civus
Hearing video

ZBA Hearing - July 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20213h 38m

Good afternoon. David Fecteau, F-E-C-T-E-A-U with the City Planning Commission.

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Do you swear I'm to tell the whole truth and nothing but the truth?

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Yes, I certainly do.

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You may proceed.

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Thank you. Madam Chair, members of the Board, the Comprehensive Plan recommends this property for single-family zoning.

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We believe that the applicant has shown that the proposed daycare and play structures will not alter the single-family character of the block.

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We recommend that the Board grant the requested variances.

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Thank you.

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Calendar number 1686-1212-20 Marlboro Street.

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My vote is yes.

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Professor Plaza, my vote is yes.

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James Snell, my vote is yes.

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thomas holloman my vote is yes thank you sure thank you calendar number 1624-1605-07

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north 4th street the attorney is alan knockamson

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mr snell i said you were joining later but i see you're here now so mr snell is now participating

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Thank you.

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Madam Chair, Ms. Clementa Amazon has been promoted to panelist.

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Thank you.

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Samazon, can you put your name on the record and your address?

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Spell your last name.

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Yes, of course.

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We have to stand by Chair Quentin Amazon, C-L-E-M-E-N-T-A, last name A-M-A-Z-A-N,

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address is 123 south broad street suite 1600 19109 you swear or firm to tell the whole truth

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and nothing but the truth i do do you agree to waive the reading of the refusal and stipulate

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to its accuracy i do have you emailed the exhibit packet with proof of ownership tax compliance

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refusal referral photos and or plans five days in advance of this hearing and have you met with

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the RCO and do you have a letter? Yes and we actually have a letter of support. Okay and I

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show that South Kensington Community Partners has submitted a letter of support along with

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Councilwoman Sanchez has sent a letter in non-opposition. You may present. Thank you I'm

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just going to share my screen. Yes. Can everyone see my screen? Yes. Perfect. So again, my name

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is Glenda Amazon. I'll be presenting 1605-07 North 4th Street. This is a very straightforward

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project. Currently, there is an existing garage, and we're looking to do a three-story addition.

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My client plans on moving in with his family and using it as his home.

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So during my presentation, I will go through the deed, certificate of tax clearance, the notice of refusal, the application for appeal, maps of the area, photographs of the property, our proposed plans and drawings.

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And as I mentioned earlier, we also have a letter of support from South Kensington Community Partners.

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So here we have the deed to the property. My client actually inherited the property from his father.

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what is your client's name Tyrese Hayes okay

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a certificate of tax clearance

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our certificate of tax clearance, and the notice of refusal. So as I mentioned before,

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the property is zoned as single-family. We are maintaining the single-family use. There is

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currently an existing garage, so we have a refusal as a result of that because we want to maintain

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that garage and build on top of it. And then we have refusals for the height as well as the open

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area. We have an application for appeal. Again, the refusal, the project information form.

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Map of the area. Again, the property zone is single-family. We're maintaining single-family

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use. Here's a view of the front of the property. As you can see here, it does have the garage that

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we are maintaining. View to the right of the property on North 4th Street. View to the left

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the property on north fourth street and here we have our proposed plans and drawings this is the

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rendering that you saw in the cover page we were very excited about this because we were able to

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incorporate some of the feedback that we received during the community meeting for example changing

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the doors and leveling them out the proposed floor plans that we have here so we have the garage

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the living room dining room and kitchen on the second floor and then the third and fourth floor

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would have bedrooms and the fourth floor is the master suite and as i mentioned we do have a lot

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of support from the community we met with them on may 26th they were very excited about this project

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and the reuse of the project of the structure excuse me our notice of our notice of refusal

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and the notice we sent out to the community on may 12th for the community meeting that we had

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scheduled for May 26th at 6 30 p.m. and that notice was sent out to 114 properties in total

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our certificate of mailing and with that I will be happy to answer any questions that the board

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may have does the board have any questions no no Tom you're echoing but I know you said

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No, you have no questions. Is there anyone in the virtual audience who would like to testify?

