civus
Hearing video

ZBA Hearing - November 17, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20205h 18m

this is Yvonne Haskins again hi Yvonne uh you're sworn in earlier so you're still under oath

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thank you please proceed with your case oh I'm sorry confessor

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we got some questions for you um

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okay um miss haskins did you um do you swear to tell the whole truth and nothing but the truth

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yes ma'am i swore that before is that where we are frank yeah and have you emailed an exhibit

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

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i still have to say hold on hold on ladies hold on hold on everybody miss haskins need the week

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let Ms. Tenere finish and then you can respond. And then I say yes. Okay. Okay. Have you emailed

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the entire exhibit packet with the required documents? Proof of ownership, tax compliance,

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

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and have you also met with the RCO and do you have a letter? Yes ma'am. All in the packet.

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and do you agree to wave and stipulate to its accuracy in the reading i do it's unbelievable

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okay and i'm not going to swear i ask you to swear or affirm

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okay miss has haskins please proceed okay this is the second of the trilogy that i

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have talked about before. This one, I want to share first. Let me do my share screen. Am I

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permitted to share? Yes, you are. Okay. Now, what I'm going to do is find, I found it while I was

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practicing and go um 216 pictures this is a very large building at a corner

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um i'd like to show the very end of this series of pictures so you can

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get a sense of the size of the building first partner interruption you might just call it

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so what you have to do is before you have to open the picture file before you share the scroll

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so now you have to go back out his share screen again here i'll take i have to hit share screen

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again no i took you out okay now his share screen and then go to the pictures and now i hit share

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okay it should come up now i think yes it's up you have it yes but could you make it so that it's

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um visible right perfect you can go down a little more

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is it visible yes miss haskins okay this this is the side of the building this is marion street

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And I'll show you the front of the building in a moment, but I wanted you to just get the size of the building from seeing it on the side, because the rear part of the building is a long garage, and there are two Bay areas, there's an apartment back here, and I just wanted you to get that perspective.

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and i'll show you the front of the building in a moment but i wanted you to just get the size of

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the building

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Now I'll take you to the front of the building.

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This building is a single family.

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um it has been operating with a commercial unit on the first floor last time when we were here in

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2017 you had approved um there was a bmw repair plate um operation going on in the first floor

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this is the front of the building that um that shows an entrance to the apartment

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here that goes to the second floor of the building and the entrance to the commercial space

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is here. This takes you up the stairs to the second floor. It's a very nice apartment on

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the second floor. There is some confusion that I want to bring your attention to. This

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now is not a BMW operation. It's a personal service. It's a salon, a hair salon that I'm

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sorry. I'm not showing you the hair salon. Where's the hair salon? That's the garage.

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please bear with me um

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well i guess that's in another set of pictures that i have to share reshare i have two sets of

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pictures for this building because of the size but let me explain um the refusal says that

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multiple uses are not permitted in the zoning district and that the proposed personal service

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use is also not permitted. I would like to know, and I guess I need to have the board

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rule on whether or not we can correct a mistake that I found on the refusal

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after it was issued. I did not want to stop the process of appealing this as soon as we could.

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However, there's a mistake in the description of what the uses are in this building today.

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Today, there are two apartments in the building, not one apartment.

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There's a personal service use on the first floor, and there's an apartment behind that.

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And then on the other, I'll find the side, and I will show you where those entrances are.

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The entrance to the apartment is here, and then you have a garage, and that apartment

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is in this section of the building.

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It's a mezzanine, one bedroom, it's actually a loft, it's just a very small apartment.

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here is storage space it's a garage that has been there you can see the two bay

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entrances so this garage has been here for years i think in 1934 it was a garage

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the front of the building is the entrance to the second floor apartment that you see here

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You can see it better on this picture. The personal service is here.

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We're asking for approval of multiple uses to include both apartments, if that is possible.

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If it's not, we understand and we'll have to just start all over again and come back and you'll be very familiar with this property.

