civus
Hearing video

ZBA Hearing - November 17, 2020

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

Frank, it's hard for me to speak.

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There's rackets going on in the house.

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Okay.

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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,

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photos and plans five days prior to this hearing?

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Yes to all of the above.

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

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Yes.

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Do you agree with the reading of its refusal and stipulate to its accuracy?

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Yes, I do.

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I'm going to go ahead and share my screen now.

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As stated, I'm here for 2844 to 48 Hasker Street.

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I represent owners with me. I have a member of the ownership group, Mr. Vacario, while asked to raise his hand at the end of my presentation.

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We're here requesting a variance for approval of lot line locations to create 22 lots from one large lot and for the construction of 22 homes, 18 of which are attached and four of which are semi-detached because they would end up on the corners.

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Just so you get an understanding of the current lot, it's situated on the address is Tasker Street,

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but the main frontage is actually on Dover Street, with Tasker Street to the north,

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and Morris Street to the south. Well, I'm sorry.

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The lot is zoned as CA1, an auto-oriented commercial, and it currently sits on the vacant

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lot. This is the parcel here that's highlighted in the reverse L shape. So you get a sense of the

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zoning of the entire area. This is the Grace Ferry neighborhood. This CA1 designation here

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is where our lot sits. And as we stated, we're proposing residential single-family

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use, which we believe is more appropriate for this current parcel. As you can see,

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there's only three well I'm sorry I'm circling the wrong parcel this is the correct parcel my

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apologies as you can see there are only three other CA1 lots in the area one of which is along

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the industrial corridor here the other is along the edge of the neighborhood on 34th street which

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is I believe a car wash and a Dunkin Donuts and the only one that's in the middle of a residential

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neighborhood is a community health center so outside of the community health center there

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are no commercial audio oriented lots outside of this cluster that is within a residential

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neighborhood. So just so you get a sense, this is just a photo of the lot from an aerial view.

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Again, we come, our parcel comes all the way down Dover and kind of reverse L shape towards 29th

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Street. It's another area of view here. This is a street view from the corner of Dover and Taster.

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This is a street view from the corner of Dover and Tasker.

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Our parcel is about 20,000 square feet.

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Here's a view on 29th, and this is on Dover.

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So what are we proposing?

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We are proposing, as I stated, the relocation of the lot lines to create 22 individual parcels

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for the construction of single family homes amongst or on top of these parcels.

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Most of which will be facing on Dover Street, but four of the 22 will be facing on 29th Street.

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Each, there's a subdivision, let me go to the floorplanes and elevations.

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Each home will be designed, we've designed as close to RCA5 as possible, which we believe

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is more appropriate for this area. And for this parcel, as I'll get to in a second,

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each home will have four bedrooms, four baths, 18 of which, like I said, is attached. And the

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homes will come with a rear yard and a roof deck and roof access structure.

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Here is a shot of the elevations of the homes and here is sort of a rendering of what we

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are envisioning for this project. So as I stated earlier, we believe that the single

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family homes is more appropriate for this neighborhood. We took a look at the 2035

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district plan for this area and the city's actually intentions with this parcel was to

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actually change, proposing a change of zoning, as you can see here, to change, this is our parcel

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here, to change this lot from CA1 to RSA5, which was in line with what we're trying to do here

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now and therefore we think we support the city's sort of position that this is the more

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appropriate use for this position we did meet with the community group they submitted a letter of

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support this morning but I've also attached it I don't know if it was received by the board but

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I forwarded a subsequent email with it attached stating their support we met with the Grays Ferry

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Community Council. We met with them on November 12th but earlier we had a, this was our second

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meeting, we had an earlier meeting on October 13th with the zoning committee. At the meeting on

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November 12th there were 23 attendees and there was only one vote for no and thus we received this

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letter of support. In terms of the refusals that we have, all of our refusals basically stem from

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the fact that this is currently zoned CA-1. We have some dimensional refusals, but also

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we have a refusal for the proposed use of single family, which obviously would be by

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right if this was zoned as RSA-5 as intended by the city. And also we have a refusal regarding

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the parking, which would not be required if it was zoned as RSA-5. I won't get into,

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unless the board has questions,

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I won't get into the specific dimensional variances,

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but just know that all of the dimensional variances

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stem from the fact that this is intended

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for auto-oriented use such as, you know,

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like a shopping center or strip mall

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or something of that nature.

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And once we design residential homes for that,

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it'll generate basically every dimensional variance

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you can get.

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As such, because we believe this is,

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this use is in line with the 2035 plan we believe is in line with the neighborhood across the street

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as row homes our dimensions are as close to the neighboring properties as we can get we're asking

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the board for variance approval for our project i have with me on the line mr vicario from the

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ownership group who can adopt and affirm my testimony mr vicario can you raise your hand

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to be recognized please and mr vicario when you get on please identify yourself with the record

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spell your first and last name and then i'll swear you in mr vicario to talk right now sir

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hello there you go hi yes please identify yourself with the record spell your first and last name

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Fred, F-R-E-D, Vicario, V like Victor, I-C-A-R-I-O.

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

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We're going to affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Yes, I do.

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Please proceed, Mr. Bertil.

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Thank you, Mr. Chair.

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Mr. Vicario, did you hear the testimony that I provided to the board this afternoon in its entirety?

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Yes.

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Do you confirm the truth of my testimony and adopt it as your own?

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Absolutely.

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Thank you very much.