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I'm sorry, Madam Vice Chair, but I could also just have my client, is that my testimony?

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Absolutely.

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His name is Tyrese Haynes, he should be in the audience.

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I would ask that he raise his virtual hand.

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Oh, I'm sorry. I'm sorry.

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Tyrese, can you put your name and address on the record and spell your last name?

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My name is Tyrese Hayes, H-A-Y-E-S, and my address is 1605-04.

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

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Yes, ma'am.

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Okay.

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Thank you.

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I'm sorry, did you hear my presentation today?

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yes and was it shown correct yes ma'am and would you adopt it as your own testimony

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yes ma'am thank you planning commission good afternoon david vecto city planning commission

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madam chair members of the board the comprehensive plan recommends this property for single family

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use we believe the applicant has demonstrated sufficient hardship and that the requested

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height is de minimis accordingly we recommend that the board grant the requested variances

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thank you calendar number 1624-1605-07 north 4th street my vote is yes

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tessa plaza my vote is yes james snell my vote is yes thomas holliman my vote is yes

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thank you it's a beautiful house beautiful it truly is we're excited about it i'm jealous

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as am i calendar number 1634-2333 germantown avenue the attorney is alan knockamson or is

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that you clementa amazon i'll let alan take this one on okay

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name and address and spell your last name please

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Alan?

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Yes.

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Okay.

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Name and address.

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Spell your last name and I'll swear you in.

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Alan Nockamson.

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Nockamson.

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N is Nancy O-C-H-U-M-S-O-N.

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123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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

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I do.

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Do you agree to wait the reading of the refusal and stipulate to its accuracy?

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I do.

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I do. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refuse?

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photos or plans of the property five days in advance of this hearing? And have you met with

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the RCO? And do you have a letter? Yes, in all respects. And we actually have a letter of

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support from the coordinating RCO. We have a letter from the 37th Ward RCO, which is a letter

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of support. You may proceed. All right. May I share my screen? Sure you may. All right. So I'm

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here to present 2333 Germantown Ave. This is a CMX2 property. We're looking to put four residential

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units in this property. Ultimately, we're allowed to have four units as CMX2. We're just trying to

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swap out the commercial unit with the residential unit. In terms of our, let me just make this a

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little smaller. You'll see our table of contents. We'll go over the deed, the certificate of tax

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clearance, notice of refusal, application for appeal, maps of the area, photographs of the

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property, as well as the surrounding area, the plans and drawings, as well as the letter of

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support from the 37th Board Executive Democratic Committee. With me also, who will adopt my

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testimony, is Furkan Kozar, who is the owner of the property. As you can see, it's Turtle

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International Incorporated. Mr. Kozar is the principal member of that company.

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certificate of tax clearance you'll see that you know we paid the balance due for 2021 and then

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the refusal again we're a cmx2 property we're looking to put four residential units that is

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our first refusal we're merely trying to swap out the commercial unit with the residential unit

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the second refusal has to do with the open air requirements as you you'll see this is in a

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regularly shaped lot. If this was a lot that was squared off, we would be able to meet those

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requirements. And then the third refusal has to do with the rear yard depth. Nine feet is required.

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We actually have nine feet, one inches on one side, and unfortunately, two feet, one inch on

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the other because of the irregular shape of the lot. Again, if this was a regular shaped lot,

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we would be able to comply with that as well. Our application for appeal to the ZBA for this

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matter along with the notice of refusal in the project information form maps of the area again

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we are on germantown avenue between 8th street and 7th street and between dauphin and york this

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is cmx2 but there is a mix between residential and straight residential and a mix of commercial

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and residential but you'll see the regular shaped lot that if we were squared off we would be able

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to comply with those requirements photographs of the property this is a vacant lot

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pictures to the right of the property from germantown to left of the property

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from germantown and then our plans and drawings

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again as you can see we're nine feet one inches in the rear on this side but only two feet one

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inches from the other side and that's where we get our refusal again if we were squared off here

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we would be able to comply with the code and then our floor plans

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you walk through the vestibule you go into the first floor it's three bedrooms three baths

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with flex in the in the basement you go up a flight of steps the second and third floors