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If that's possible, that is the request today, that it be approved as the same variance that, and I recall asking you in 2017 to approve two apartments and the BMW use, which was using pretty much the garage back here and the front space as an office space, and the apartment was here.

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So I'm asking today that you approve the two apartments and the personal service use.

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Thank you.

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Questions from the board?

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Which has been approved by the community as well as your approval.

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No.

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No.

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No questions.

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anyone else like to testify in this case if so please raise your hand

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Anyone else like to testify in this case?

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If so, please raise your hand.

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mr chair i have it charles richardson i won't allow him to speak right now thank you

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good afternoon mr richardson you're still under oath please identify yourself with a record

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good afternoon mr chair uh charles richardson from the office of councilwoman cindy bass

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room 312 city hall uh i am under oath okay uh the councilwoman has no objection to granting

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the variance for this property. Thank you very much. Anyone else?

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Planning Commission?

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Good afternoon. Brian Winrich, City Planning.

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This property has a history of ground floor commercial use, which is documented in the

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zoning file. Therefore, we have no objection to the granting of the variances.

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Thank you very much. MI 2020-002127216 West Rittenhouse Street. 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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Thank you very much.

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Thank you. Go back to Mr. Clinton. MI 2020-000863-2063 Dickinson Street.

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Mr. Clinton, were you sworn in?

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No.

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Okay, name and address for the record, please.

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Henry Clinton, 1313 South 33rd Street, Philadelphia PA, 19146.

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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 and step?

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Yes I do. One last thing. Have you emailed an exhibit packet with the required documents

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including proof of ownership, tax compliance, copy of the refusal and referral, photos and

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plans of the property five days in advance of the hearing and have you met with the RCO and do you

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have a letter? Yes Mr. Neri I have. Thank you. You may proceed. Can the host permit me to be on

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video, too, because right now I'm being stopped.

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Not that you need to see me.

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I want to see you, Mr. Clinton.

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I changed it.

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You're the only one. Thank you, Ms. Hunkett.

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You heard that, Confessor?

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Boy, I'm telling you.

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I wanted to see you, too, but I also

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like seeing Confessor.

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All right. The love fest is over.

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Business time.

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Can I share my screen?

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No, sure.

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Welcome back, Mr. Nairi.

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Thank you.

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It's good to be back.

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Is that big enough for everyone to see or should I enlarge it?

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That's good.

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All right.

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

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Henry Clinton for the applicant, which is JRG Properties, LLC, the principal of which

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is Jerry Gio Loretta, and he's on the call with us today.

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This is my exhibit package containing exhibits AA through A10, appearance statement.

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I'll just run through the preliminary stuff quickly.

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This is the refusal.

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This is a CMX1 zone, 2063 Dickinson Street, right at the corner of 21st and Dickinson Street,

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about a half block or so from Point Bees Avenue.

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So it's on CMX1 and what we're asking to switch out the commercial use on the first floor to a residential.

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So instead of having a commercial and one, as this district permits, we're asking to have two residential.

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And I'll explain that why as we move through this.

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We did meet with the Point Breeze Community Development Coalition, and they did issue a letter of support for this project.

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with certain provisos which we agreed to we're going to remove the trees in the alleyway

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the sidewalks on both 21st street and dickinson street will be replaced with ada ramps

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we will have exterior lighting and the units will not be rented for short-term use such as airbnb

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we also have petitions signed by a number of neighbors near neighbors on dickinson street

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all in the 20 hundred block. These are photos for the board's perspective. This

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is looking north on 21st Street. Went the wrong way. This is looking east. Here's

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the lot right here on the corner. The other perspective looking north. Again

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looking north at the lot.

