civus
Hearing video

ZBA Hearing - July 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 7, 20214h 54m

I've got to excuse myself for 30 seconds.

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Somebody's at my door.

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Okay, Frank, take your time.

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Excuse me, Frank, it is only the RCO letter that needs to be read, not the second letter.

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Sharon, he stepped away for a minute.

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Sorry.

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Are we ready to go, Tanya?

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Yes, Frank, we're ready when you are.

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Thank you again.

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Good morning, everyone.

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My name is Frank DiCicco.

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I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our board secretary,

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Secretary, Mr. Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James

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Snell. Board Administrator Yvette Benton and our board attorney, Ms. Sharon Saletta, are

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also in attendance. For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to individual participants prior to their testimony. Second, we'd like to advise

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everyone that this proceeding is being recorded and that by participating you acknowledge your

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agreement to be recorded and that the recording will be available to the public on the web or

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otherwise excuse me okay we can continue third for anyone participating by phone if you wish

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to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself. I'll

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repeat that. For anyone participating by phone, if you wish to testify, you must raise your hand

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by hitting star 9 and then star 6 to unmute yourself. Finally, to enter an appearance

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statement, call Google 267-270-5548 and leave your email address and the address of the property

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at issue. I'll repeat that. To enter an appearance statement, call Google 267-270-5548 and leave your

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email address and the address of the property at issue. I would also like to advise everyone,

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please do not attempt to testify in the chat. Any comments should be directed to our board

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Administrator Ms. Yvette Benton. With that, I will proceed to read into the record cases for 930 that have been requested to be continued.

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We continue. Number two on our list, MI 2021-001108, 2500 Wilmot, WILMOT Street.

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number six on our list mi 2020-002790 4515 east thompson street number seven mi 2020-001

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2 2 2 5 9 0 9 elmwood avenue number nine on our list mi 2021-002-759-6324 newton avenue

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i would ask if anyone has any disagreement with the continuance cases i just read into the record

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to please raise your hand at this time only if you have a concern for the cases that have just

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been read in to be continued. Chair we have Craig Melodosian with his hand up. Mr. Melodosian you

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can unmute yourself and speak. Good morning Chairman DeChico. Please identify yourselves by

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your full name and I'll swear you in. Craig Melodosian, C-R-A-I-G, M-E-L-I-D-O-S-I-A-N.

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M-E-L-I-D-O-S-I-A-N.

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I'm the coordinating RCO, Ward 40 Republican RCO, P.O. Box 333-55-ZIP-19142.

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For him to tell the truth, the whole truth, nothing but the truth?

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I do.

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You're calling about Elmwood Avenue.

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Yes, Chairman DiCicco.

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This has been the second continuance on this matter.

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Spoken with counsel.

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we would again request a dismissal as there's been no community meeting and no effort on the

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part of the applicant to comply this has been a problem property and we'll try to work with the

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commerce hired commercial corridor manager to see how we can help the operator and the owner

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thank you for your test excuse me this is Sharon in Mr. Bones letter on this he asked for a

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continuance or dismissal because he has been unable to reach his client right i just okay

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i'm gonna we'll vote on dismissing i just want to make sure there's anyone else on this case

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having seen seen none mi 2020-001-222-5909 elmwood avenue my vote is to dismiss

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Dismissed.

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Dismissed.

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Thank you, Mr. Melodosian.

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Now, at this time, I want to entertain any requests for continuances or withdrawals for the 930 list.

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Chair, we have Shoshana Bricklin.

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Ms. Bricklin, you can unmute yourself and speak.

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Good morning, Mr. Chairman.

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Shoshana Brickling, do you need me to spell my name or anything?

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Yes.

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Yes.

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First and last name, Shoshana.

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S-H-O-S-H-A-N-A.

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The last name is B-R-I-C-K-L-I-N.

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This is a request for-

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You swear a firm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you.

