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move on here we have a jody edwards this edwards you can is that where are you doing this is mr

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edwards you guys identify yourself spell your full name my name is jody edwards j -o -e -d -y

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edwards e d w a r d s you swear for him to tell the truth the whole truth nothing but the truth

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yes sir please proceed okay um i came on the last zoom meeting and i'm gonna say the same thing i

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said last time i'm i live right on grain street so what on 1426 west grain grain ave and i think

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a restaurant being there would be a great opportunity other business around the area

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why is it a problem if another family is trying to open a business and they give me

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and my little brother a job opportunity i already talked to the guy the gentleman i think his name

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is andrew when i first met him i said when they did the cookout not the cookout but the event

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around their house to give food to community i was like hey what's going on here he said he's

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trying to open a restaurant and i was like hey would be possible i get a job i'm not a great

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cook but i could wash a pot you know it keeps it keeps people in the community of the street

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I understand what Ms. Sandra said, that it's other problems in the neighborhood, but what about the young people coming up?

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I understand that's elder in the community.

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We're trying to provide jobs for the new generation.

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What about us?

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I think two ladies came on and said that they lived there for 20 -plus years.

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I didn't live there for 20 -plus years, but I went to the church that was previously there, and I met the pastor, a great guy.

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And they've been part of the church the whole time.

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Why wouldn't an opportunity arise for them to be able to open a restaurant and I'll still be part of the, be a part of the community and working in a restaurant?

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That's a great opportunity for me and my little brother.

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Like, I don't understand what the issue would be with opening a restaurant there.

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I honestly don't.

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We appreciate your testimony, sir.

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Thank you.

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Thank you.

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All right.

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Anyone else?

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Chair, we have an Alan Hopgood

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Mr. Hopgood, you can unmute yourself and speak

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I'm a member of Temple Shalom

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Excuse me, sir

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Please identify yourself, spell your first and last name

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Sorry, my name is Alan Hopgood

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A -L -L -A -N -H -O -P -G -O -O -D

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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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thank you sir please proceed um the issue that i've seen arise was besides the trash was the

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open air event there is no enclosure there's no way for you to control the sound there's no way

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for you to guarantee that it's not going to disturb the neighbor what sound what sound are

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we talking about um if they they have a lot where they say the lot next to them where they want to

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have an open air event if you're having a festival a party or whatever you may have there whatever

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event that's going to require music, sound system, it's still going to affect the neighbors behind

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and across the street. The biggest issue is the open air event that I've seen. Not the restaurant

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per se, but that open air event, the festivities area is going to be the major problem.

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Okay, thank you. All right, we're ready to move on. Any other questions from the board?

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no no okay mi 2020 -000340 -1530 west champholst my vote is yes with the following provisos

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restaurant hours between monday from monday to saturday 7 a .m to 9 p .m no amplified music outside

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roof -mounted exhaust system commercial trash pickup trash must be stored to the rear of the

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Commercial trash pickup. Trash must be stored to the rear of the property. And a four -year variance to expire July 1, 2025.

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My vote is yes with provisos.

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Yes with provisos.

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Yes with provisos.

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Yes with provisos.

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thank you i think number nine yeah calendar number one zero eight seven five zero four zero

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dash 50 city avenue steve bertill is the attorney

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mr bertill is coming back and is a panelist chair thank you was he already sworn in this morning no

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No. Okay. Mr. Bertil, can you put your name and address on the record? Spell your last name, please.

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Good afternoon. Steve Bertil, B -E -R -T -I -L. Claire Harrison, Harvey Brandsburg, 1835 Market Street, 19103.

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

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yes I do do you also agree to waive the reading of the refusal and stipulate to its accuracy

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yes have you emailed the exhibit packet with proof of ownership tax compliance

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refusal photos and or plans of the property five days in advance of this hearing

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and have you met with the RCO and do you have a letter

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Yes, I'll tell it above. I have a meeting summary report, not a letter, but it reports

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what happened at the meeting. Okay. And you'll explain that. Thank you. You may proceed.

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Thank you very much. Share my screen. Okay. Good afternoon, Mr. Chairman, members of the board.

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As stated, my name is Steve Bertil. I'm here on behalf of the applicant for 5040 -50 City Avenue.

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We're here requesting a variance relief to allow for the refacing of an existing double -faced freestanding sign

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and installation of four flat wall signs with static illumination on new signages to replace the existing signage.

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Just to orient the board, here you can see on the screen a zoning area of the parcel in question.

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The parcel is on CMX 2 .5.

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It's at the corner of City Avenue and Bryn Mawr Avenue, as you can see here.

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The property is currently being utilized as a Rite Aid pharmacy.

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it will continue to do so. This is only a signage application. And so the proposed use is not

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changing. We're just seeking for the signage. So the refusals that we received for our proposed

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use is for the accessory wall signs and having the multiple signage. As you'll see in a second,

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Basically, every sign that we're installing is just a replacement of the existing signage.

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And therefore, the review that we receive would be in place due to the existing signage.

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In the first place, we're not increasing the variance.

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We're just basically refacing and putting new signage that is commensurate with the new branding logos of the Rite Aid Pharmacy.