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north at the lot, another shot of the lot right on the corner. Here's the photograph I wanted to

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get to, and this is the reason behind requesting that this become too residential rather than a

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commercial. This is Point Breeze Avenue. This is the commercial corridor in the neighborhood,

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and on Point Breeze Avenue right now, there's a number of vacancies of commercial spaces,

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and with what's going on, it sounds like additional vacancies will occur.

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So Mr. G. Loretta looked into whether or not he should commit to commercial on this first floor of this building when there's numerous vacancies within a half a block away.

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And he opted that the best use for this property would be two residential units because it didn't make any sense to have a commercial unit on the first floor and then have it dark.

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That would not benefit the neighborhood.

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Again, just another perspective of the lot.

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These are the plans for the building.

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it's a corner property there's going to be an entrance on dickinson street as well as an

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entrance on 21st street these are the floor plans i can go through them if the board wants me to

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a brief summation that would be helpful

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basically uh there's going to be a bedroom on the first floor for the for the one unit

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on the second unit there are three bedrooms one on the second two on the third it's going to be

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a three-story property. We're not asking for any relief with regard to the height or the open space

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or the rear yard. The following exhibits are the deed, tax certifications,

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and our applications and all the accompanying information that one would normally see

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in an application like this. So in summation, we're basically asking to switch out a commercial

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unit for a residential unit because we're so close to the Point Breeze corridor and having

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commercial space on the first floor that would be dark is really not a benefit to the neighborhood.

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We believe the project's in harmony with the code. It's in harmony with what the community

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group asked for and we're willing to undertake all the provisors as requested in that letter.

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Mr. Clinton, as it relates to the, I think you said the ADA was a requirement

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on behalf of the community yes and is that reflected in the plan so does that does that

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create a revised plan it does not it does not anyway but the community group i think just

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wanted to double down on that and we certainly agree because we're required thank you mr chairman

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can i uh have mr g loretta yes please good afternoon mr g loretta please identify yourself

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for the record spell your last name and I'll swear you in. Jerry, maybe maybe he's not been unmuted I

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believe it's Regina. Wait a minute, Jerry Gerardo he just raised his hand I won't

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allowed to speak now, sir. Mr. Gio Loretto, Mr. Gio Loretto, this is referring. Is this the one to whom you were referring? Yes. Yes. Thank you. Mr. Gio Loretto, you're now allowed to speak. Mr. Gio Loretto, you have to be sworn in first.

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Okay, Jerry Gialloretto, J-E-R-R-Y-G-I-A-L-L-O-R-E-T-O, 3210 South 17th Street.

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Swear to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed, Mr. Clinton.

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Jerry, you were on the entire Zoom call when I presented the project?

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Yes.

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And did you hear 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 and as true and correct?

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yes thank you thank you any questions from the board no no anyone else anyone else would like

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to testify in this case please raise your hand no hands mr chair thank you planning commission

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good afternoon brian winrick city planning commission staff this property is indicated

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for commercial residential mixed use in the comprehensive plan we are not opposed to the

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conversion or swapping of the commercial unit to residential due to its proximity to point breeze

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avenue thank you very much mi 2020 that's 000 863 2063 dickinson street my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes uh thank you very much thank you do we

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my vote is yes my vote is yes

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go which case is next number nine is it tasker street tasker street right

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20 mi 2020-001181 2844-48 tasker street

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mr bertill

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mr bertill's hand is raised i will promote him to panels right now sir

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Thank you, Mr. Bertil. Please identify yourself for the record, spell your name, and I'll swear you in.

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Good afternoon, members of the board.

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Mr. Chairman.

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Mr. Bertil?

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Yes, do you hear me?

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Yeah, barely. Speak a little bit more loudly and clearly into your microphone.

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All right, so identify yourself, please, by your last name, and I'll swear you in.

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Steve Bertil, B-E-R-T-I-L, Claire Harrison Harvey in Bransburg, 1835 Market Street, Philadelphia, PA, 19103.

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Do you swear and 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.

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Please proceed.

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Confessor or read?

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Carol, I'm sorry.

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