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I am here representing the application for the property, 7037 Ogons Avenue, which is for the applicant.

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It's a request for a continuance.

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They had the applicant and the RCO had a meeting last week.

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They still have issues to work out and would, therefore, the applicant would like to have a continuance to see if this can be resolved.

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Excuse me.

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This is Sharon.

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this is number 12 on your list first listing no exhibits right is there anyone any objection to

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this case being continued if so please raise your hand i'm sorry chair i was going to just make sure

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that this is the attorney of record for the case yes i think i did i did i did register as such

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you also have another case you hear one i believe the number correct

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All right. Without any objection, MI 2021-001-115. 7037 Ogons Avenue is continued.

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Any other requests for continuances or withdrawals?

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For the 930 list, please raise your hand.

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I see no other hands at this time, Chair.

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Thank you. That will begin with our case list. I believe Mr. Mulvihill has an appointment, another case to be heard in City Hall or wherever. I'm sorry. So we're going to go to number five first, case number MI 2021-001193, 3509 Clearfield Street.

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We can recognize Mr. Mulvihill. There's also a letter of support from the RCO.

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Chair, he's coming back in as a panelist now.

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Thank you.

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good morning chairman members of the board leo mulvihill m-u-l-v-i-h-i-l-l address 315 green

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street first floor philadelphia pennsylvania 19123 thank you swear for him to tell the truth the

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whole truth nothing about the truth i do thank you sir please proceed thank you good afternoon

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sir mulvihill yes you agree to wait the reading of its refusal and stipulate to its accuracy i do

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

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tax compliance copy of the refusal or referral photos and plans five days prior to this hearing

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yes i have thank you have you met with the rco and have a letter yes please proceed all right

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so good morning members of the board again leo moldahill on behalf of tracy bricale

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3509 west clearfield street what we're here for today members of the board is

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3509 West Clearfield Street. What we're here for today, members of the board, is the application

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for an addition to an existing structure. Right now, what we currently have is a two-family

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dwelling on this parcel with a garage. What we'd like to do is add an addition above the garage

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and renovate the garage so that we have an additional two dwelling units. It's going to be

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for use as a studio, essentially, by my client, and her mother is going to live in the property

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as well what i'm showing on on the page right now for the entire board to see is the

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zoning packet that i prepared in this matter the refusal appeal and project information

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form on page one area zoning map is at page eight deed is at nine tax clearance at 13 our zoning

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notification is at 14 our rco letter of support it's at 18 photos of the property are at 19 and

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plans are 53. We received refusals for having some non-conforming structures which are already

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existing, multiple principal buildings which are already existing, roof deck setback, we'll show

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you about that in a second, but this is actually completely contained within the parcel, and

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multi-family household living in the RSA 5 lot. What I'm showing now on page 8 is the actual

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parcel at issue we can kind of see it's a little oddly shaped towards the bottom at clearfield

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street there is a gate there's a driveway where there's interior car parking garage is located

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up to the left here the existing two family two-story dwelling is located off to the right

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and we can see that in the bottom photo here page eight ridge avenue runs directly to the

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west. And this is our parcel with the driveway curb cut right here. You can see the cars that

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are parked off the street. So parking ought not be an issue for this case. This is my client's deed.

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This is my client's tax compliance information showing there's no outstanding balance due.

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Here is our notice of community meeting that was sent.

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along with our proof and the actual rah civic association flyer that was included within

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here's our proof of mailing showing that we sent out 85 pieces of mail and they were sent out on

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march 26 page 18 of my packet letter dated june 24 we had vote 28 in favor to against for this

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proposal i'm just going to show you now some photos of the property this was taken from google maps

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but I do have actual photos that I took myself.

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This is the property itself.

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You can see it's set back from the street.

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This is the driveway I was discussing.

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Off to the right is the existing two-story,

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two-family dwelling.

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Off to the left is the one-story garage

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for which we seek to build that addition.

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These are the zoning signs that were posted on the property.

