civus
Hearing video

ZBA Hearing - June 30, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 30, 20217h 12m

to meet some of the concerns that the council member has

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about startups not making it.

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Does the board have any questions?

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Yes.

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Yes.

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Do council know when that handicap ramp was installed?

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There's nothing in the archives to determine that.

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It doesn't look new, but I can't say for sure.

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So the answer is no.

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Okay.

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It doesn't look 60 years old either.

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So somewhere in between that time.

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It also doesn't look to have a proper slope for a handicap.

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Right.

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And that, of course, is going to have to be dealt with once we get through the use permit issue.

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Then there's going to be a CO with an inspection, and those matters will have to be addressed before anybody can occupy it.

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Thank you.

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I really disliked suggesting this, but is there any chance of going back, meeting with the community?

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That question was asked the last hearing, and I said yes then, and I'd say yes now.

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I'm just afraid that they felt like, I think they feel like they've heard us once, and that was enough.

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But I'm not going to speak for them.

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Chairman Tenere, no.

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At this point, it would be fair to say that, you know, the community has some grave concerns.

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They are, and they have, you know, even though our office through the state and the state

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representative have reached out to the community, the community has made it undeniably clear.

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I have to respectfully object.

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That's all hearsay.

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No one was there.

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There was no meeting.

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I can't, we don't know how many people they spoke to.

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So that's all hearsay.

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With respect, the meeting was based on outreach by the state representative to the community.

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So if he goes out to the community and speaks to his constituents, who he represents, and

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the response to him is that they have had, they're unwilling to meet.

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I think that is, I think that should be taken with some accuracy.

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That's double hearsay, actually.

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That's double hearsay.

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Is the state representative in the audience?

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I don't know who that state representative is.

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I don't know whether we have.

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That would be representative of Jason Dawkins,

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but I don't think we have anyone from his office,

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anyone from him or anyone from his office.

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He's probably, he may be on the road to Harrisburg.

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I'm not sure, ma'am.

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Okay, I'm sure he is.

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Just to be clear.

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It is with the letter of opposition from the RCO and then hearing that there's an entire block supporting this, but the block is small.

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Yeah.

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I need some help here.

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i madam chair i think i'm offering a nice option which is a temporary uh use variance

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to see if the concerns that some of the neighbors might have and or the state representative have

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or the council person um that my client won't be successful and then the property will be blighted

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I think that could be tested through a temporary variance.

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But I've produced signatures of folks who live on Josephine Street.

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How many?

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That's a half a dozen, I think, on Josephine.

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Another half a dozen from the other side street.

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That's all been submitted.

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I've produced the history of the property that shows unequivocally that this first floor has been commercial.

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um how many have signed the letter of opposition there were seven there were seven people in

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attendance at the z at the rco meeting and all seven if you take a look at the rco uh letter

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and notes all seven voted uh in opposition and again they based their opposition on two items

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parking which doesn't really come into play here because this is a corner grocery store

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and second is that it's always been a single family residence which as we now know the evidence

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proves is untrue so does the board have any more questions uh yes madam chair it's it's the building

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uh yes madam chair it's it's the building seemed to have been built for single family

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Thank you.

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even though it's a corner building thank you

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the buildings used for 60 years was commercial at least that's what the evidence suggests

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yes it was used but it was built as a single family

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i don't know that to be true but what year was the property built

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i don't know that madam chair i i thought perhaps tom no uh mr holland no no i do not know

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i'm just dealing with the architectural of it and the rest of the block

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okay

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the porch is

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built out

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and there's not too many

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ADA ramps in single

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family homes so

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I can't speak to it

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well there are some

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in single family homes

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right

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that would be unusual

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though right

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okay

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Okay, this is confusing because more people are supporting it than are opposed to it.

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Yes.

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But the Councilwoman has grave concerns.

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So, Planning Commission?

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Good morning, Chair Tsunari.

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Ian Hegarty for the Philadelphia City Planning Commission.

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In 2014, the zoning map was changed from CMX 2 to RSA 5 in this area.

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This change was made in accord with recommendations from the comprehensive plan and in consultation

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with the Frankfort CDC and other local civics.

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The last documented commercial use of this property was issued in 1966, and so we don't

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believe that conditions exist that would prevent this building from continuing to be used as

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a residential building.

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um we recommend that the board deny the variance thank you calendar number 0769

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4356 josephine street my vote is no my vote is no my vote is no my vote is no my vote is no

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thank you calendar number i'm sorry madam chair um i'm just asking i was

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did you call yes thank you uh we did have an interpreter but we did not have the applicant

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and number i'm sorry is that the right that's on the regular list for number nine um i'm sorry

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number yes it could be continued here and so that now can be continued yes and if we could

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allow the interpreter to leave the virtual room yes and and the number

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i'm sorry tamaris the interpreter you may leave the room you are excused thank you and

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calendar number one zero nine five three three five five jasper street is continued

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and calendar number 0964 landvale place the owner is mark mistrangelo there are no exhibits

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it's the first listing is there anyone here

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mark you can uh unmute yourself and speak to the case that's my case

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well congratulations mr anastasio can you put your name i thought i was muted i'm sorry

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you put your name and address sorry carol uh verne anastasio a-n-a-s-t-a-s-i-o 1315 walnut

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suite 1006 philadelphia 19107 i did submit uh binders for 3133 land bail i had three cases

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of this week, and all three binders were submitted.

