civus
Hearing video

ZBA Hearing - August 6, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 6, 20255h 46m

here just

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that's fine good thank you

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thank you everybody

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you can listen on the phone

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alright and you'll

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hear the vote 2 o'clock

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yep yep two o'clock yep right all right thank you everybody

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all right mi 2024 007 313 5826 north howard street gabriel fellis is the attorney

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You

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There should become a vacant letter, but we understand there was an email from the RCO

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about this.

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I'm muted myself there, sorry.

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There's also a petition with 11 signatures from neighbors.

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do we see council's hand

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please state your name and spell for the stenographer

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it's gabriel fellis g-a-b-r-i-e-l

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last name is fellis f as in frank e-l-l-u-s

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as in sam you swear or affirm to tell the truth told truth nothing but the truth

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I do. Could you identify your client, a relationship to the property?

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My client is Mr. Finchley Etienne. He's the owner at 5826 North Howard Street.

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And our board member Graham has a question for you.

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Good afternoon. Have you submitted your documents five days in advance of this hearing?

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Yes. And do you waive the reading of the refusal and stipulate to its accuracy?

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Yes. Okay. Thank you. You may share your screen and proceed.

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do you all see the table of contents we do great thank you mr chair uh we're here today seeking a

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variance uh for use of the property as a two-family dwelling in a rsa 5 zoning district

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after purchasing the property in june 2024 my client was frankly unaware of the zoning process

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he was required to go through uh to convert the home into multi-family dwelling um he reached out

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to a contractor who told him he could just do the work without any city approval or permits

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and started the construction process just a few weeks after obtaining the title.

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He only realized the issue once he received a violation in September. He immediately

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directed the contractor to stop the work and then reached out to our office to try to resolve those

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violations. But since then, he's been extremely proactive and engaging with local community to

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get their support, address their concerns, which we'll get to a little bit later in the presentation.

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but here's our refusal issued in november again the property is owned rsa 5

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so the refusal was for use as a two-family dwelling

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so this here is the deed showing mr etienne's ownership of the property of the purchasing it

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in june of 2024.

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so this is the front of the property which will remain unchanged and in character with

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rest of the properties on the block again all the intended work was going to be interior renovations

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and change in interior layouts so here we have some interior filters of the property

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in the condition that it's been in since mr etienne received the violation of the notice

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at that point the first floor renovations were complete

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and his contractor was about 90 finished with the second story unit reservations

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are the tenants already in the building no they're not they they stopped work uh just

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after they got the violations so it's essentially in halfway completion right now okay uh so these

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are site plans the proposal is for a two-story structure with two residential units each with

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two bedrooms um the basement is going to be exclusively used as a mechanical room and storage

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area

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when you when you go back gabriel go back and if you would enlarge it so they can actually see

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the plans absolutely kind of small look at absolutely let me know if these are better take

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up take it up find it you can see it better on your end yep great

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this is the uh i forgot to include an aerial shot showing the the garage from the rear

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i don't think we saw the sec could we see the second floor absolutely

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It will be right here.

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Load up.

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Can you guys see it?

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Okay, great.

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just let me know when to stop okay

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I'll move on to our zoning maps unless you guys want to see any more details.

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else we have any actual proposed drawings are they all tomorrow plan yeah these are all the

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plans that we have right now unfortunately okay okay and so this is our zoning map um again it's

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rsa5 and a very densely populated rsa5 zoning uh block um however there is heavy precedent of other

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RSA 5 properties in the immediate area that are being used as multifamily dwellings and have been

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issued rental licenses. We include a few here demonstrating the appraisal is not entirely out

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of character with the neighborhood. This is our application for appeal and our project information

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information form as you mentioned Mr. chair we have our petitions of support and this

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is the notification letter that we sent out to neighbors of the April 14th meeting at

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the search playground along with certificates of mailing uh maybe I saw the the back street

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that you showed how about howard street how many multiple families on howard street on howard i

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don't i don't believe there are any multi-families being used at least that went through the zoning

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process on howard street okay um but the uh april 14th uh in-person rco meeting i was extremely

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well attended there were probably over 50 members of the local community there in attendance along

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along with representatives from the Sheriff's Department and other local organizations.

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As you mentioned, we had a little bit of an issue after that meeting.

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Isaac Jackson, I believe he was serving as sort of the interim RCO chair at the time.

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He informed us that all attendees were in favor, but unfortunately, after multiple attempts

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at follow-up, we never heard back from him.

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um we documented those requests those repeated requests here um and now we're we just became

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aware in the past week that atlas now says that there's no rcos found out the address

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um so hopefully we're just asking the board to kind of consider the email confirmation

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and a strong turnout as evidence of that community support

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um so we have here our statement of real estate tax compliance and our zba posters of notification

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that were hung at the property um so with that i'd like to bring mr etienne on to adopt my testimony

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uh answer any questions go back one minute so you're saying the rco told you we're not sending

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a letter they didn't say we're not sending a letter they said the day after that all attendees

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were in favor and they'll send me a summary or the letter soon but uh we followed up almost every

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three weeks from april 14th until last week and we just never heard back from uh the rca chair

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um again I'm not really sure who to reach out to this point because atlas now says that there's

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no RCOs associated with the property okay that's what we have we see here

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bring your client on please yes when did you say when did your client buy this property

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June of 24, so last year.

