civus
Hearing video

ZBA Hearing - December 14, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 14, 20224h 42m

And I believe it's in harmony with what the neighborhood wants because of the overwhelming support.

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With that, I would rest, entertain any questions, and ask my client to adopt my testimony.

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Henry, the remainder of the area, is there other multiple family units?

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I mean, I know this is on the corner, so I understand it.

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But they're on market, are there other multiple family units?

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There are. I wasn't really able to find any from the zoning code, but when you walk up and down the block and look at the mailboxes, there are.

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Okay. Thank you. Could you bring one, Your Honor, please?

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Mr. Levy, can you unmute yourself?

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Could you state your name, please, and spell it for the court reporter?

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Amir Levy.

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A-M-I-R

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last name L-E-V-I

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right

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do you swear or affirm to tell the truth

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the whole truth and nothing but the truth

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I do

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Mr. Levy were you on the call

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when I made the presentation for your project

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yes

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and if you had the opportunity

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to testify would you adopt my testimony

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as your own and as true and correct

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yes

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thank you Mr. Levy

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questions from the board

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on Marcus Street next door to the to the proposed building is that a no that

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is a that's residential mr. Hoffman on the first floor next door yeah the front

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uh on the first floor next door yeah the front uh apparently at one time was commercial but

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uh it's basically living quarters there's no retail or any other uh business operated out of

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that but the other side of the street is considered it's still zone mixed use though right correct

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okay and the other side of the street has one one store you said

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yes

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could be up at the corner right at the corner yeah okay all right um

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question other questions from the board

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questions or comments from the virtual audience

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i see no issue planning commission thank you sir good afternoon david fecto with the city

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Planning Commission. Mr. Chairman and members of the board, the comprehensive plan recommends a

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change in the zoning at this location to commercial mixed use 3. Under the proposed zoning, ground

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floor commercial space would be allowed but not required. The City Planning Commission recommends

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that the board grant the use of variants for not including commercial space. Thank you. MI 2022

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004259

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5427 Market Street

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I vote yes. Thomas Holloman

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my vote is yes.

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Yes

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my vote is yes.

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Okay.

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Thank you Henry.

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Have a great afternoon everyone.

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Okay.

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Number six

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MI 2022

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004358

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742 South A Street. Matthew Lely is Lely is the attorney.

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Hello again, Mr. Chairman. So Matthew, what we'd like to do is if we can,

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would you present for six and eight at the same time? Absolutely. So what we're going to do at

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this time is add to this presentation number eight, MI 2022-004-581-919A Street,

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letter of non-opposition from Bella Vista Neighbors, letter of non-opposition from Councilman

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Squilla, and I believe for both cases, it's the same support, non-opposition. So number one,

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to identify your owner again in the relationship to the properties. Sure. As with my previous case,

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I represent both the previous owner, S&S Properties, and who is the listed applicant,

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and the current owner, Bella 7 LLC. Right. And our board secretary, Ismail Shahid, has a few

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questions. Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate

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to its accuracy? I do with the explanation that for 742 South 8th Street, the refusal lists

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a request for four dwelling units, whereas we are actually requesting three, and a provisal form has

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been submitted specifying that. Okay, thank you. Did you send in all the required documents five

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days in advance to this hearing? I have. Thank you. Please proceed and share your screen. Thank you.

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i believe we do have mr chair yeah mr chair this is hillary uh just a quick note um while we can

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hear them together we will want to vote them separately because there is a request for

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proviso on number six thank you okay thank you um as stated i represent both previous and current

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owners of both properties 742 south 8th street and 919 south 8th street both of these properties

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are here to seek legalization of their existing uses. Both require a variance for their unit count.

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I'll start with 742 South 8th Street. The tax clearance certificate has been submitted.

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I will go to the Notice of Refusal for 742 South 8th Street.

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The refusal is for, again, the refusal lists that we're seeking for dwelling units.

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That should read for three dwelling units.

