civus
Hearing video

ZBA Hearing - July 7, 2021

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

and the address of the property at issue i'll repeat to enter an appearance statement call

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google 267-270-5548 and leave your email address and the address of the property at issue

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i would also like to remind everyone please do not attempt to testify in the chat

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any comments or questions should be directed to our board administrator miss yvette benton

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uh thank you for that with that we will begin with the three the 330 list the following case

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is being requested to be continued number one on our list mi 2021 dash zero zero one one one

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one one nine one seven denny street d-e-n-n-i-e street request for continuance and there's also

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a third party request for continuance for mi 2020 that's zero zero three eight four seven three

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zero east allegheny avenue allegheny avenue that is a third party request by councilwoman

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Maria Sanchez any uh anyone disagree with the request for those continuances please raise your

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hand at this time if you disagree with the two continuance requests that have been been issued

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have been put on the record by me please raise your hand chair we have Joseph Vaccaro with his

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hand up Mr. Vaccaro you can unmute yourself and speak now good afternoon uh Mr. Chico

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chairman of the board uh attorney joe vaccaro on behalf of the applicant i would actually

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mr vaccaro please identify spell your full name yes thank you joseph j-o-s-e-p-h vaccaro

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v-a-c-c-a-r-o address 5918 torresdale avenue philadelphia 19135 and i'm the attorney for

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the applicant and i would remind you you're still under oath from earlier thank you thank you i would

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actually join in that request so that so that we could meet with the community and and get the

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posters etc etc thank you very much thank you so my 2020-000384-730 East Allegheny Avenue is

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continued any other requests at this time for continuance or withdrawals

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chair we have tina marie russell with her hand up ms russell you can unmute yourself and speak now

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hi i'm representing ms russell please spell your full name and i'll swear you in

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tina marie russell t-i-n-a-m-a-r-i-e-r-u-s-s-e-l-a

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you swear affirm to tell the truth the whole truth nothing but the truth

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I will. Thank you. Please proceed. Okay, so I'm calling on behalf of Logan Community Enterprise Center for asking for continuance for 4917 North 13th Street. There was a, it was, somehow got lost in the sauce. It went to the wrong RCO that wasn't in the district.

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Okay, well, why don't we do this, Ms. Russell, not to interrupt you. You're a third-party request, so we'll have to hear from the attorney and or his client. Okay, so just hang in there for a moment, all right?

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Okay, Vern and Charles, come to me.

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Mr. Anastasio, please identify yourself with a record and I swear you win.

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Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut, Suite 1006 Philadelphia, 19107.

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

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Yes, sir.

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Thank you.

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You've heard there's a request on behalf of one of the RCOs.

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Yes, I spoke to my client.

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I have to respectfully object.

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on the 29th of March, my paralegal, Heather Dunn, sent an email to Mr. Dan Coates and everyone else

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involved on the list that the Planning Commission sent us, including but not limited to Mr. Charles

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Richardson requesting a hearing, a meeting with the RCO. Mr. Coates did not reply. No one else on

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Mr. Coates did not reply. No one else on that list replied except for the 35th Ward Town Watch,

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that list replied except for

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at which time the 35th Ward Town Watch offered to put us on their agenda.

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We accepted. We did a flyer. It was for May 20th. We mailed the flyer through Vista.

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we mailed it to 90 individual homes people attended we presented our case

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now do we have a letter from that RCO for a position absolutely not but based on everything

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that went on and transpired at that meeting folks didn't have a problem with it because

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this property has always historically been a two-family dwelling surrounded by multi-family

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dwellings. That set aside, I understand issues with RCOs can happen, especially during a health

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crisis. Some folks are better equipped to host meetings than others, but my client should not

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be prejudiced because we follow the rules here. We did exactly what we were supposed to do.

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Only one RCO replied, and we went with the RCO that asked us to attend.

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Who's the coordinating RCO?

