civus
Hearing video

ZBA Hearing - October 7, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 7, 20205h 6m

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

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Yes, I do, sir.

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Thank you, sir. Please proceed.

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Okay, so in communicating with, and I understand Mr. Maniani's concerns, but the community

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has just expressed total outrage about this project. As you know, because we're experiencing

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operating and outreaching the community via Zoom and other alternative measures,

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some people have fallen through the cracks. And so what we're asking is for a continuance so that

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we can get a little bit more clarity on this project, as well as the provisos that we are

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requesting to ensure that the contractor or the developer is going to adhere to the community's

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concerns. And so we really just want to have a continuance so that we can get a full participation

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of some additional community people to make sure that everyone's satisfied with this new project

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that's being developed in the community. Thank you. Mr. Littlepage, last week that you testified

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in this case? No, Mr. Chairman, I tried to come on, but for some reason, every time I tried to

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do it by phone, it wouldn't allow me to speak. But I was on the call, and then I believe France

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asked for the continuance for us. The continuance was for one week, I believe.

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Correct me if I'm wrong, Mr. Manion. Yeah, I think what happened was within that matter of that week,

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there was a whole lot of concern from the community. I believe that the councilman's

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office had received numerous amount of phone calls and even yesterday they were just dissatisfied.

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We actually had some problems even with the initial signatures where it looked like they

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went to the table already some people were just okay sustained but did not did not the

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did not the your community group send a letter of support? Well I think that they were saying

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based on the provisos but I think one of the the issues chairman is that when we looked at it we

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looked at it from what the provisos would be and I'm not sure whether those concerns have been met

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and I think that the councilman along with the the community looked at maybe they needed to see

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if there was more participation from the community so I believe Councilman Johnson's office received

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the blood of uh of the phone objection in that in that he's testifying as to what the councilman's

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office received that's here well we did receive it you do have a letter from the councilman's

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office objecting to it i i did not receive a letter from the councilman's office i said that

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all right well the chair but it was just read in the i'm sorry i'm sorry it's the little page

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here we do have france pierre who may be able to clear this matter up

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if you allow him to speak yes you can unmute yourself and wait to be sworn in

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good morning can everyone hear me yes please identify yourself yes franz pierre council

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member johnson's office that's f-r-a-n-t-z last name pierre p-i-e-r-r-e we're going to

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tell the truth the whole truth and nothing but the truth yes i do yes i do please proceed

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yes so giving the feedback from the community um the council member's office decided to request

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a continuance um as well as uh you know just so conversations could continue with the developer

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you know, just so conversations could continue with the developer and the attorney, as well as

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the community, because concerns were not met. I did speak to, I believe, Mr. Marioni. I believe

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Marioni. My apologies. I want to make sure I get the pronunciation of names correct.

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So I spoke to Mr. Marioni, and I did go ahead and inform him that the council member will

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be seeking a continuance in the matter um he informed me that he would get back with his

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applicant um and then get back to me in regards to that so he was informed i do regret that i did not

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send him the letter of the continuance as well but nonetheless i did send it in uh to the board

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and as well as sharing on thursday which was october the first um but as you can see this

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the community is split in regards to this so this is why the council member's office is asking

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that the conversations continue

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so that way a middle ground could be met.

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All right.

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I just don't understand

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how a community group sends a letter in

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and then they're saying

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that they want to further have further conversation.

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Mr. Chairman, I think I can clarify that a bit

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because their original letter

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was actually a letter in opposition.

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The letter speaks for itself

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and it says specifically that the board opposed it but the nearby neighbors supported it and

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that's what the letter said that is correct but the nearby neighbors were split all right

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one at one at a time please uh let me let me ask when do

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mr little page maybe you can answer this better when is your next community meeting

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you have to unmute yourself

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uh i apologize uh our next one is monday i believe um but can i mr chairman may i just

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make one mention i think one of the thing in all fairness to everyone after we held the meeting

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the developers went out into the community and and and began to get signatures with somebody

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that was notarizing uh and i went out there and met with them and asked them what they were doing

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So we, in all consideration, allowed them to include that information.