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Again, the provisal form has been submitted for that.

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For three dwelling units, the zoning code would require 1,080 square feet of lot area.

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or I'm sorry, for three dwelling units, that's correct, 10,000, 1080 square feet. This lot only has 1,054.

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1080 square feet. This lot only has 1054 square feet, which brings us about 26 square feet

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under what is required by the zoning code. We have a letter of non-opposition from the

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Bella Vista Neighbors Association. The proviso form is also provided as stated. This shows the site

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plan for 742 South 8th Street. Again, it occupies the entire lot, the four-story building.

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The first floor contains one unit that is 627 square feet, which is, yeah, the second floor

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contains a unit that's 639 square feet, and then the third and fourth floor contain a bi-level unit

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that's 653 square feet again it's not that the apartments are too small or anything it's just

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that the lot area is slightly too small this shows the front door again of 742 south 8th street

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some pictures of the unit every unit has its own kitchen its own bedroom its own bathroom

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again this building was in this condition when it was purchased in 1998 by the previous owner

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this shows some of the surrounding there is a larger multi-family apartment building

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next to the or a couple doors down from this property there's a commercial restaurant on

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the other side of the property that you can see there it's in the Bella Vista neighborhood which

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of course has a good mix of single family and multi-family housing and commercial spaces

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the orange posters were posted um we did like i said meet with the bella vista rco and they

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uh voted to support the project there were really were no issues with this variance request

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And with that, I will move on to 919 South 8th Street.

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So 919 South 8th Street. Again, we have the tax clearance.

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We have the refusal.

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This refusal is for a four unit building where two is allowed by the zoning code for four units.

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Yes, the lot would have to be 1,440 square feet to comply with the zoning code, whereas our lot is 953 square feet.

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We did meet twice with the Bella Vista Neighbors Association.

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With the first meeting, we learned that there were some trash issues with the property.

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it appears that during the turnover in ownership there was some confusion among the tenants or

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essentially the neighbors brought it to our attention that there was trash left outside

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the building you know we don't know whether this was neighbors dumping outside the building or

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whether it's tenants who have it's been the same tenants in the building since before the new

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management company took over. But the current owners took this situation very seriously. They

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developed a trash plan. They've informed all the tenants that trash is not to go out until

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after 7 p.m. the night before collection day. They've informed tenants that any trash violations

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by L&I would be, it would go to the tenants themselves. They've been, they've hired, or they

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have an in-house maintenance person who has been driving by the property to make sure that no trash

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is being left out and who is removing any trash that is outside. And we have entered into a

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neighbors agreement with the next door property owner to memorialize the trash plan. We went back

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to the Bella Vista's Neighbors Association to share the plan and to update the community.

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At that meeting, the neighbors, it was the same neighbors came back. They reported that the trash

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issue has been much improved, that there really hasn't been any trash left outside the property

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since the previous meeting, and they did vote unanimously to support our variance request.

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Excuse me.

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Matthew, could you cover for me that there was four units in this building since the 90s, too?

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Could you cover that?

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That's correct.

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This building as well had four units when it was purchased.

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This building was purchased by the previous owner in 2003, and when it was purchased,

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And when it was purchased, it was in exactly the same form that it is now.

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it was in exactly the same form that it is now.

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obviously some

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Obviously, some minor cosmetic work, but nothing structural to change the unit counts.

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We can go to the floor plans.

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You can see this is the condition that the property was in when it was purchased.

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It's the condition that the property is in now and the condition that it will stay in.

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The first floor has two units.

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um the second floor has has two bi-level units

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excuse me leading to a total of four units again these units the bi-level units are very generous

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sizes above a thousand square feet the first floor units are a little smaller there's a studio

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that's 368 square feet and another one bedroom that's 525 square feet as with all the other

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properties. Each unit has its own bedroom, its own bathroom, its own kitchen. These were the

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conditions that the property was in when it was purchased. But we see a photo of this. I don't

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think we saw a photo of this yet. Yeah, I'm sorry about that. Let's scroll through.