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I will check my records again.

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I have it as new exhibits, but I will check.

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Thank you.

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Thank you.

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Okay, so we'll hold on that and go on to you again.

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Calendar number 0960, 4645 North 5th Street.

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Mr. Anastasio, your name and address.

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Your name and address.

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Hello.

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Vern Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia, 19107.

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You swear affirm, but you're already under oath.

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Do you agree to weigh the reading 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 required documents consisting of proof of ownership,

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tax compliance a copy of the refusal of referral photos and plans of the property five days in

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advance of this hearing and have you met with the rco and do you have a letter yes to all that

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okay when were your exhibits mailed in last week thursday i guess all three

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okay i emailed them to carol rco zba and sharon

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i'm still not finding them mr anastasio not even for this one oh i'm sorry for lanville i was still

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looking okay okay um for the record the rco has submitted a letter of support and councilwoman

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sanchez is in non-opposition that's great proceed oh thank you please permit me to share my screen

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one second here

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Okay, this is 4645 North 5th Street.

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It's commercial property on the first floor on a commercial corridor.

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As you can see, this application is for an ice cream shop, which is appropriate since

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it's the hottest day of the year.

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It is a former commercial space.

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As you can see, there's proof of posting.

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this is just a referral it's not a refusal and we met with the community organization

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they provided a letter of non-opposition because who can be against ice cream here are the plans

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no takeout window no takeout window thank you does the board have any questions

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no no no is there anyone in the virtual audience who would like to testify

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my client is here uh larry heard great can you uh someone call him please larry could you raise your

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hand. You've been allowed to speak, Madam Chair. Hi, Mr. Hurd. Yes. Can you put your name and

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address on the record, spell your last name, and then I'll swear you in. Larry Hurd, H's and Harry,

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E-A-R-D

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7503

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Marie Road, Philadelphia

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PA 19111

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Thank you.

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

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the truth? Yes, I do.

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Thank you. Go ahead,

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Mr. Anastasio. Thank you.

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Mr. Hurd, did you hear my presentation to the board

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this morning? Yes.

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And was it true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your own testimony?

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yes sir thank you i have nothing further madam chair but i am here for questions

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does the board have any questions no is there anyone in the virtual audience other than larry

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madam chair mr mark mastrandolo had his hand raised i will allow him to uh

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okay that's that's a different case that's a different case yeah okay mr snow folks

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has his hand raised up and welcome to speak.

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Good morning again, Madam Chair, ZBA Board, Sloan Folks, Office of Councilwoman Maria

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Quinones Sanchez from 508 City Hall.

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The applicant having met with the coordinating RCO and garnering a letter of support, the

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councilman offers her full support to this various requests.

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Thank you.

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Thank you so much.

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Planning Commission.

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Thank you, Madam Chair, Ian Hegarty for the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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This is a special exception, and the proposed special exception will not cause detrimental impacts to the neighborhood beyond what might normally be expected for this use.

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Therefore, the City Planning Commission recommends that the board grant the special exception.

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therefore the city planning commission recommends that the board grant the special exception

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thank you calendar number 0960 4645 north 5th street my vote is yes my vote is yes my vote is

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yes my vote is yes who could say no to ice cream exactly that's what i said carol especially today

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right i know madam chairwoman there may have been a technical issue uh i just resent the package to

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attorney soletta um i don't know if that helps um um yes i don't believe miss sunkett was able

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to find it either i'll check my um yeah but i just sent it now um the community i don't know

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if that helps i mean the community's all for it hi this is tanya no we did not receive the

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exhibits either okay that confirms that there was a technical issue

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because that's number eight land rail place yeah because all three were sent the same day

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and i uh was sending them all in one email but now i spread them you know one after another

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and i think that that last one did not reach the board but i did in fact just send it over

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to attorney saletta i don't know if that is helpful um again the packer park residents

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association supports um this deck so i don't know if we can mr anastasio according to the email that

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you forwarded it it appeared that you sent it to your to miss dunn your paralegal i don't see

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anything showing us yeah there was definitely a technical snafu there on my end not the boards

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okay i'm going to hear this thank you i would appreciate that do we have tax clearance we have

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everything i'm sorry do you have anything tanya do you have anything um so that was what i was

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stating we have no exhibits therefore our typical procedure and policy in place is to continue the

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case but it's your call chair i just sent it over to sharon i could definitely send it over to rco

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zba as well it's a i know typically you would continue this madam chair but um i've asked

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