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So that's where the confusion actually came in with the support, because it was opposed

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in the initial voting process, and I believe that Mr. Matione knows that.

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So I would just think that we would be willing to try to hold a meeting with them as soon

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as possible with the community if they agree to that.

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so mr matto i was ready to vote i'm hearing both from the councilman's office obviously and

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there's a rco meeting next monday according to miss little mr little page if not sooner

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uh we can hold this until next wednesday uh but sharon correct me if i'm wrong we can say the

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record uh the record is closed no the record is open if we're going to hear anything back

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um a report back on what happens at the we have to have a result resumed hearing yes resumed

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hearing for um for feedback on the results of the community meeting so tanya my next question is to

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tanya uh is next wednesday available if not we can whatever you like chair next wednesday

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wednesday at 9 30 works for us okay all right mr mattie honi everyone uh hearing will be resumed

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on wednesday uh october the 14th at 9 30 a.m at which time we will consider any feedback from the

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rco and councilman johnson's office thank you and if i could just mention mr mattie only no posting

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is required thank you a little page you heard that it won't be posted yes sir okay okay thank

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you all thank you thank you thank you we're on the next one uh chairman

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yep we're ready to go for it okay calendar number mi 2020-000260 1410 south 9th street

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and the attorney is verna anastasio

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Mr. Anastasia you've been promoted to a panelist you can share your screen

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and please wait to be sworn in. Mr. Anastasia you swear a friend to tell the truth the whole

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Mr. Anastasia, do you swear a firm to tell the truth, the whole truth, for nothing but the truth?

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truth and nothing but the truth?

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I do.

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And do you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans,

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five days in advance of this hearing?

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Yes, I have.

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Also, have you met with the RCO and have a letter?

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Yes, I do.

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Thank you.

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You may identify yourself for the record.

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Thank you.

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Good morning, Mr. Chairman, members of the board.

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Vern Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia, 19107.

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I'm representing the owners of 1410 South 9th Street, the Wongs.

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Frank, could you unmute yourself?

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Yes.

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Thank you.

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And swear him in.

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Mr. Anastasia, you swear for I'm to tell the truth, the whole truth and nothing but the truth?

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I do, sir.

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Thank you. Please proceed.

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Thank you. 1410 South 9th Street, it was an application for a four-family dwelling

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in an existing structure. It's actually already set up as a four-family dwelling.

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I'm going to show you four electric meters, four gas meters,

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and for electric panels that said upon meeting with the community and with their consultation

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we have decided to ask for three family dwelling and let me go over the layout

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essentially it'll be one unit per floor

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here's the first floor with being a two-bedroom apartment over here's the second floor being a

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two-bedroom apartment and the top floor will be a junior one-bedroom apartment the community

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we met with the community we have a proof of mailing here we mailed over 125

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Pieces of mail. Here's the property in question. Let me pull back. Proof of posting. Interior

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photos. And might I add, we also have an existing rental license, excuse me, that's in effect

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until 2021 for four units right here as you can see so i'm not quite sure how that all of this

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happened but nevertheless we are asking only for the three one unit per floor uh it seems to be

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um something that uh the community is going to support i'm going to stop sharing that and i'm

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to share this letter of support from passion square civic association as you can see dated

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yesterday 6 of october non-opposition this letter was sent to councilman squilla's office very late

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in the day yesterday although jennifer hasn't provided us with a letter it's my understanding

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that they have no objection either and with that um i'd like my client tracy wong to please raise

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her hand and be recognized tracy wong when you get on please identify yourself spell your first

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and last name and address um is this the caller number ending in 301 you can unmute yourself if

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you're the person can you hear me yes hello hi this is tracy wong t-r-a-c-y w-o-n-g property 1410

