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Hearing video

ZBA Hearing - November 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 10, 20216h 2m

I mean, that's typically what we do, wait for the letter.

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I mean, if there was a meeting, there can be a vote on it without the letter.

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Just if there's not a meeting without the hold for the letter.

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The meeting was at the hold for the letter.

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Okay.

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Okay.

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I understand.

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So there came.

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So there can be a vote.

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Okay, thank you.

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All right.

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Am I 20, 21?

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I'm sorry, Chair.

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This is always sorry.

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We do have the council person's rep, Mary Jones, available, if you would like her to speak.

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Yeah, yeah.

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I didn't hear anybody else.

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That's why I moved on.

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Okay, please.

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Thank you, Chair.

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Ms. Jones, please identify yourself and I'll swear you in.

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Yes.

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Good morning.

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uh mary jones um representing council president daryl clark city hall room 494

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or firm to tell the truth the whole truth nothing but the truth

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i do thank you um the the main thing i wanted to just uh interject is that you know our office is

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in receipt of the letter it was dated i let me just see if i have the note but at any rate it

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was it was sent to the rcozba mailbox and it was well in advance of the hearing um and

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i just wanted to confirm that on the record that's a person does the councilman have a

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position on this he does not have a position on this case thank you mi 2021-002605 129

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North Mole Street. My vote is no.

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Confessor Plaza, my vote is no.

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James Snell, my vote is no.

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Thomas Howland, my vote is no.

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All right, we're going to move on to case number eight.

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another case from mr anastasio mi 2021-002 606 27 north 58th street 27 north 58th street

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achievability i believe is the rco but my records indicate we've not yet received the letter

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mr anastasio please identify yourself you're still under oath

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Thank you, Vern Anastasio, 1315 Walnut Suite, 1006 Philadelphia, 19107.

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This is an application for two-family household living.

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My client purchased this property in 2020, and the history of this property is, in fact, two families.

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as you can see here with my cursor going back decades 1958 the property was recently renovated

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prior to my client purchasing it it has of course the multiple electric meters with the two furnaces

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and two water heaters you have plans of the property with the porch living kitchen bath

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and two bedrooms and then we've got unfinished basement where you saw all the multiple

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electric and gas and water and then you've got the living kitchen and two baths

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On the second floor, we did, in fact, meet with the RCO, and Achievability did send a letter of support, and that should have been received by the board.

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It was sent quite a while ago.

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with that i'm going to have my client uh raise his hand

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mr battle menage battle that's mr battle you are now unmuted you can wait for the chair

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mr battle yes

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can you can you hear me yep mr mr chairman yes should mr battle put his name on the record

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Yes, please.

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Spell your first and last name, sir.

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M-A-N-I-J, last name Battle, B-A-T-T-L-E.

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

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I do.

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i do thank you mr thank you mr battle did you hear my presentation to the board this morning

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Thank you, Mr. Anastasia.

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Thank you.

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Mr. Battle, did you hear my presentation to the...

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yes is it true and accurate to the best of your knowledge yes and you adopted as your own testimony

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yes are you aware of the property's history dating back to the 50s as i explained being

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a two-family dwelling yes and are you aware of the letter that was penned september 16th of this year

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by achievability where in fact they are supporting 27 north 58th street philadelphia in its zoning

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variance application were you aware of the community support yes thank you i have no

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further questions thank you any questions from the board no mr chairman no no anyone else like

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to testify in this case if so please raise your hand

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no hands at this time chair thank you planning commission thank you mr chair ian hegarty for

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the philadelphia city planning commission comprehensive plan recommends no change to the

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existing rsa 5 single family use at this location however the proposed use is consistent with

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documented previous uses on this property as council has shown city planning commission would

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recommend that the board grant this variance. Thank you. MI 2021-002-606, 27 North 58th Street,

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my vote is yes. Confessor Plaza, my vote is yes. James Snell, my vote is yes. Thomas Holliman,

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my vote is yes. Thank you, Paul. Mr. Chairman, before I excuse myself,

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there is a case on your list

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I'm not quite sure what number it is

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it's 1938 North 24th Street

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after the morning list

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the 930 list

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1938 North 24th

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yes it's a continuance

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very well I just wanted to confirm

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that it was in fact being continued

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thank you

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and again thank you for the uh thank you for the accommodation this morning and good luck i hope

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things turn out well for you i'm sure they will thank you bye now uh okay we now go back to the

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uh add-on list uh carol are you there

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yes i am adam vice chair uh i'm not participating in the second case so you'll have to read that off

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Okay. Here I am. Okay. Calendar number MI-2021-003248, 1201 West Gerrard Avenue. Appeal denied.

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Professor Plaza, appeal denied. James Snell, appeal denied.

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Thomas Harriman appeal granted. Okay, thank you. We'll now go to case number three on the add on

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MI 2021-003-376 1718 Fairmount Avenue.