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And it wasn't a duplex then?

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No.

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He decided to make it a duplex?

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Correct, yeah.

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He moved to the city in 2019.

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He grew up abroad.

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I just don't think he was aware of the zoning process in general.

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And a contractor told him he didn't have to do anything.

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And he could just do the work immediately.

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And they started weeks after purchasing the property.

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All right.

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Questions for them.

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Bring your client on first.

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He has just joined.

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Hi, Finchley. How are you?

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Hi, sir. Could you please state your name and spell for the stenographer?

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My name is Finchley Etienne. Finchley, F-E-E-N-C-H-L-A-Y-E-T-N-E-T-I-E-N-N-E.

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

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Yes, sir.

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Please proceed, counsel.

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Mr. Etienne, have you heard my testimony today?

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Yes, Mr. Gabriel.

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Is it true and correct to the best of your knowledge?

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Yes, Mr. Gabriel.

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And would you adopt it as if it were your own?

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yes okay and any questions questions from the board what what did what uh did your next

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any questions questions on the board what what did what uh did your next door neighbors

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are they in the support or no yes my two next one neighbor it's 58 um 24 and 58 28 they are in support

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and i got i got their signature over here with me and these are the plans that you've submitted this

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is this look like okay so there's i'm just trying to understand your plan for the second floor unit

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uh where's the living room for the second floor unit um the second floor used to be um a three

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bedroom unit um i removed one bedroom and to do the living room and keep um two bedrooms

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centimeter.

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So that

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kitchen is a living

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room and kitchen? Yes.

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That doesn't quite work.

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All right. Can you

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go back and show the picture of the house?

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The front of the house?

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Okay. Is that the

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address? Is that the house?

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I think it's across the street.

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No.

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is that the front of your house no okay this is the wrong house i thought so um 58 26 correct

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yes 58 26 the odd side of the street yes i'm so sorry about that the one with the door

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um gabriel can you show the one with the appeal on the door is the house

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yes this one you can't see the whole house though yes picture but that's a different

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type of house the houses are are two-story and the porches and the the roof lines are totally

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different from the ones across the street yes i'm so sorry about that i can definitely provide

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different pictures all right any other questions from the board

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questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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i do not see any hands mr chair

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um questions or comments from the planning commission thank you chairman and good

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afternoon david effecto with the city planning commission chairman of board members the

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comprehensive plan recommends no change to the rsa5 residential single family zoning at this

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location the city rezoned this neighborhood in 1974 and a council supported map change in 2005

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the city issued a rental license for one dwelling unit for this property this is a primarily single

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family block face there is no unique physical condition or circumstance of this property

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we're prevented from being used in strict conformity with the zoning code the city

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planning commission recommends that the board deny the proposed use variants for two dwelling units

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thank you um mi 2024 007 313 5826 north albert street i vote no michael johnson my vote is no

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cheryl gaston my vote is no tannetta graham my vote is no i am mcadams my vote is no

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i am wayne my vote is no thank you council thank you

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MI-2025-001-797-1034-Shackamackson Street.

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Eric Bodesen is the attorney.

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I'll be coming back in as a panelist shortly, Mr. Chair.

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Thank you.

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it looks like there was an error you should be coming back in shortly

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good afternoon mr chair i apologize i was logged out of the zoom okay um could you please state

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your name and spell for the yes of course eric bodson uh b-o-d-z-i-n a blank row right do you

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

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swear or affirm to tell the truth, the whole truth

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and nothing but the truth? Yes, I do.

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Yes, I do.

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Could you identify your client, a relationship to this property?

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Absolutely.

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My client is Shackamaxon Street Partners, LLC, and its principal, Scott Sperry, who is the owner of the subject property.

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Our board member, Tenetna Graham, has a few questions for you.

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Yes.

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Good afternoon.

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Have you submitted your documents five days in advance of this hearing?

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Good afternoon.

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Yes, I have.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Okay, thank you. You may share your screen and proceed.

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Thank you so much.

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Mr. Chair, does my screen appear on yours?

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Yes, it is.

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Wonderful. Well, thank you so much, Mr. Chair, members of the board,

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Eric Bodson, on behalf of Shackamax and Street Partners, LLC,

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and Principal Scott Sperry. Scott Sperry is the owner of the subject property at 1034

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Shackamaxon Street. Scott and his family also live on Shackamaxon Street, just a block away

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from the subject property, which they acquired about two years ago. Since that time, Scott,

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who was already a very active member of the Fishtown community, has walked door to door,

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reviewing with his neighbors the specifics of this proposal to replace three aging single-family

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homes, and the result I am pleased to share has been extensive support from the Fishtown Neighbors

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Association, including a unanimous vote of support from near neighbors, a project support letter

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signed by 40 neighbors within a single block of the project, and additional support letters from

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neighbors unable to join today. And I understand that the F&A president, Bob Everett, and other

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neighbors are also in the virtual audience today here with us to speak briefly as to the

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collaborative design of this project. And to Scott, who, as a devoted Fishtown neighbor,

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best described in one of the support letters in your package is, quote,

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that guy who picks up the litter on the sidewalk after the trash trucks come by because it's the

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right thing to do. So the proposal that Scott plans to redevelop is here at the corner of

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Shackamaxon and Wildey Streets in the Fishtown neighborhood of the city. The subject property

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