civus
Hearing video

ZBA Hearing - May 26, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 26, 20215h 28m

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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