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So here is a part of the sign package that I want to show you can see an example of existing

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signage and what's being proposed on the on the freestanding wall sign.

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here's another shot on the frontage that's facing on Bryn Mawr Avenue that shows the

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existing signage was E2 and E3 and the proposed new signage R2 and R3 again basically just

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updating the logos to match the new branding for Rite Aid, but the location is generally the same

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and the placement is generally the same. Here again is the opposite frontage that's facing

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on City Line Avenue that's showing the existing signage and what the replacements are going to be.

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and what the replacements are going to be.

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Again, as with the other frontage,

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Again, as with the other frontage,

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basically same location and placement.

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We did meet with the RCO.

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Well, actually, we met with both RCOs,

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the Winfield Residents Association

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and with the City Avenue Special Services District

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because of any variance request on City Avenue

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subject to both whatever the RCO, the coordinating RCO is, which would normally be the coordinating

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RCO, and in addition to the special services district. We met with them on April 13, 2021,

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and there was unanimous non -opposition.

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here you'll see a letter or a meeting summary report of the meeting itself there isn't a

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separate letter that just shows everyone in attendance voted in non -opposition and so

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because this again is just a replacement of the existing signage to match the the current

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branding and logos of Rite Aid and there's not really an increased variance because all the

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placement and it's the same

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and the locations are the same

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and the quantity is the same.

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We believe this is the de minimis variance

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and with the community

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support, we ask for the board

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to grant this variance. With me

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I want to call is

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Erica Bitzer, representative

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from the applicant, who can affirm

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and adopt my testimony as truth

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if the board would recognize it.

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Ms. Bitzer, you can unmute yourself

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and speak now.

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Hi, my name is Erica Bitzer. It's E -R -I -K -A -V -I -T -Z -E -R.

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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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Thank you, Mr. Patil.

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Thank you, Mr. Chair.

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Ms. Bitzer, did you hear the testimony that I provided to the board this afternoon?

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I did.

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Do you adopt and affirm the truth of what I stated?

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I do.

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Thank you very much. And with that, I'll open it up to questions to the board.

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questions from the board no no no no one else like to testify in this case please raise your hand

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there are no hands at this time chair thank you planning commission

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good afternoon this is Greg Walden from planning commission staff

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the comprehensive plan recommends no change to the existing commercial mixed use zoning at this

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location. There are no unique physical circumstances or

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conditions peculiar to this property that create a

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hardship to exceed code requirements related to the size

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and number of signs. Planning Commission recommends that the

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zoning board deny the variance.

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am i 2021 -0010875040 -50 city avenue my vote is yes my vote is yes my vote is yes

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my vote is yes my vote is yes my vote is yes thank you mabby

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Yes. Calendar number 1003 -625 -29 Earp Street. The attorney is Henry Clinton.

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Madam Chair, is Suzanne Sabani with his office because she has her hand up?

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No, I'm just looking for Henry Clinton.

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Okay.

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Suzanne is with the RCO.

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Okay.

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I don't see his hand at this time.

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Okay.

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Let's go to number 11.

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I'm here.

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Okay.

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You're there.

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Mr. Clinton, can you put your name and address on the record and please spell your last name?

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Sure.

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Henry Clinton, CLINTON, 1313 South 33rd Street, Philadelphia PA, 19146 Queen Memorial Building.

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You're still under oath.

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do you agree to waive the reading of the refusal and stipulate to its accuracy i do have you

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emailed the exhibit packet with proof of ownership tax compliance refusal photos under plans of the

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property five days in advance of this hearing and have you met with the rco and do you have a letter

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yes all of the above okay great you may proceed

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Good afternoon, Mr. Chairman, members of the board, Henry Clinton, for the applicant, Tim

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DiPonturo, who is on the call, and also the architect, Derek Spencer of Nome Architects,

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is on the call with me. This is my presentation binder, which I asked and made part of the

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record containing AA to A11. My appearance statement

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AA through A11. My appearance statement and the refusal, this is an RSA 5 zone.

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The existing use is a non -conforming use. It is a family -run business, has been for in excess of 30

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years. Apex Mechanical, it's a plumbing and heating outfit. Mr. DiProtoro is the principal,

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and he's been using this location for in excess of 30 years. So I'll show you,

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I'm sure the board is familiar, Earp Street is a very narrow street, and I'll show you some aerial

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photographs and give you a perspective of what we're seeking today. But we're basically asking

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for the partial demolition of an existing second story and for the erection of a second and third

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floor addition with some rear decks and multi -family use, four units, with six interior accessible

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mechanical parking spaces. So that's a mouthful, but I'll explain it as I work through this.

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We have a letter of non -opposition from Paschel Square Civic Association.

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And here are the photographs. So just for perspective, this is Earp Street, this is Sears

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Street, this is Reed Street, and this is the property. It's 625 to 629.