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uh logan oh they they did not respond no mr dan coats did not but mr bryce did under the 35th

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ward and somehow he's also associated with the logan organization i don't necessarily know how

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it's all intertwined apparently it's a little bit more complicated than it needs to be

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but uh we met our burden mr chair all right we can go ahead with we'll hear the case and then

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we'll make a decision as to hold it for a letter or whatever let's wait till we get to the case

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all right all right anyone else requesting a continuance or withdrawal

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chair we have charles richardson with his hand up

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mr richardson you can unmute yourself and speak the richardson good afternoon please identify

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yourself and i'll swear you in good afternoon mr chair charles richardson from the office of

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councilwoman cindy bass room 312 city hall uh spent a firm to tell the truth the whole truth

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nothing but the truth i do thank you spent the last yeah we just spent the last half an hour

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trying to unravel uh what was going on with the with with the case that mr anastasio and miss uh

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miss uh russell were referring to uh there are two logan civic associations over there one is

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the Logan Civic Association proper, and the other is Logan Enterprise Council. The coordinating RCO

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that was assigned at that time was Logan Enterprise, and they actually have a bad email

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address to an individual that does not actually handle the RCO process. Ms. Tina Marie Russell

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handles the process. And she was never notified, unfortunately, because of the fact that, you know,

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they had reached out to the wrong individual and that's not their fault at all. Mr. Eric Bryce

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with the Logan Civic, which is the one that Mr. Anastasio keeps referring to as the 35th,

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but that's just his email address. He responded, even though the Logan Civic Association at the

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time was not accepting cases, to my knowledge, because of the fact that COVID was going on. So

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this meeting took place without our knowledge. We had no knowledge that it took place. And we

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actually just I just spoke to his associate, Charlene Samuels, who sent me finally the report.

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And I also forwarded to Mr. Anastasio now that he has it, the meeting summary and everything that

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shows that they were opposed to the granting of the variants. So now we have something that we

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can go on. So we can move forward with this, but I just needed to put forward the actual situation

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that had taken place so that there was a total transparency with regard to the situation.

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The three of us were racking heads for the last half an hour trying to figure out what happened.

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and now finally got some clarity on that.

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So correct me if I'm wrong,

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your position is to move forward with the hearing.

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They can move forward with it

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because we now have a correspondence from the RCO, right.

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And although you guys don't have it,

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I don't think at this point,

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but I can forward it to Sharon or whomever

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and then you'll have a copy of that as well.

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let's well when we get to the case we're here and we'll make a decision as the next steps

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thank you all right anyone else requesting a continuance or withdrawal please raise your hand

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All right. Anyone else requesting a continuance or withdrawal, please raise your hand.

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There are no hands at this time, Chair.

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Thank you. We'll go to case number two on the list, MI 2021-001107, 2102 St. Vincent Street.

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There are no exhibits, and this is the first listing. Is there anyone there for 2102 St. Vincent Street?

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No hands, Chair.

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QMI 2021-001107, 2102 St. Vincent Street is continued.

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Next case, number three, MI 2021, that's 001114, 3628 Wharton Street.

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There's a letter of support from the Tasker Morris Neighborhood Association.

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I see no hands, Chair.

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Frank, there's no deed, no tax clearances.

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Jennifer, are you here?

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I thought, I think Karen said that it was submitted earlier today.

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I think I understand.

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Yes, it was submitted at the last minute.

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It was submitted.

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Those documents were submitted.

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Is there anyone here for 3628 Wharton Street?

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Yes.

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Jennifer Nugent, are you here to present your case?

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Please raise your hand.

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She just put her hand up.

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Okay.

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She's been promoted to panelists.

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Good afternoon, ma'am.

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Please spell your full name and I'll swear you in.

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You have to unmute yourself, ma'am.

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Jennifer?

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Unmute yourself, please.

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There you go.

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Please spell your full name.

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My first name, Jennifer.

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My last name, Nguyen, N-G-U-Y-E-N.

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How are you doing?

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I'm well. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

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Yes.

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Okay ma'am, please proceed.

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Tell us what it is you're asking this board to approve.