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really second third and fourth floors all have three bedrooms three baths all uh approximately

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1250 square feet the the amount of bedrooms was actually attractive to the community the community

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felt like this gave a possibility for people to um that we can rent to who are families rather

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than single individuals or just couples and again just a rendering again of the front of our

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property brick facade no bay windows lots of light and air and then most importantly our letter of

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support where we receive overwhelming uh support from the community with regard to that this project

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with that being said i'm open to uh field any questions the board may have does the board have

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any questions no no no is there anyone in the virtual audience who has questions

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i see no hands madam chair okay you can call firkin kosar yes mr kosar can you virtually

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raise your hand

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oh I

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Oh, I believe actually another member from the organization, Gazi Adaseven, will be appearing on behalf of the company.

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Okay.

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Hi, everyone. Yes, my name is Gazi Adaseven.

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Thank you. Can you spell your last name?

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Adaseven, A-T-A-S-E-V-E-N.

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

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Absolutely, I do.

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Thank you. Mr. Nockamson. Yes. Mr. Addison, you heard everything I stated today.

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Yes. And is it true and correct? Yes. And do you adopt it as your own testimony? Yes. Thank you.

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Madam Chair, can we just ask that the individual who just spoke state his spelling for his first

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name as well, please. Okay. Ghazi, can you spell your first name? G-A-Z-I.

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G-A-Z-I. Thank you. Welcome. Planning Commission. Good afternoon. David Vecto,

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City Planning Commission, Madam Chair, members of the board. The comprehensive plan recommends

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this property for, let me revise that, for commercial mixed use. This is an 1,860 square

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foot lot. There is nothing unique that would prevent the applicant from complying with the

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rear yard and open space requirements. However, as most of the commercial storefronts in the block

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have changed primarily to residential, we recommend that the board grant the variance

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for ground floor residential use, but not the variances for rear yard and open space.

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calendar number one six three four

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2333 germantown avenue my vote is yes

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professor plaza my vote is yes

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james snell my vote is yes

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thomas halliman my vote is yes

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thank you

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calendar number one six seven eight

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twenty six twenty eight martha street

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the attorney is joe consul

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Ms. Sunkit?

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Yes, Madam Chair.

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Should I be announcing myself also at the vote?

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Yes, Madam Chair, if you will.

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Okay, thanks.

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Hello, can you put your name and address on the record and spell your last name, please?

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Yeah, sure. Joseph Consul, Consul Madison, 1 West 3rd Street, Suite 204, Media PA 19063. How's everybody doing?

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Everybody's great. Hopefully you are too. Do you swear if I'm to tell the whole truth and nothing about the truth?

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I do.

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Do you agree to waive the reigning of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with the required documents, consisting of proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of the hearing?

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

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Yes, we sent everything. The RCO letter came through yesterday, and that was sent over yesterday.

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Okay, and do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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You may proceed.

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Joe Consul again. I'm here on 2628 Martha Street. It is a lease for Unit 2B. It's a 973 square foot space. Is my zoning packet on screen? Just wanted to confirm.

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Yes. All right. The tenant is Rachel Beam. She's the owner of ThatBeamGirl LLC. It is a body art studio. She has been practicing as a body artist by herself. She apprenticed. She's been doing it for three and a half years now by herself. Here's some of her work.

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she plans to use that space as an appointment only tattoo and body art studio

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external we have refusals for body art

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that's the space right there uh she's going to be appointment only she anticipates having one

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a day uh i believe five days a week and um we met with the rco and we got a letter of support

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which, as I said, was sent last night. She has a lease for two years, and she anticipates being

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there much longer. That's really it. I could call Rachel to adopt my testimony. If you'd like to.

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Rachel?

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Rachel?

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Rachel I'm here can you hear me yes can you put your name and address on the record please and

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then I'll swear you in yes my name is Rachel Beam R-A-C-H-E-L Beam B as in boy E-H-M as in Michael

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my current address is 890 South Matlack Street apartment 409 Westchester Pennsylvania

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Do you swear or affirm to tell the whole truth

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