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The property is two stories at 625 and 627 and 629 is one story. It's 100 %

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light coverage. This building goes all the way back to the rear yards on Sears

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Street, as does this building. There's an existing curb cut and garage entrance

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here. And there's an entrance to offices right here. So currently right now, my client uses this

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for his business and has for 30 years. And this is all open space, garage usage on a slab. And

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this building is also on a slab. And that's important when I get to the heart of the

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presentation. This is actually the best view, I think. We're looking northeast here. Again,

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on Earp Street this is two -story, one -story adjacent to a three -story building then adjacent

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to a smaller two -story building and again the homes are behind on Sears Street. Just again

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another aerial perspective to show you that Earp is very narrow and most of the cars on the block

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are actually parking on the sidewalk on the south side behind two large garages which

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which go from Earp Street all the way to Reed Street.

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A photograph looking eastbound.

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The existing property is on the left -hand side.

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This is the rear of the garages that are on Reed Street.

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Another shot of the garages across the street.

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And this is looking westbound.

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Again, here's our existing property, two -story offices, one -story garage.

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that's the garage existing garage door which obviously will be replaced so we do have a

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request that the board looks kindly upon this application to have one page stamped because we

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have reduced the proposed rear deck at the second floor by nine feet from 14 five to five feet five

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inches and also the parapet wall on the second floor against the rear of the property is only

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going to be six inches. We don't have a large barricade wall. We don't have a roof deck in

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deference to the neighbors. So here is the presentation. Again, this is by Noam Architects

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and Derek Spencer is on the call with me. You can see this is a rather large lot. I think it's the

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largest lot on the block. And here it is again on the right hand side, basically smack dab in the

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middle of the block. Again, some photographs to show you that the black line is going to be where

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the build -out will be. So this whole space here in the middle is going to be occupied with

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multifamily. So just by way of background, Mr. DiPertoro, again, has been on the block for

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numerous years. And with the commercial establishment on a small street, it's kind of

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unique circumstance where it's becoming more and more residential. And he's trying to, I guess,

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weave his way between accommodating the neighbors and doing what he can in terms of using the

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building to his best use. So his thought was to keep the building as is on the block, because

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it's on a slab. And if you were to build single family houses, he would have to

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obviously excavate down, underpin, disrupt the street. With keeping this property as is,

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and I'll show you we've changed the elevation we're able to keep the garage door provide

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provide six parking spots for four apartments and basically maintain the residential nature

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six parking spots for four apartments and basically

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of at least this side of the street. And the project has been well received by the neighbors

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on Earp Street. So this is a side view. The second floor here goes all the way back. So we're going

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to lop off the rear 14 feet of that second floor and then add a third floor onto the second floor

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and then make the first floor at 627 and 629 the same height as we will 625.

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And I'll show you a front elevation.

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But what's important here is our original design that Derek Spencer did

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had our deck going all the way back to the rear.

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Now, from the aerial photographs, the homes on Sears Street,

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their yards back right up against this wall.

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So in conjunction with the community group and with the neighbors,

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we originally pushed the deck back five feet and further discussions resulted in pushing the deck

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back nine feet. So now the rear decks are going to be the same size. The deck on the second floor

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and the deck on the third floor, both will project five feet, five inches from the rear wall. And I

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think this has been well received now by the neighbors on Sears Street. So this is an aerial

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view, a cross section of the building. We're going to use the existing garage opening,

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come in here to the, again, the slab structure on the first floor and have wide turning angles here

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to get into, I said six parking spaces, because these are mechanical. There's going to be a

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parking below, and then there's going to be a lift that you can have parking above. There's

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enough headroom in this garage where we can actually get six cars in this area. And the

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parking spaces will only be for use by the residents of the apartment building, not for

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outside rental. Again, this is another cutaway view. This is the garage coming in. This is going

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to be the lobby. The meters are going to be recessed inside the front wall so you won't see

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them from the street. The lobby area will have storage for the residents, as well as a mailbox

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location. And then we have four trash receptacles, one for each resident of the apartment building.

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This is the floor plan. And each floor plan is basically the same. We have the common stair

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tower. We're going to have a two bedroom, two bath on the second floor. And then on the third floor

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would be the same thing, a two -bedroom, two -bath. And again, no rooftop deck. The rooftop would

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just contain a hatch for access in the event that we have to get up there for roof maintenance or

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any type of other area required on the roof. Here's a cutaway of the building. Again,

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the common lobby moving up to the second floor. The parking area is in the rear. Unit one is in

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is in the rear of the second floor unit to the front of the second floor and the that is repeated

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on the third floor. So this is what the building is going to look like. Again this is the original

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opening for the garage door obviously spruced up with some nice corbel brick here. We're keeping

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the opening that was there on the second floor but widening it, recessing the meters in here

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and then just a window on the second floor and then the second and third floor is set back

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because as I showed you in the aerial photographs on Earp Street it's a narrow street you have large

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garage the rear of large garages across the street so we didn't want to have that tunnel

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effect we thought stepping the building back would be a nice touch and here's another view

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of the building just looking from the other this would be looking westbound and there's a three

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story right here and our building would be three stories. We also did a shade study

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for the neighbors but I don't think that's on the table today. So because this is a very, very

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unique situation, we have a unique building that's been here 30, 40, 50 years and we thought

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knocking that down would not be something that would be

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welcomed by the neighbors in fact we know it's not so the client looked for an adaptive reuse

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of this building so he's basically saving the front of the building putting a new addition on

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the third floor and second and third floor here using the existing curb cut

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and keeping it residential he's going to move his business and he wants to really say in photo

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of you right now, we're looking at a site at the Navy Yard, said he's going to stay in Philly,

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he's in Philadelphia and he loves the area, just that Earp Street is no longer viable

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Just that Earp Street is no longer viable for commercial use for this building.