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And this is again, looking into the interior of the parcel,

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the existing two-family dwelling.

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You can see the meters there for it,

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the additional meter for the garage.

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This is looking out into the street, and then this is looking westbound on Clearfield,

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north back into the property, then rotating eastbound on Clearfield.

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So we have a parking lot directly across the street, which is attendant to an existing structure.

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These are interior photos of the property with the existing two-family dwelling.

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Just cycling through those members of the board.

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This is the interior of the garage as it currently exists, which we're seeking to renovate and

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build that addition on top.

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And here are our plans.

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So members of the board, this is the existing two-story dwelling.

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This is the existing one-car garage that we seek to add that addition to with the deck

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the front of it to allow for some exterior space for the upstairs unit.

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Here's the site plan showing we were able to fit three cars off the lot,

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which we're seeking to have legalized as well.

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This is the existing two-family dwelling. This is the existing one-story garage.

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And now moving to the final page of my packet, page 54.

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This is just the interior layout as designed by the architect.

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What we have here, if we go to the unit one of the existing structure, which is off to the right,

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if you are to come in through that main gate area that I showed earlier, you'd come in with an

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existing living dining room. You have utilities and laundry, existing bathroom, existing kitchen,

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existing bedroom with a nice size walk-in closet. To the front of the building, you'd come upstairs

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to get into unit number two. And this is all already existing as well. Two bedrooms, one bath,

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existing kitchen area, existing laundry area. This is the proposed redevelopment that we're

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redevelopment that we're looking to do for that garage. So this is the existing driveway. We're

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looking to do for that garage. So this is the existing driveway.

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proposing to have this be an open hallway area with the sitting area, a laundry area. This

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kitchenette downstairs is for use by my client's mother, who's a little bit older. So we're going

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to have this on ground floor. We have a handicapped accessible bathroom. So this is all going to be

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easily accessible. And this flex space back here is going to be for use by my client so that she's

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able to not just do work in this building but also make sure that she can take care of her mother as

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well going up the stairs we're into that second unit above we have a front balcony that we're

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proposing which we did receive that refusal for but we're set back so far from the street it's

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not going to interfere with anyone's light air enjoyment of their properties large bedroom closet

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bathroom laundry kitchen and dining area to the rear as i stated before members of the board these

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are existing structures we're seeking to add in addition to. It does have four units overall,

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but due to the size, the lot, the location, and the community support, we would humbly ask that

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this board grant my client's request for variances in this matter to be allowed to have this

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essential unsuite, in-law suite or mother suite, frankly, for purposes of this zoning hearing.

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Tracey, are you on the line today? If you are, please raise your hand.

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And you'll be unmuted.

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Your client has been unmuted, Mr. Mulvihill.

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She can speak.

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Great.

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Tracy, please state your name.

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Tracy, state your name, spell your last name for the record, and give your address, please.

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Tracy Bercali, B-R-A-C-A-L-E, 3509 West Clearfield Street, Philadelphia, PA, 19132.

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Ma'am, do you swear for them to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you, Mr. Mulvihill.

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Yes. Now, Tracy, you currently live at the property?

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Correct.

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Okay. And which unit do you live in?

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I live in the first floor, one bedroom.

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Okay. So that would be this unit that I indicated would be in the existing structure off to the bottom right?

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Correct.

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Now, with respect to my discussion as what you're looking to do in the garage that you have right now, did I accurately describe it?

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Absolutely. Perfect.

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Is there anything you'd like to add at this time?

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uh no i just um everything looks good and uh the in-law suite like he said uh my mom is almost 75

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and she will be moving in with me uh once it's completed all right thank you members of the

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board uh tracy i have no other questions for you any questions sorry any questions from the board

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

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hand i see no other hands chair thank you planning commission good morning members of the board

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david effecto f-e-c-t-e-a-u with the city planning commission

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

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Yes, sir, I do.

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Thank you.

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