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Yes, I told you I live 2510 I'm in on land now. I just try to want to build the house over here

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and then too much traffic back and forth do i want to go back to south philly

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um excuse me ma'am do you have anything you could show us exhibits you can show us

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on your computer show us the plan is it a single is it a single family home

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how many how many families one family one family dwelling do you have any pictures or diagrams of

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what you're proposing to build yes my engineer sent to you everything i'm happy to okay

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her engineer email everything but um she'll share it to you right now

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are you able to share that on the computer with us she's we're trying right now

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okay

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while we're waiting for that maybe i'll go a little out of order it's unusual the planning

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commission do you have a copy of the plan in front of you we do not oh ron you're gonna have

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to i have to swear you in ron please let that okay yes do you see that yeah okay all right

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hold off ron yeah could you make that a little bit larger please

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that's good that's good you just had it good thank you all right just please proceed let's see

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unanimous support do you have any diagrams pictures yeah let's try to share it right now

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Thank you.

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Thank you.

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the young lady who's helping miss Nugent um oh here you go you had something now okay

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if you can enlarge that that would be helpful sure and ma'am since it seems like you're going

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to be the one to be answering questions could you please identify yourself in the record and

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i swear you in yes um my first name is memories and last name no one i am jennifer no one sister

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you spell your name m-e-m-o-r-i-e-s

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last name no one same as jennifer m-g-u-y-e-n you swear from to tell the truth the whole truth

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nothing about the truth yes so jennifer is supposed to be the one speaking but obviously

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she is having some technical issues so um could you answer what the height of that building will

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be 55 feet six inches that's to the top of the pilot house I think

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what what blow are you talking about the roof line the roof line

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I think it's 35.

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35?

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Yeah.

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Hi.

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Could you make out anything on that?

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It looks like 37.6.

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Okay. That's to the roof line. Then we got the pilot house to deal with. Okay.

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Yeah. 30, 30, 37, 37, home six.

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That's the pilot. Correct. Okay. All right. So, all right.

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And it's a single family home, correct? Yes.

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One family. All right. I don't know.

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Does the board need to see anything else? I'm not trying to rush it.

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no i'm okay i'm okay all right um is there anyone else out there who would like to testify

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in this case please raise your hand

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i see no hands at this time chair thank you planning commission ronda swear you

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ron bednar that's r-o-n last name bednar b-e-d-n-a-r you swear for him to tell the truth

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the whole truth nothing but the truth yes thank you ron please proceed uh the property is indicated

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for residential use on the city plan we recommend that the request advance be granted thank you

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mi 2021-001114 3628 wharton street my vote is yes my vote is yes my vote is yes my vote is yes

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Okay, Ms. Nugent, everything was approved. Welcome back to South Philadelphia. Next case, MI 2021, that's 001104-4917 North 13th Street. Mr. Anastasio, you've already been sworn in. Mr. Plaza will have some questions for you.

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Mr. Anastasio, you agree to waive the reading of his refusal and stipulate to its accuracy?

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in fact that he's coming back in as a panelist now oh okay thank you

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yes sir mr anastasia you agree to wake the reading of its refusal and stipulate to the

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attackers i do and have you emailed an exhibit packet with the required documents proof of

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ownership proof of tech compliance copy of the refusal over for photos and plans five days prior

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to this hearing i did and have you met with the rco and have a letter um yes

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And have you met with the RCO and have a letter?

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Yes.

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Thank you.

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Please proceed.

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Thank you.

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I'm going to share my screen if that's okay.

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Okay.

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This is the flyer for the subject property where we did, in fact, attend an RCO meeting

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on May 10th, 2021.

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We mailed out to 90 separate households.

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We have tax clearance.

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I also want to show you some history of the property went from a one-family to a two-family

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one-family to a two-family right here you have proof that it's a two-family history

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again a two-family. I want to go over, just for one second, let's go to page eight.

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as you can see this is a semi-detached property it has physically two front doors one on the left

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side of the property one on the right side of the property and these are not recently installed

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one door takes the visitor up to the top floors the door on the right takes the visitor to the

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first floor for one apartment. This wasn't recently done. This has been like this for

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literal decades, and there's clear evidence of entrance. Two entrances is evidence of two

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separate units. I also want to take you to page nine. That's the front. See the two doors with

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