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Okay, so we have the first four units here.

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there was some packing and moving during the time the pictures were taken so some of them are

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a little messy but they're well cared for um the tenants have

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been in the building for some time there's not a lot of turnover among the tenants

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this is a built picture of the outside of the property on the corner here okay it does reach

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back to the second doorway one of the units on the first floor does have its own separate entrance

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actually i believe it's the front unit that has its own separate entrance and the

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entrance for the other three units are in this door on the side here okay

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just another view this is again it's the same door and some view of the surrounding properties

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again it's a mix of single family and multi-family why don't we have your testimony adopted and why

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don't we if you would bring Allison in she's already been sworn if I remember correctly right

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yes Allison Hinman Harvey if you can please raise your hand

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yes Allison just for the record state your name Allison Hinman Harvey do you know his thought

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that's fine and counsel could you have her refer to both properties yes Allison did you hear my

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statements about 742 South 8th Street and 919 South 8th Street? Yes. Are the statements true

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and correct regarding both properties? Yes. And do you adopt them as your own testimony? Yes.

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Thank you. So questions from the board for both properties? No, Mr. Chairman, Mr. Chairman.

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Anyone in the virtual audience with questions on both properties?

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chair we have harry cook okay hi mr chairman harry could you state your name and spell for

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the court reporter please sure harry cook h-a-r-r-y c-o-o-k anastasio law right you

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swear affirm tell the truth the whole truth nothing but the truth i do sir proceed uh thank

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you mr chair i just want to um uh confirm the representations regarding the near neighbor

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agreement that an applicant entered into with my clients, Greg Elliott and Erica

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who are the owners of 921 South 18th Street, and would like to be able to submit that,

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supplement the record with the executed agreement upon all counterparts being in receipt.

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Hillary, is that okay?

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um i i think that if if um mr liley is okay with that um then i think we can be okay with that

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okay yes my clients have signed it and we're awaiting mr cook's clients my clients do not

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my clients are not in opposition as a result and they are here if you want them on the record

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no we're fine we're fine we don't need them on the record but thank you mr cook thank you thank

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you, sir. Anyone else in the virtual audience? I see no issue. Planning Commission, could you

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look at both properties for us, please? Absolutely, sir. Thank you. David Fecto,

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City Planning Commission. Mr. Chairman, I'm going to give you slightly different testimony for each

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one since the application is different. Okay. So for 742 South 8th Street, the comprehensive plan

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recommends no change to the residential multifamily zoning at this location.

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The dimensional variance required for the third dwelling unit is minor.

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the dimensional variance required for the third dwelling unit is minor granting the variance would

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Granting the variance would be

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meet the spirit of the zoning code and so the city planning commission recommends the board grant the

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variance for the third unit thank you so for 919 south 8th street the comprehensive plan recommends

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no change to the residential multi-family zoning at this location in 1991 the zoning board granted

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a variance for a third dwelling unit the the fourth unit appears to have been built without benefit of

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permits through no fault of the applicant. The City Planning Commission recommends the board

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grant the dimensional variance. Thank you very much. Thank you. So number six, I'll do first,

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MI 2022, 004-358-742 South A Street. I vote yes with proviso, maximum three units.

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Thomas Holloman, my vote is yes with proviso. James Snell, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes for Proviso.

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Thank you.

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And number eight, MI 2022-004-581-919 South A Street, I vote yes.

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Thomas Holloman, I vote yes.

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James Snell, I vote yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Thank you.

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And thank you, counsel.

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Number seven, MI-2022-001-810, 2036-38 South 3rd Street.

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Jared Klein is the attorney.

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Letter of opposition from Pennsport Civic Association and letter of opposition from Council Member Squilla.

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Good afternoon, Mr. Chair, members of the board.

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Jared Klein, J-A-R-E-D-K-L-E-I-N, from Bindrome, 130 North 18th Street, Philadelphia.

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Right.

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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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