civus
Hearing video

ZBA Hearing - July 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20216h 15m

Yeah, I mean, just for context, Mr. Chairman, Miss Dubois lives across the street.

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And we had actually a telephone conference with her and the councilwoman yesterday,

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and she expressed all the concerns about her daycare and about the water damage and everything.

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and that's not related to my client and the next door neighbor is miss cowens she also was on the

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call and she had complained about a gate her gate was damaged and my client went out and and fixed

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that so i just don't want you know different issues to get uh mixed up so mr vote lives

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across the street not adjacent that's my understanding yes but this is also a neighborhood

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Yeah, I understood, Mr. Wood.

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Just hang in there.

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I want to see.

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Show us a picture of the posting.

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Yeah, I had them in here, so.

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There's one.

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There's the close-up.

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There's the other one.

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There's the other one on the other street.

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so i think they're close to the front property line is that accurate yes i mean that's what i

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told my client to do and you know we sent out the mailings and we have the certification of

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mailings we met several times with east mount airy with well-attended meeting so when when we

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were asked by charles richardson to participate in a call yesterday we obviously did it uh we

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gave Ms. Cowens the owner gave Ms. Cowens her cell number I gave her my personal cell number

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but I was going to ask you to do that okay you already did that okay so and the contractor

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will have a contact number and to advise people when when work will be being performed absolutely

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all right is Mr. Richardson on the call

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yes chair please unmute yourself Mr. Richardson Richardson you're still under oath but just

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identify yourself again please actually you have to swear me in because this will be my first time

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today well I have I I'm I confuse you with folks I apologize we laugh about that often I know all

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so give us your full name and I'll swear you one Charles Richardson from the office of

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Councilwoman Cindy Bass, room 312 City Hall.

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Thank you, Swearer, for I'm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you.

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Please proceed.

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We're kind of surprised with that testimony that just took place because yesterday afternoon,

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as Mr. Clinton did mention, the Councilwoman did hold a Zoom meeting that included Ms. Cowens,

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the developer, Mr. Clinton, the zoning chair of Eastman Area Neighbors, Jeff Hayes,

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and several of our staff members.

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She received everybody's, as he said,

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she received everyone's personal cell phone numbers

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for her to call if she had any questions or concerns.

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We do know that the neighbors did receive letters.

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They were mailed at the end of May.

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And actually with Ms. Cowens herself,

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Actually, with Ms. Cowens herself, who is the resident at 126 East Filalina, did send us a text message copy of the letter that she had received from the developers regarding the two meetings that took place on June the 8th and the RCO meeting that took place on June the 22nd.

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who is the resident at 120...

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Unfortunately, she did not make that meeting, and it appears that a lot of the folks did not make it either, but they were notified.

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The councilwoman at this point is going to go no opposition on this.

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The RCO meeting did take place.

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There were 20 people in attendance.

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Nine that were in support and one near neighbor was in support.

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Three of the other attendees were not opposed and one near neighbor was not opposed.

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only one uh person opposed the uh who happened to be present that was not a near neighbor either

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um she supports you're you're comfortable and your office is comfortable with uh

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understanding that there was proper notification yes sir okay thank you uh

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i think i asked her right i'll ask any questions from the board no no anyone else to testify

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Here we have Jeffrey Hayes. Please unmute yourself and wait for this.

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Afternoon, sir. Please identify yourself with the record and I'll swear you in.

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Yeah, this is Jeffrey Hayes, J-E-F-F-E-R-Y-H-A-Y-E-S.

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Can you swear I'm firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you. Please proceed.

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Yeah. I'm chair of the Furry Spanary Neighbors, and I want to express my apology that some of the people on the call did not attend our meetings.

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I do agree with Charles Richardson that we sent out mailed invitations to over 100 near neighbors.

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uh for we have we it's our policy to have two meetings we have a community meeting that's you

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know just a non-binding um informational meeting where um our committee can get to know the project

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and neighbors can um participate and understand a little bit better what's happening and then

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two weeks after that we have our voting meeting and uh so those meetings were held and i i'm sorry

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that more people weren't able to attend but you know we we did send the letters and and i think

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the receipts are there so there were two opportunities to be a part of this um i would

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like to um i just wanted to to sort of read into the record or make sure the record did reflect

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that we did ask for five provisos i realized that not all these are under the um controlled

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zoning board i do appreciate that the 32 foot height reduction is part of the

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of the decisions it will be a part of the decision today

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and i'd also just like to make sure that the other items the the changes in materials the street tree

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the rear yard becoming green space and clarification on the side yard part of that being green space

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as well that those are all um we have verbal agreement from the owner to to provide those

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things and and hearing henry clinton's um agreement on that as well but i just wanted to to put out

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there for us that those things are important and they were agreed to and that is part of why

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this project got the support that it did um at the rcme thank you thank you for your testimony

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Thank you.

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You're welcome.

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Anyone else?

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Yes, Chair, we have Ms. Tomlin Corbin, please unmute yourself and please wait for the-

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Good evening, ma'am.

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Please identify yourself with the record.

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

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Ms. Tomlin Corbin

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please unmute yourself

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Chair we have one more person

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William and Darlene McMillan

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please unmute yourself and wait for the

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evening good folks please identify

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yourself spell your full name and I'll

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swear you in

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my name is William

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McMillan that's M-C

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capital M-I-L-L-A-N

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I have my wife Darlene McMillan

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I have my wife, Darlene Macmillan, as well with me.

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as well with me

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do you swear or affirm to tell the truth

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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, I do.

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Yes, we do.