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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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no anyone else would like to testify in this case if so please raise your hand

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mr chairman this is henry clinton i i don't have a raise my hand on the bottom of the screen but i

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i have a comment or two proceed mr bertell how are you i'm doing well mr clinton good to see you

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again good same here could you go back to the aerial photograph i just want to explain something

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to the board and then you'll understand my question the aerial photograph you said please

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does that one work or do you want to further this is great steve thank you so mr chairman

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the the large white building in the forefront of this uh photograph is my client's building

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i'm going to be presenting a similar residential project to the board tomorrow so i'm calling i'm

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weighing in that my client supports

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this project. And I also just want

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confirmation from Steve.

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Steve, if you could go to the zoning plan

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that you had.

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Sure.

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So at one of the community meetings

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I had just asked Steve

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that the alleyway that

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is shown

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behind the single

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family homes and that are

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against my client's property that that alleyway is going to be a dedicated public alleyway for use

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by my client if that need arises as well as you know use for any of the homes on task retreat

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i just wanted to confirm see that's still the case uh so that alleyway i just want to make sure

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because i don't my recollection of your framing um was a little bit different what i can confirm

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is that this alleyway will be is a required alleyway under the building code for ingress

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and egress to all the adjacent homes and that'll that'll be reflected in the deed and material

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if this board approves that and upon subdivision that this will maintain an alleyway by building

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code for ingress and egress so it's I don't know I don't know in terms of because mainly because

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I don't know what kind of homes your client intends to construct here.

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But I would imagine if it's just a rear yard, if that's what you're referring to, then yes, that would be an alleyway that can be utilized for ingress and egress from all the homes that are adjacent to it.

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And that alleyway will run from Tasker Street all the way down to the end of your development?

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Yes, to the end of our property line, correct.

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And yeah, that's what we agreed to before.

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I wanted to confirm it on the record, and I appreciate it.

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Thank you, Steve.

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Thank you. Thank you. Thank you. Anyone else?

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Mr. Chair, I have someone with the phone number ending in 9213. Their hand is up.

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I will allow them to speak right now.

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The person is now allowed to speak, sir.

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yeah hi this is steve vicario fred's brother i'm partners in the project so we were both

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on the phone at the same time okay anyone else

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there's no one else uh mr chair thank you planning commission

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brian wenrick city planning commission staff

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although this property is indicated for commercial use on the city plan or uh sorry let me start

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over uh although this property is indicated for commercial commercial auto use on the city plan

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it is recommended to be rezoned to rsa5 residential in the south district plan accordingly we have no

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objection to the granting of these variances thank you mi 2020 that's zero zero one one eight one

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two eight four four dash four eight tasker street my vote is yes my vote is yes my vote is yes my

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vote is yes my vote is yes okay before we go to the next case i'd like to ask if the court reporter

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needs a break we still have five more cases on the two o'clock list i can't see her if i can just

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take uh two minutes three minutes take take five okay thanks okay

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three minutes take take five okay thanks okay

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2020 dash zero zero one eight six eight one seven one eight arlington street

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mr notkinson

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hello we hear voices out there it's probably the people here all right Mr. Notkinson are you around

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why don't we go to we'll go to the next case

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anybody see mr knockinson around

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12th street is sean ward yeah let's go to that one and we'll come back to arlington street if

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if if uh alan shows up okay calendar number mi 2020 000 738 1501 south 12th street

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carol is that you yeah just mute yourself we'll handle it don't worry just stay on i believe um

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i don't see first of all mr knockerson is here jason will promote him

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okay thank you and then i believe sean ward continued this

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um i can look it up and see because i'm not sure if i know he's not here and i'm not sure if

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this is the week he was on vacation i believe so this is the week he was on vacation

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so i'll check and see if he requests this is sharon he is on vacation this week

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I thought so, because we heard all about it. So if we could, if we could request a continuance on this, I would be ever so grateful.

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Frank, are you talking?

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MI 2020-000738-1501 South 12th Street is continued.

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Now we'll go to Arlington MI 2020-001868, 1718 Arlington Street.

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so i think chair um jason might have got um locked out for some reason so i have promoted

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mr mackamson i'm sorry i'm sorry miss sunken i was scared i just had to run off for a briefly

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i'm sorry no worries uh good morning good morning good afternoon mr chair members of the board

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alan knockamson of knockamson pc 123 south broad street suite 1600 philadelphia pa 19109

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and mr knockamson do you swear to affirm to tell the truth the whole truth nothing but the truth

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i do you agree to read the reading of his refusal and stipulate to attack your seat

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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,

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photos, and plans five days prior to this hearing? I have.

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Have you met with the RCO and have a letter? We did, and I have

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a letter. Thank you. Please proceed. I'm going to share my

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screen.

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Full screen mode.

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And by the way, with me from the owners group is Steven Stafford.

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But I'm here today for 1718 Arlington Street. This is in the Temple area of Philadelphia.

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And we're looking to put a two unit building on this RM1 property.

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We're not seeking any dimensional variances. We're here merely because we're in an overlay district

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where if we were allowed without the overlay,

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we would be allowed as of right.

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So the first exhibit's the deed to the property

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showing that Mask Investment Group LLC

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owns a property at 1718 Arlington.

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Second exhibit is showing proof that they owe no taxes,

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real estate taxes on this property at 1718 Arlington.

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After that, if my computer unfreezes, let's see, or not,

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If my computer unfreezes, let's see, or not.

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Oh, there it goes.

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Oh, there it goes.

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Oops.

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Oops.

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Okay.

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After that is the notice of refusal.

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Again, we're an RM1 property.

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All we're trying to do is build a two-unit building.

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