civus
Hearing video

ZBA Hearing - September 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20214h 46m

but not utility vehicles so i can't say for sure it could be the workers people who are

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uh and i agree and i agree i agree but that's what i'm just telling you right from what i'm hearing

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this is what i'm seeing um but kayla this is where the three parking spaces would be where

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where my cursor is moving right here right yes part of the plans on that not this picture that

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was taken and what are we looking at in this photo that's the utility vehicle where you can

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see that they're um i guess put in vinyl signing on the inside and there looks like a slope down

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from from the the parking area to the curb is that correct can i ask what the relevance of

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this is based on these photos i appreciate that uh miss franks jenkins took these photos and i

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appreciate her testimony i'm just a little bit confused from council with what the point of this

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These are clearly showing buildings in construction, and you're speculating based on an unfinished

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product where certain things are.

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We're showing construction of the actual parking spaces and the driveways before you actually

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have the variance to award them.

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That's inaccurate.

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Those are foundations and announcements.

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They are what they are, and you can argue that they're something different, but we're

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showing you the actual photos of what's been happening at this property, at these four

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properties.

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is mr masters you're not a construction expert you're not the lni examiner you certainly did

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not have access to the building permits and plans so if you want to discuss what's actually going

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on in the site i would relate to the photos and also we have the owner and builder on the call

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who's letting me know that this is actually foundation and patio work

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and not uh parking spaces as previously mentioned excuse me excuse me council you're not correct

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THE COUNCIL IS NOT CORRECT.

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I'M AN ISON ARCHITECT.

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I CAN TELL WHAT THINGS ARE.

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I WASN'T RELATING TO YOU, MR. HOLLIMAN.

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I WAS SPEAKING TO MR. MASTERS.

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MR. HOLLIMAN, WE WOULD APPRECIATE YOUR GUIDANCE

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ON WHAT YOU'RE SEEING AS WELL.

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SO IN THOSE PICTURES THAT YOU'RE SCROLLING PAST,

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THE BEAM THAT YOU SEE IS KIND OF,

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SO WHEN I TOOK THOSE PICTURES,

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YOU CAN SEE WHERE, LIKE, IT'S PEOPLE THERE,

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PEOPLE NOT THERE.

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that's where the level

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I guess they tried to level it and I'm

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going to say this based on the fact that I'm not

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a construction person

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so I took this so you can

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try to get like an idea where

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I don't know if you can tell but it's kind of like

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the beam is on the

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angle but not

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leveled

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yes

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it does appear as though the

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sidewalk that where that

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new pouring is going on is somewhat

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sloped yes on this photograph

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And these last photos, Kayla, these are showing the condition of the sidewalk now.

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And these last photos, Kayla, these are showing the

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Is that correct?

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Yeah.

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So if you look there, you can see where it was newly poured and where the new pouring kind of met wherever the height of the old cobbled brick was.

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And can you still see the curb at all?

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So the curb, I guess, wasn't there. And I'm not honestly sure if what I'm seeing is curb because it might be covering the top of the curb. But I do have more pictures from an angle so you can see what I mean. So that picture, you can see where it's sloped and that the actual curb is kind of higher than that portion on the right.

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well the street looks the street looks like it's sloping as well if you look up

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right where there's a grade on that street that runs from where those white trucks are

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yeah to a minimum curve down to the uh the bottom end of this photograph which shows a

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higher a higher curve and i think it has to do with the the the angle of the street

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and it looks like the new curb sidewalk looks like it butts up with the

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sidewalk of the adjacent property at the lower end of this photograph

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what are we seeing here uh kayla so that's basically if you look it's almost like a

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non-existent curb because the brick is like in the ground and i tried to do literally i put my

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hands on the ground so you all can see it um there is another picture at some point where

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the curb is actually underneath the street and that's further up the block but you can see where

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it's not across the board even so a lot of the older residents are concerned especially when

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it rains or if it's snowing that the sidewalk is already slow so even if you shovel it that's like

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trip and fall hazard to them and that's where their concern is and then here's a portion where

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the curb is actually higher than the other pictures that i had shown you but it's not

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You know, it's old brick from olden days.