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for commercial use for this building.

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So I'll entertain any questions from the board.

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Again, I have the architect, Derek Spencer, from Millam Architects.

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I also have the owner, Tim Pretora, on the call.

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And I believe Suzanne from the Queen Village.

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No, Pass Young Square. It's Pass Young Square.

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Pardon me, Pass Young? Yes, my mistake.

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Henry, why don't we have your client adopt your testimony, and then we'll move on to Suzanne.

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Okay.

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Can Mr. DiPertoro be unmuted?

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Tim, you're unmuted.

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You can speak now.

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Good afternoon, sir.

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Please identify yourself for the record.

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Spell your last name.

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Tim DiPertoro, D -I, capital P -R -E -T -O -R -O.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Thank you. Mr. Clinton. Mr. DiPertori, good afternoon.

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Good afternoon, Hank. Were you on the entire call when I presented your proposed project?

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Yes. And did you hear my testimony? Yes. And if you had the opportunity to testify,

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would you adopt my testimony as your own and as true and correct? Yes. Thank you very much.

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Thank you. Any questions from the board for Mr. Clinton or the owner? No.

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Anyone else who would like to testify?

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I believe Ms. Tavani is on.

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Ms. Tavani, you can unmute yourself and speak now.

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Thank you, Yvette.

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Hi, please identify yourself.

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Suzanne, spell your last name and I'll swear you in.

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Suzanne Tavani, S -U -Z -A -N -N -E, T as in Thomas, A -V -A -N -I,

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chair of the zoning committee of the passion square civic association you swear from to tell

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the truth the whole truth nothing but the truth yes i do please proceed thank you uh the zoning

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committee met with the property owner on tuesday may the 11th as is our usual uh practice we did

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not take a vote immediately after the meeting because the neighbors raised some very real

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concerns. We presented those concerns to the property owner, and both he and Mr. Clinton came

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up with some solutions for us, and those solutions have been further revised, and we stand in non -opposition

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to this project with the further revisions, and we thank Mr. Clinton and Mr. DiPertoro and the

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neighbors for their cooperation. Thank you very much. Thank you. Anyone else to testify? Please

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raise your hand. Chair, we have Reginald Nozile. Mr. Nozile, you can unmute yourself and speak now.

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Chair, you can swear him in now. He's available.

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Good afternoon, sir. Please identify yourselves by your name.

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Reginald, are you there?

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He's unmuted, but there might be technical problems.

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Is there anyone else to testify?

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There are no other hands at this time, Chair.

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Okay, Reginald, are you able to speak?

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You're unmuted.

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All right, Planning Commission.

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Good afternoon, this is Greg Waldman, Planning Commission staff.

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The comprehensive plan recommends no change to the existing single -family residential

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zoning at this location.

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Reuse of the existing non -conforming structure establishes hardship for the site.

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The Planning Commission recommends that the Zoning Board approve this variance.

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Thank you.

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Henry, revised plans?

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Yes, Mr. Chairman.

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on one page. One page. Thank you. MI 2021 -001003. 625 -29 Earp Street. My vote is yes with the

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proviso. Revised plan. One page. Approved today. My vote is yes with proviso. Yes with proviso.

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Yes with proviso. Yes with proviso. Thank you very much. So the court reported we have one case

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left on this list do you need a break now or you want to i'll leave it up to you your honor mr

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chair i can go ahead if you would prefer okay let's go ahead and then we'll take the break

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after this case okay cool calendar number 1011 717 north

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Calendar number 1011717, North 41st Street.

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The attorney is Michael Mariani.

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Letter of support from Belmont Alliance Civic Association.

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Right.

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Chair, Mr. Mariani is coming back in as a panelist.

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Good afternoon.

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Good afternoon.

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Can you put your name and address on the record, Michael, and spell your last name?

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Michael Mattione, M -A -T -T -I -O -N -I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia, 19106.

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Were you sworn in this morning?

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I was not.

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Okay.

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

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I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, a copy of the refusal, photos, and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all of those.

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Okay, great. You may proceed.

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Thank you. Thank you.

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I am here today representing Eugene Nadovich, who should be available as well, and he's the owner and developer of 717 North 41st Street. Here's a list of the exhibits that we will be presenting today, the tax clearance, the refusal, and the refusal.

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There's two refusals. This is CMX 2, and we propose seven units where four are permitted, and we propose no ground floor commercial use.

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We do have a letter of support from the Belmont Alliance Civic Association, and we met with them, I guess it was in late April.

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And as you can see, there were 18 people in support, one person in opposition, and four people non -opposition.

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And they counted me as a voting party, so I was in non -opposition.

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And here is the site plan for this property.

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This property, as you can see, there's a photograph, and I have some others I will show you, will be demolished to the north of the property.

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It's all vacant RM1 ground to the south as you approach Lancaster Avenue.

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It's CMX2, although there are no commercial properties on this part of 41st Street.