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Please proceed.

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Okay.

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This property at 128, I did not see that notice, along with a letter that was sent to us concerning this construction.

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There's not presently a home there, and the space between the houses, it seems kind of

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that there would be none when the property is constructed. Not only that, but many of the issues

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that Ms. DeVoe had mentioned, especially with the architecture of the home and the way

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our homes are constructed it just looks like a monstrosity in the middle of our block we

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generally have homes and the ones that were constructed previously were so much higher

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than ours till it makes our architecture look wrong for this area so my concern is that space

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between them and the um the construction part of it it's not architecturally sound with the

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with what we have on this block

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thank you anyone else uh yes with the not just the architecture but i'm sorry who's speaking

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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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Please proceed.

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Okay.

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With the homes that have been built here, our street has been torn up for three years.

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I'm handicapped and I use a walker.

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and I couldn't park my car on my side of the street, which made a dangerous bus crossing the

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street. This particular block has been dangerous for everybody, pedestrian and car, for so long.

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I don't understand the thoughts of the contractors when they decided to do this.

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is there a start and a finish time or is it allowed to go on for three or four years like

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these past constructions? More than likely the contractor, the owner of the property will want

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to get this to build as soon as possible. It doesn't make sense monetarily for them to wait.

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okay mr chairman henry clinton i i agree with that uh if we have a

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decision today in our favor my client will immediately apply for building permits which

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will take uh 30 to 45 days and then uh she will proceed i mean there's no underpinning here there's

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no basements that's the other thing that we tried to do so that the miss cowan's home would not be

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disturbed other than you know a three and a half foot to four foot foundation um so yeah my clients

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she she's ready to go understood okay thank you um planning commission

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uh ron bednar city planning

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these properties uh both are indicated for residential use on the city plan

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And we recommend that the requested variances for both properties be permitted.

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Thank you.

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MI 2021-001-256-128 East Phil Alina Street.

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My vote is yes with the proviso.

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Maximum height, 32 feet.

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And one page, Mr. Chairman.

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And one page, yeah, I'm sorry.

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Revised plan, one page approved today.

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Thank you.

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My vote is yes with proviso.

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Yes, with Proviso.

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Yes, with Proviso.

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Yes, with Proviso.

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MI 2021-001-257-141 East Springer Street.

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My vote is yes, with the Proviso.

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Maximum height 32 feet.

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Revised plan, one page approved today.

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My vote is yes, with Proviso.

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Yes, with Proviso.

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Yes, with Proviso.

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Yes, with Proviso.

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Thank you.

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uh and carol and the rest of the board i think i may have mentioned i i have to leave now at

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five it's 5 30 i apologize apologize for being rude earlier but i'm getting old i guess anyway

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thank you everyone for your cooperation and support everyone take care great job frank

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i'm comfortable using first names too yeah have a nice evening calendar number 1434

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Calendar number 1434-2232 West Estelle Street.

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2232 West

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Hopefully I pronounced it properly.

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We're looking for Clarence Dupree.

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Madam Vice Chair.

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Yes.

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i do believe that that case was withdrawn okay if we if we can move on to the next one and i

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will confirm momentarily thank you calendar number one two four five thirty two eighteen

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denfield place the attorney is sean whalen

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hi mr whalen can you put your name and address on the record and spell your last name

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Certainly. Thank you, Ms. Tenere. Sean, S-E-A-N, Whalen, W-H-A-L-E-N, Vintage Law, 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19003.

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Thank you. 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 waive the reading of the refusal and stipulate to its accuracy?

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see. I agree to waive the reading. I believe one of the refusals is incorrect, but it's immaterial

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to the variance we asked for today. So I'm willing to move on with it. Okay. Have you emailed the

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exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and or

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

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have a letter? Yes, yes, and yes. Okay, you may proceed. Thank you very much. And for any of the

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board members. I understand sometimes we slip, so I will not be offended if anyone uses my first

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name. And I apologize if I do likewise for any of you. So I am here on behalf of On Point

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Development LLC, and I will be sharing my screen. Hopefully you can see right now a Google aerial

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view. Here's the property 3218 Denfield Place. It's right in between South 18th Street and South

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20th Street. Way down in South Philly, you can see Chickie and Pete's down here to kind of give you

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an understanding of where we are. Geary Street comes in right here, curves down, and this is

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actually Denfield Place. It's a continuation from up there, and then curves into Hussleman.

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Um, so the project that we're talking about today is, again, this is just sort of an aerial view to give you a layout.

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This is, uh, we are requesting a single-family home, and, uh, this is in just a, you know, a full C of single-family homes.

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So, contextually, we're, we're in the league.

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Um, this, again, this is Geary Street, where it turns into Denfield, and then turns into Lusselman.

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We're talking about this one, 3218, which is right at the corner.

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You can see here there's a long line, and basically the whole neighborhood was all built together.

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All of these homes on Denfeld and all of these homes on Hussleman range between approximately 1,800 and 1,900 square feet per lot.

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They're all roughly the same size, built at roughly the same time.

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And then, you know, the decision was made by whoever the developer was at the time that the two houses at the corner, instead of figuring out how to round that corner, this house right here on Hussleman would take a large triangular or trapezoidal parcel, and so would my client's parcel at 3218.

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You can see here's an existing home. There's a large pool and actually quite a large single family or single family, sorry, single story edition can tell it's the end of the afternoon for all of us.

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A single story edition right there, right behind us. And you'll see that in a minute has been approved.

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and this is actually an older aerial photo from the city's websites, there are five new buildings

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