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And that's the opposite side from what you just saw.

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So I could show you all from different angles.

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it appears and correct me if i'm wrong as though the newly poured sidewalk is at the same height

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that the exit of the existing curb yes well this is a there's no curb cut there's no there's no

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curb cut no there is no curb cut but the sidewalk is sloped to me whatever well that's but that's

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that's the nature of the street it's not wasn't caused by this construction is my point

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there is no the the applicant who's here today asking basically to have all street parking which

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would require a curb cut there is no curb cut currently it matches the existing curb all the

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way down the sidewalk well i think i think i think your testimony kayla was that in some places the

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curb is missing right so if you look at what is there 1720 what relevance does that have with this

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application exactly this is sharing that's a city issue can we please move on from this this is not

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i don't get any of it i appreciate your work mr thanks so there is no curb cut nobody's saying

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that it's a curb cut we did not understand why the sidewalk that wasn't broken up why it was

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re-poured and sloped down so it's like on the incline i think they did it to match this right

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here which in any case has no offense to the issues it appears that the sidewalk the new pour

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was sloped so it matches the height of the curve

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which is actually the right thing to do but having said that mr masters yes i'm moving on to the

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we've been on this case it's for an hour and a half so far i know certain people criticize us

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because they say we don't let people speak but we do we're going to have to do a resumption hearing

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there's no way we're going to get past this if you have four more and i don't know how many

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And I don't know how many other people are out there that want to speak.

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other people are out there that want to speak.

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So you're going to wrap up this witness, and we're going to resume this hearing.

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Okay.

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Excuse me, Mr. Chairman.

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Yes, sir.

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Can we take a look at the site plan?

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Sure.

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i'd like to ask the architect do you have a curb section on the site plan

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is logan dry still a panelist yeah can you guys hear me yes do you hear mr halliman's question

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yes so you usually what happens is when we submit for the building plan for the streets department

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we've got their typical driveway apron section it's drawn in plan here but we don't have the

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section on the zoning plan uh because again it's just at a zoning level but for you know the

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building level there would be the construction detailed section that the streets department

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would approve the street department requires a section for curb correct

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so where's the curved section well it wouldn't show up in the zoning plan we would have that

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on our building plan that we submit for a zoning prerequisite they're just looking at it in terms

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of the size and location and plan but then when we submit for the building permit updates that

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would have the the section on it and the streets would be reviewing that building submission for

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the actual constructability in the field uh do you have uh i'm not clear on what you said but yes

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you should it should have

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sex or city street department

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tom you're breaking up

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Tom yes we lost you there the there's no curb section so there's no intent to put a curve there

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I'm not talking about I'm not talking about curve cuts I'm talking about curve all right

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and so again to clarify this this would be a two-step submission to the streets department

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we have the zoning prerequisite which again only requires the location of that to be shown with

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the the flares if you want to zoom in rachel and then assuming that the zoning gets approved we

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would make another building submission to the streets department they would review that would

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include the site plan as well as construction details like their typical apron section and

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things like that as it relates to the reconstruction of curb and non curb cut areas and the construction

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of the what's called the apron at the actual cut location so you'd have two different sections

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showing curb heights and, you know, streets approved construction details as part of a

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building submission to the streets. Let me ask you another question. On the original plans,

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did you have a curb cut section on the original plans, the plans before these?

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Yeah, so the original plans, we didn't have any sort of curb cut section and we didn't have any

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sort of curb cut shown only because we didn't have an application for legal parking spaces as

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part of that because again the original intent was that that front area was going to be a covered

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patio um so the original approved construction documents that are as uh l and i record you know

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both the zoning and the building plans um they you know they aren't referencing or locating any sort

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of curb cuts or driveways or anything else like that because at the time we were using that front

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areas patio do you have drawings for the landscaping that you have on the original plan

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uh the original plan uh doesn't have any sort of landscaping shown um but you said it was going to

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be the garden area so that the area the area underneath is a paved patio that was covered by

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part of the building and then the front you know they were going to either do grass or plants but

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So we didn't have any sort of landscape plan done that was submitted, no.