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There are commercial properties on Lancaster Avenue, which is right down the street.

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But we have, again, seven residential units, bi -level units on the first floor and in the lower level,

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which isn't really quite a basement because it's pretty much above grade.

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Three units on the first floor and basement, and then two units on the second and third floor.

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And here are the floor plans.

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And again, we have bi -level units in the first floor and basement.

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Each of the units are one bedroom on the first floor, and the front unit's 1 ,040 square feet.

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The middle unit is 832 square feet.

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The back unit is 990 square feet.

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And then on the upper floors, they're basically the same two -bedroom units, one in the front and one in the back.

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They're about 800 square feet.

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And off the front, there's a little patio.

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I want to show you the renderings.

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It'll be approximately the same height as the existing buildings with brick front facade.

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And then, again, the little balconies that we showed.

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These properties, while being zone CMX2, really, there is no commercial activity in this area.

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As you can see, this is the site.

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Next to it is a multifamily residential building in the CMX2 zone.

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Another picture of the property.

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And then some surrounding photographs just showing what's around.

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Just showing what's around.

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It's all vacant property over here.

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It's all vacant property over here.

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It's all zone RM1, but all vacant property.

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There's a school down the street.

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And again, this is the property.

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It's all vacant property here.

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That's Lancaster Avenue, so that's commercial, but that front's on Lancaster Avenue.

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And then again, vacant properties across the street.

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So when we met with the RCO, they fully supported the idea of having seven residential units in this property because it would add density to the community to help support the struggling businesses on Lancaster Avenue.

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They understood that this really doesn't support a commercial use here and that the commercial uses on Lancaster Avenue don't need any competition on 41st Street.

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They need help, again, with more than 30 businesses closing there in the past year.

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This is why the RCO overwhelmingly supported the project.

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They want the density.

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They want the old dilapidated building that's on the property to be demolished and to be replaced with a modern building and the modern amenities of a modern building.

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So that's why they supported this.

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That's why it is a and we're the last CMX2 building.

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Everything else to the north is RM1, and there are several CMX2 buildings, like I said, that are all

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um um non -commercial 100 residential and i haven't if anybody has any questions i'm

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available i also like to call on mr knightovich

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if he's available mr eugene knightovich here we have mr nadovich mr nadovich you can unmute

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yourself and speak good afternoon sir please identify yourself spell your full name and i'll

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swear you in? My name is Eugene Nyevich, E -U -G -E -N -E. Last name is N as in Nancy, A -Y, Z as in David,

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O, V as in Victor, I -C -H. You swear or affirm to tell the truth, the whole truth, nothing but the

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truth? I do. Thank you, Mr. Maglioni. Thank you, Mr. Chairman. Eugene, did you hear my statements?

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I did.

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And are they true and correct?

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They are.

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And do you adopt them as your testimony?

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Yes, I do.

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I have no further questions for Mr. Novich.

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Any questions from the board?

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No.

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No.

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Anyone else would like to testify in this case, please raise your hand.

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Chair, there are no other hands at this time.

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Thank you. Thank you. Planning Commission.

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For the afternoon, this is Greg Waldman from Planning Commission staff.

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The comprehensive plan recommends a change from the Commercial Mixed Use 2 to Commercial Mixed Use 2 .5 at this location.

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Both the existing and proposed zoning require ground floor commercial use.

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This section of 41st Street does not have active commercial uses nearby, which are concentrated

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along Lancaster Avenue, which is very nearby to this property. However, seven units still

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exceeds the de minimis relief from the four units required by code, or five units if the ground

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floor was occupied by a dwelling unit. Planning Commission recommends that the zoning floor

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deny this variance. MI 2021 -001 -011 -717 North 41st Street. My vote is yes. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes. Okay, that concludes the two o 'clock. Thank you.

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Tech includes a two o 'clock list. It is now 4 11.

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So we'll say it's where we'll be back at 4 20.

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Today or tomorrow?

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Today, today, Carol.

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You escaped this morning. You jinxed us this morning.

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I did not. I did not. And if I did, I apologize.

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All right. Apology accepted. See you all at 4 20.

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Okay.

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All right.

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Thank you. Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment. I'll be participating in today's hearing, along with our vice chair, Ms. Carol Tenere, board secretary, confessor, plaza, and board members, Mr. Thomas Holloman and Mr. James Snell.

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Board administrator, Ms. Yvette Benton, and our board attorney, Ms. Sharon Saleta, are also in attendance.

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For those of you...

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sir frank unmuted yes

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can't hear can you unmute yourself frank

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now

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Did you get any of them? Just a little. If you could restart, that would be wonderful.