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south stein street philadelphia pa19147 do you swear and affirm to tell the truth the

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truth and nothing but the truth yes please proceed thank you mr chairman ms wong did you hear my

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presentation to the board this morning i did and was it true and accurate to the best of your

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knowledge yes and would you adopt my presentation as your own sworn testimony if need be

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and would you adopt my presentation as your own sworn testimony if need be

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yes thank you very much with that Mr. Chairman members of the board I'm going to close my case

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thank you any questions from the board no no anyone who wish to testify in this case please

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raise your hand no hands at this time your Planning Commission chairman and

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members of the board this property is indicated for residential use on the

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comprehensive plan the applicant was granted a city issued rental license for

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four units accordingly we have no objection to the proposed three unit

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building thank you mi-2020-0002601410 south mine street my vote is yes with the proviso maximum

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three units yes with proviso yes with proviso yes with proviso good luck thank you mr chairman that

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concludes my business for this morning may i please be excused you may thank you you're welcome

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Calendar number MI 2020-001269, 1501 North 33rd Street.

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The attorney is Rachel.

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this is sharon this is the case that you have um

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you've already decided they will come back on 10 14 at 9 30 to report the results of the rca

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Yeah, you did say that earlier, right?

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Okay.

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That didn't get really good.

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My phone.

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Oh, I thought I missed it.

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Okay.

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Thanks, Sharon.

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Calendar number MI2020-000865, 1500 Kingsdale Street.

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Attorney is Jennifer Bezitlo.

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if you're here for this case please raise your hand

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jennifer was on earlier for another continuance in another case

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jennifer are you out there i'm here hello

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Oh, sorry.

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Just taking me a moment to use my computer.

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Jennifer, you swear to affirm the truth, the whole truth,

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nothing but the truth?

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Yes, I do.

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And do you agree to wait for the reading of its refusal

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and stipulate to its accuracy?

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I do.

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

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proof of ownership, proof of tax compliance,

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copy of the refusal or referral, photos and plans,

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five days in advance of this hearing?

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I did.

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Great.

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also have you met with the RCO and have a letter? I do. Thank you. Great. Thank you. Please identify

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yourself with a record. Sure. Jennifer Bezidlow, B as in boy, A as in apple, Z as in zebra,

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Y, D as in David, L as in Larry, O as in Oscar, 4500 Worth Street, Suite D202, Philadelphia,

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Pennsylvania 19124. I'm here today representing the owners of 1500

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Kinsdale Street who are NYPA Investments. I also have Ronnie Fetterman here

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today with me who's a representative of NYPA Investments and the property

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manager. I've submitted a packet with the refusal and project information form,

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deed, proof that the taxes have been paid, a letter of unanimous support from the

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10th Ward Democratic Committee, the copy of the community notification letter, an aerial view of

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the property, a zoning map of the area, the OPA records for the property showing that they are

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taxing it as a two-unit building, photographs and plans which I would like to incorporate into the

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record. All right so let me just share my screen first. All right so 1500 Kinsdale is a a little

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less than a thousand square foot rsa 5 zone parcel on the southwest corner of kinsdale and 15th

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street which is between 66 and 67th avenues in west oak lane my client purchased this property

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from sheriff sale in january of 2020 of this year um it was advertised as a two-unit building and

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the tax records indicated that it was also a two-unit building however when they applied for

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however when they applied for their rental licenses Ellen and I informed them that it

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their rental licenses, L&I informed them that it was only a

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was only a one unit building so this is why we're here trying to get everything permitted

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when they purchased this property it was in its current configuration which is two units

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there's a larger unit on the upper floors Jennifer excuse the interruption are you able to show us

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some of your exhibits sorry let me see

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This is the refusal, here's the deed, property tax balance, here's the letter from the RCO

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of unanimous support. On this note, I just wanted to also note that there is no zoning record

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archive. There's no record in the zoning archive of this being a two-unit building. I did talk to

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