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Okay, I understand.

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And the one thing I would add, and again, this is just based on construction experience.

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A lot of times looking at those photos with your sidewalks, a lot of times there's a limitation on how long the sidewalk can be closed or impassable to pedestrians while construction's happening.

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So sometimes what will actually happen is they'll have what's called more or less a rough coach of the sidewalk put down so that they can basically reopen the sidewalk, continue construction since the utilities have already been installed.

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And then a lot of times they'll come back and install the actual new curbing and sidewalk.

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And then a lot of times they'll come back and install the actual new curbing and sidewalk is kind of one of the last things that you do kind of as you work your way out from the back of the site towards the curb line of the street.

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So, again, I can't speak to the conditions out in the field, but generally I've seen, you know, kind of where you have those transitions to existing granite curbs that you see and the slopes in the sidewalk.

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And a lot of times that's just done as a temporary measure so that the sidewalk can get reopened so that pedestrians can pass while construction is still going on.

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Otherwise, you'd have, you know, a good chunk of that sidewalk on multiple properties close, you know, until basically people are ready to move in, which, you know, the city usually doesn't allow that.

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One last question, Mr. Dreyer.

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Sure.

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Are you a licensed architect in the state of Pennsylvania?

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Yes.

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Thank you.

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Okay.

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Again, for the benefit of everyone out there who's waiting, has been waiting to testify, we apologize.

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We know we signed up for this job, and it's going to take some time to hear these cases, but we're running up against the clock.

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We have numerous cases to be heard, and we have to finish up this session somewhere around 1230 in order to provide a lunch break for the employees.

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So having said that, we will have a, let me do this, MI 2021-0002424, excuse me, start again.

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MI 2021-000242-1720 North 22nd Street. MI 2021-000784-1744 North 22nd Street.

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and MI 2021-000242-1750 North 22nd Street.

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This hearing will be resumed on, Tanya or some,

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Lakeisha, is someone going to have a date for us?

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Yes, Chair, November the 10th at 9.30.

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November the 10th at 9.30 a.m.

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And we appreciate, Ms. Jenkins,

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your uh the time you spent on this case to to demonstrate to the board what is going on out

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there uh and again we will hear everybody back here on november the 10th at 9 30 a.m thank you

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very much may we be excuse yes you may thank you all right case number one mi 2021 that's zero zero

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302-399-1241-North 28th Street.

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Mr. Anastasio?

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Mr. Anastasio?

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Good morning, Mr. Chairman.

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Good morning, sir. Please identify yourself, spell your name, and I'll swear you in.

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Sure. It's Vern Anastasio, A-N-A, S-T-A-S-I-O, 1315 Walnut, Suite 1006, Philadelphia, 19107.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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And according to my notes, the RCO has agreed to a resumption hearing that would be limited to reading their letter into the record. Is that accurate?

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That is accurate.

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We'll move forward. We'll hear your testimony and we'll resume the hearing to a later date for the reading of the record and the record of the RCO.

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Thank you, sir. May I proceed?

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Please proceed.

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Mr. Nesk, do you agree to wait 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, proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this hearing?

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I have.

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And have you met? Oh, okay. Please proceed.

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Thank you. This is the subject property in question.

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For as long as the archives goes back, it's always been three separate units, two apartments above the first floor.

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And the first floor has traditionally been commercial. It was an oyster house.

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It was a fresh fish store for a while. It was a candy shop back in the 70s.

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But for the last 30-plus years, it's been vacant, like just about every other corner on that block.

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It's been either converted or just empty.

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It's not really a commercially viable block anymore.

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It's primarily residential, some of it new construction, some of it older construction.

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But what we're proposing is a three-family dwelling.

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with instead of the commercial space, have an apartment on the first floor with the remaining

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uh have a an apartment on the first floor with the remaining uh two apartments above

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there's already separate utilities of course three waters and three gases three electrics and a common

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area and let me show you the plans one moment okay so here's uh the basements just utilities

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and mechanicals we've got the first floor here which would be a nice size two-bedroom apartment

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with a nice large open living space in the front entering from the corner we got

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