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I'll start again. Okay. Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the

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Zoning Board of Adjustment. I'll be participating in today's hearing along with our Vice Chair,

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Ms. Carol Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman

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and Mr. James Snell. Board Administrator Yvette Benton and our Board Attorney Ms. Sharon Saleta

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are also in attendance. For those of you who haven't yet participated in one of our virtual

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hearings, I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to individual participants prior to their testimony. Second, we'd like to advise everyone

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that this proceeding is being recorded and that it's being recorded that by participating you

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acknowledge your agreement to be recorded and the recording will be made available to the public on

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the web or otherwise. Third for anyone participating by phone if you wish to testify you must raise

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your hand by hitting star nine and then star six to unmute yourself. I'll repeat for anyone

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participating by phone, if you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. Finally, to enter an appearance statement, call Google

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267 -270 -5548 and leave your email address and the address of the property at issue. I will

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repeat that as well. Finally, to enter an appearance statement, call Google 267 -270 -5548

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and leave your email address and the address of the property at issue. And I'd also like to

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remind everyone, please do not attempt to testify in the chat. Any comments should be directed to

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Ms. Benton, our court administrator. With that, I will read off the list on the 3 .30 list.

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of a request for continuance number five on our list mi 2021 -000401 7901 gilbert street

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has been requested to be continued at this time i will ask if anyone objects to that continuance

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and or if you are requesting a continuance or withdrawal to please raise your hand

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there are no hands at this time chair thank you uh carol we'll go to the first case

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calendar number 0185 1609 south 8th street the attorney is howard ford

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mr ford is being promoted to a panelist thank you evette

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mr ford can you put your name and address on the record and spell your last name please

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yes good afternoon my name is howard ford h -o -w -a -r -d last name f -o -r -d address 4256

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Castor Avenue Philadelphia 19124. Do you swear or affirm to tell the whole truth and nothing but

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the truth? I do. Do you also agree to waive the reading of the refusal and stipulate to its

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accuracy? I do. Have you emailed the exhibit packet with proof of ownership tax compliance

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a copy of the refusal photos and or plans of the property five days in advance of this hearing

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and have you met with the RCO and do you have a letter? I have to all of that. I also have an

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updated tax letter printout today as there was difficulty getting an updated compliance.

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So you're good to go. You may proceed. Now, we did ask, my client speaks Chinese and there was

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an issue about an interpreter. Do we have such interpreter today?

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has to be no one requested a interpreter of me um i i believe the request was made but um

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mr ford you've waited so long for this can we just assume that your client will adopt your

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testimony or would you prefer i would stipulate to that i expected them to be on the call as well

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I don't see on the view that that is the case.

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They were instructed.

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They were given the Zoom instructions as well.

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But if we can stipulate, I can move forward today.

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It's simply a variance on a multi -unit property that the license expired.

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And if this is something that I should have looked into again, I apologize.

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And if this is something that I should have looked into again, I apologize.

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No worries. Let's proceed. All right. So I'm going to carry on your theme of technological challenges today.

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And I'm going to try to share my screen with you. Let's see.

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Hold control to select multiple. No, share. Can we see that?

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Yes. Okay, great. So, for us is the notice of refusal for 1609 South 8th Street. This is the tax clearance that was issued back in 2019. This is showing a zero balance as of the 24th of May 2021.

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21. This is the proof of ownership. So you'll see that my client is Zhang Ming Lu. This property

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was purchased on August 15th of 2017. And it was previously owned by Mr. Lu and his wife,

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Ju Ying Wu, J -U -Y -I -N -G -W -U. And scrolling down, you'll see that they had purchased this

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property together in April of 2011, was recorded May 5th of 2011. So my client has owned the

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property continuously since 2011. Again, the rest of the deed. So East Passione Crossing,

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we had a meeting, they approved it, five to zero.

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Letter from Councilman Squilla's office, not in opposition.

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so this is a rental license for the subject property 1609 south a street and you'll see

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that in 2012 that there was a license obtained and that that was obtained for three units

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and again this is the prior 2011 was approved for three units my research has reflected that

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It has been three units since 1977. Now, rotating might be a challenge for me.

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I don't see how to do that. So if you'll bear with me, the mark right here is the subject property.

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This is South 8th Street, ordered by Tasker and Mountain. Now, there are addresses that have been handwritten in by me because, again, my technology is not great.

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So there's an 11, a 19, a 21, 25, 29 on that side, and then behind it, 22 and 30.

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The reason I point these out to you is my research has reflected that each of those is a three -unit building on the same block, which is zoned RSA 5.

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So variances have been sought in the past.

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This board has granted those in the past, including for the subject property.

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And because of the lapse in licensing, my client lost that right and is here asking that he be able to regain the right for three units.

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This is a picture of the front of the building.

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Again, I apologize for the quality.

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It's the unit that's behind that tree.

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This is a view of the street looking north.

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This is a view of the street looking south.

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Bodega on the corner on both sides. Parking on both sides. This is the front of the property

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with the notice of the hearing. It's the front door of the property. Perhaps I can

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make this smaller. I don't know if I can do that.

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So this is a view entering the property, and again, the quality is not great, but what this does is it shows you how the property is set up for three units.

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So this is the first floor with a kitchen in place, bedroom in the rear, another room in the front.

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And then we'll go through these. This is still the first floor bathroom.

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This is the door that leads to the second floor.

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This is the door that leads to the second floor, all the way to the second floor, second kitchen, bedroom, bathroom, and then these are the steps that lead to the third floor.

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This is all interior. Leads up to another door, has another kitchen, another bedroom, and another bathroom. So it's our position that this would not be a hardship on anyone, would not be a hardship on the community.

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There would be no construction. There would be no change to structure.

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The variance is only to get it back to the use that it already was, which is in conformity with those properties around it.

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it would be more of a hardship to deny the request insofar as the work that would need

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to be done by the owner to retrofit this back to conforming use rather than continue with the use

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that it was since the 70s this would be in in spirit and purpose with the zoning code it would

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not substantially interfere with anyone's anything it's not an extra drain on resources

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it wouldn't be adverse to the neighborhood and it would have no impact that that I can

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think of to share with you at this point so with that I would suggest that if my client were here

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he would adopt that as his testimony and I will ask if there are any questions well simply you

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being an officer to court your client would have adopted your testimony any questions from the board

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no anyone else like to testify in this case please raise your hand

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there are no hands at this time chair thank you planning commission

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uh ron bednar city planning that's r -o -n first name last name bednar b -e -d -n -a -r

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Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you, sir. Please proceed.

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While this property is currently indicated for a single -family residential on the city plan,

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given the documented pre -existing use history, we recommend the request of parents begin.

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Okay, thank you. That horse left the barn 30 years ago.

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MI 2020 -000185

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1609 South 8th Street

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My vote is yes

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My vote is yes

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My vote is yes

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My vote is yes

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Calendar number 0469

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437 West Houston Street

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Matt Monroe is the attorney

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what about number two you skipped i i did so i strike what i said okay and i'll go to calendar

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number 05112042 east ontario street the owner is reginald nozel nozel nozel there are no

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exhibits it's the first listing and councilman squilla has submitted a letter in opposition

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is there anyone here for 2042 east ontario mr nozell has been promoted to panelists

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mr nozell can you hear me

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hello can you put your name and address on the record please mr nozell and spell your last name

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We can't hear you, sir.

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We can't hear you.

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We can't hear you.

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sir do you have your headphones connected so that the audio comes and goes from the headphone

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or are you using your computer audio are you using a computer give me a thumbs up

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It said yes.

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Okay.

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Do you have speakers on your computer?

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Because it could be that your audio is on Zoom, but you're not, you have it, your headphones connected, but you didn't change your audio.

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Your headphones connected, but you didn't change your audio.

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Hello?

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Okay, there we go.

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We got you.

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We can hear you.

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Sir, can you put...

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Sorry, Tanya.

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No, we can go ahead.

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Okay.

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Can you put your name and address on the record, and can you spell your last name?

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Reginald?

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Can you hear me?

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can i schedule a continuous or something like that because i can't

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we can't hear you say again well we excuse me before we go any further tanya yeah hold on

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tanya sharon did we ever get we never got exhibits no we're gonna have to continue it

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anyway mr nozzle we did not receive any exhibits this case will have to be continued

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So MI 2021 -000511 -2042 East Ontario is continued.

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Calendar number 0469 -437 West Houston Street.

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The attorney is Matt Monroe.

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Mr. Monroe has been promoted to a panelist.

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Hi, Mr. Monroe. Can you put your name and address on the record and spell your last name?

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Sure. Matt Monroe, M -O -N -R -O -E, 30 South 15th Street, 15th floor, Philadelphia, 19102.

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Hold it, Carol. He's still under oath from this morning.

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Oh, he is from this morning.

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Yes.

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Different glasses.

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Yeah.

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Different outfit.

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I'd have a costume change with a different case.

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Very confusing. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, photos and plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter?

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Yes.

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Okay, you may proceed.

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Okay, I'm going to share my screen.

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Okay, great.

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all right uh chairman de chico members of the board i'm pleased to be here today

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and my client uh kenny grono who is a member of the llc that owns a property is uh on the line

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as well um this is simply an application to legalize a use uh that has been in existence

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since my, pardon me, since my client purchased the property before the property was remapped

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from a C2 property under the prior code to an RSA5 property under the existing code.

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As you can see from the screenshot that I have right up here, we have a pre -existing

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uh one -story industrial building uh this is what uh what was there when my client purchased it

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um uh Mr. Garno has a uh a home renovation business a contracting business called uh

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Buckminster Green uh they have um purchased this property for use there uh they they use uh this

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area for assembly of uh cabinetry some furniture that type of thing and then uh storage of

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accessories materials there that they use on job sites. This is simply to maintain the status quo

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because this property is one story pre -existing industrial building. There is a hardship here

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and the hardship is really a classic Hertzberg hardship. In order to bring the property into

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compliance with the zoning code, the only thing that changed was the map. It didn't magically

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you know, change the buildings that were there in order to bring the property into compliance with

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the zoning code, they would have to demolish the whole thing and start over. So this is a classic

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Hertzberg style hardship. And I just want to go through some of the documents that we have.

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We have the deed, the refusal here. There are actually two adjacent properties. We're seeking

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to have a unity of use uh they're under a common ownership uh assuming that the board or if the

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board uh grants the variances today we'll be recording a um a deed uh to reflect the the

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common uh unity of use between the two properties but effectively we're just trying to get the um

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legalize the uses as artisan industrial and artist studios uh with associated uh and uh

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storage of materials that they have there. We did meet with the RCO, the RCO, and we received a

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and we received a um a support letter uh the community support letter and here's some of the

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support letter, the community support letter.

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the posted notices the community support letter came with uh some requests i i don't think they're

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necessarily zoning related requests um if the board wished to enter a proviso uh we would

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certainly agree to it but i i believe that based on the on the code they're not really related to

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the zoning request, but my client would be happy to agree in any way. They had requested that he

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hire locally. Mr. Gronos hired locally in the past from the neighborhood, but what he agreed

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to do was in the future work with Councilwoman Quinones Sanchez to appear at a job fair in the

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future, the next time they're looking employees. Currently, they have six or they have seven

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employees, six of whom all live in the city of Philadelphia. And so they are focused on

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the community. And again, we do have the support letter. Here's the zoning context. As you can see,

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the property has been rezoned as an RSA 5 property, but it's surrounded in nearby

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multiple commercial uses, including CMX2 properties. And you can see there's a number

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of properties that reflect the prior use as commercial buildings and industrial buildings

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in the area. This is the inside of the shop. They keep it clean, as you can see, and that's

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how they run their operation. And here's the tax compliance. I know it's been a long day

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for the board, given that there hasn't been, we don't anticipate any opposition, and we do have

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support of the community. We'd be happy to entertain questions for the board, but if Mr. Gronow is on

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the line, Kenny, if you could raise your virtual hand, or I just wanted to have him adopt my

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testimony, or adopt my, yeah, adopt everything I said as his testimony. This is Kenny Gronow. I

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believe i'm unmuted yes please identify ourselves by your first and last name kenny grono k -e -n -n -y

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last name grono g -r -o -n -o you swear if i'm to tell the truth the whole truth and nothing but the

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truth yes sir thank you mr monroe all right uh mr grono did you hear the factual statements that

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i made to the board i did were they accurate and true to the best of your knowledge

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they were do you adopt them as your testimony i do okay thank you any questions from the board no

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would anyone else like to testify in this case if so please raise your hand

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here we have sloan folks mr folks you can unmute yourself and speak now good afternoon mr folks

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again please identify yourself with the record you're still on the road again good afternoon

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I'm Chairman DiCicco, members of the ZBA board.

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My name is Sloan Foulkes,

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Office of Councilwoman Maria Keona Sanchez

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from the 508 City Hall.

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The applicants having met with the coordinating RCL

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and receiving letter of support with provisos

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that are unenforceable by the ZBA,

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but also making a commitment to the Councilwoman's office

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regarding hiring practices,

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which she intends to work with the applicant to ensure the councilman offers no opposition to this variance request.

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Thank you.

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Thank you.

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Planning Commission.

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Ron Bednar, City Planning.

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While this property is currently indicated for residential use on the city plan, given the existing artisan use, we support the granting of the variance.

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Thank you.

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MI 2021 -000469 -437 West Hewson Street, H -E -W -S -O -N.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Before you begin, Carol, Sharon, number 47736, Gilbert, you said the exhibits were illegible?

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They were completely illegible.

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they're just photos of the first page of each required document they're blurry

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tried even printing out the refusal and could not make out what it said i can forward you one

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example but i did um email ms walker twice requesting that she resubmit it explaining

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that they were illegible and i got no response though she does appear to be in attendance today

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Okay, so MI 2021, that's 000550.

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Okay, so MI -2021, that's 000 -550 -7736 Gilbert Street.

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Ms. Walker, are you available?

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Ms. Walker, you can unmute yourself and speak.

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Ms. Walker, please identify yourself.

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Spell your person.

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Ms. Walker, you have another device on?

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Oh, okay, my phone.

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Okay.

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Walker.

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I muted her chair until she gets her technology together.

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You.

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Ms. Walker, when you complete that task, you can unmute yourself and begin to speak again.

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Okay.

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Thank you.

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Ms. Walker, please identify yourself.

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Ms. Walker, spell your first and last name, please.

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A -G -N -E -S -W -A -L -K -E -R.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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You heard the conversation I just had with our attorney?

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We're unable to read your documents.

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Which ones?

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I sent a whole lot of them.

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You sent 14 emails.

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None of the documents were in PDF format.

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None of them were legible.

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It looks like you took a photo of the first page of each of the required documents.

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i emailed you twice asking you to resubmit them and did not hear back from you okay and how do i

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go about resubmitting them because i that's the only thing i know all right you can reach out to

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to the same email rcozba at philly .gov we will give you full instructions okay

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okay okay so the way i was doing it was wrong yes yes you can continue the conversation with

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rcozba at phillit .gov okay you're continued thank you chair i thank you mi 2021 -000 -550 -7736

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gilbert street is continued i believe that completes the 330 list

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any outstanding any outstanding business no comments um yes chair if i could um

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uh mentioned that uh i appreciate everything that you guys do and thank you for making this

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a wonderful place to work i appreciate you all you're gonna make me cry you guys you can't leave

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on that tearful note i want to thank everyone especially those behind the scenes for making

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this all happen thank you so much before you end could we just ask if there is anyone in attendance

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waiting for a matter that thank you i forget i should make a note of that thing is there anyone

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in attendance who did not have the opportunity to be heard please raise your hand

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there are no hands at this time chair okay thank you everyone we're all blowing kisses to frank

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frank is the man

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Permits on this parcel