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um this is carol carol was not present this was heard on october the 27th of 2021

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uh i have a letter that i will be reading into the record from the uh

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city uh hold on one second let me get my facts right here this is the right one

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uh submitted the city has submitted written testimony of the examiner

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relating to this case i will read that letter into the record

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uh into the record okay affidavit of palouse isaac p-a-l-u-o-s-e last name i-s-a-a-c and i'm

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pronouncing the name wrong i apologize letter regis follows i palouse isaac being duly sworn

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hereby state the following to my knowledge and belief. I serve as a Building Plans Examiner

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Engineer 1 for the City of Philadelphia's Department of License and Inspection. I am

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fully familiar with the facts set forth below and the statement contained herein is based on my

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expertise, personal knowledge, information, and or belief. I'll be viewed in my capacity as a plan

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reviewer zoning permit application z as in zebra paul p as in paul 2021-004593

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dash zero zero four five nine three the application underwent a thorough review

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under the zoning code and relevant city regulations the issued permit was properly

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issued and the city stands by this issuance per the zba's order on october 27th of 2021

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the City reassessed whether Section 14-305-6-G of the Zoning Code applies to permanent application.

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The City maintains that Section 14-305, Section 6, Section G does not apply to the application.

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Furthermore, the city would like to make clear that Section 14-305, Section 6, Section G does not prohibit the expansion of gross floor area in an existing nonconforming structure on CMX2 Neighborhood Commercial Mixed Use 2.

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section 14-3056 clearly contemplates and allows the expansion of non-conforming structures

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it supports city policy to allow for the adaptive reuse of non-conforming structures

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the city also determined that the one-year rule does not apply to this the application

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this application because the permit may be granted as a by-right permit.

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The permit was properly issued and the ZBA should deny the appeal.

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Signed, Palouse-Isaic, Department of License and Inspection, City of Philadelphia.

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My vote is to deny the appeal.

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Confessor Plaza, appeal denied.

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James Snell, appeal, deny.

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Thomas Holloman, appeal, deny.

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Ms. Denary?

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Am I voting on this?

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Oh, I'm sorry.

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I missed that one.

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You're right.

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You're right.

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Okay, move on to the next case.

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number 4 MI 2021-003450, 4003 Filbert Street. This case was heard on November the 2nd.

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West Palnton Saunders Park RCO sent a letter of opposition. We're voting on it today,

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following uh review of revised plans held for revised plans and reform of plans

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um my vote is yes with revised plan one page approved today carol tenere my vote is yes

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confessor plaza yes with proviso james snell yes with proviso thomas holliman yes with proviso

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Okay the following case is MI 2020-010184 1631 South 52nd Street. Mr. Mulvihill represents the

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applicant. David Feynman and Josh Horvitz for Protestants. Leonard Reuter for the city.

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um this is a resumption hearing carol was not present this original hearing was september the

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21st of 2021 pidc and commerce oppose we were waiting for a letter and councilwoman gautier

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sent a letter of non-opposition uh i believe i covered all the opening statements is there

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Anything I left out, Melissa?

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You're muted.

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Good morning, Chairman, members of the board.

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We haven't left anything out.

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Who's up first, Mr. Mobile or?

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One moment, Chairman, I'm trying to get my video to start.

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It's being a little .

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This is David Primeman.

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And my understanding is that Mr. Mulvihill...

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David, David, before you go any further, please spell your name and I'll swear you in.

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S. David, F-I-N-E-M-A-N.

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

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I do.

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Thank you, David. Please proceed.

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My understanding is that Mr. Mulvihill had arrested his case.

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And we were at a point where we might cross-examine any of his witnesses.

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cross-examine any of his witnesses. At this point, we ordered the notes of testimony

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At this point, we ordered the note to test

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in the prior hearing, and we have... Excuse me again, David. Someone has another device on.

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We're getting some feedback. Maybe we can ask everyone to mute themselves except for Mr. Feynman.

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Everyone can mute themselves except for Mr. Feynman and myself, I guess. Okay, please proceed.

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So my understanding is that I was at a point where I would cross-examine any of those witnesses.

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We ordered the notes of testimony from the prior hearing, and at this point, I have no questions of any of his witnesses and would like to proceed with my case if I can.

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Any objections to that, Mr. Mulvievell?

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No, my only statement would be that I reserve the right to call witnesses and rebuttal if necessary.

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understood um so before we get started let me swear the other folks in

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mr horvitz please spell your name and i'll swear you in

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it's j-o-s-h uh h-o-r-v-i-t-z um and

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we're going to affirm to tell the truth the whole truth nothing but the truth

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i do thank you mr reuter

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can i proceed mr chairman

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Hold on.

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I just want to get Mr. Reuter to be sworn in.

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Good morning, members of the board.

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Leonard F. Reuter, R-E-U-T-E-R,

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senior attorney for the city of Philadelphia.

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I'm here basically because PIDC and I believe also...

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Leonard, just before you go,

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do you swear for him to tell the truth, the whole truth,

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nothing but the truth?

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Yes.

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So I'm just here because PIDC sent in a letter in opposition

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and they're a corporation that's owned by the city of philadelphia so i'm basically just just

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here to establish our presence and at the hearing i don't have any questions of any of the applicants

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witnesses and i don't plan on calling any witnesses myself i'm just really here to

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to make sure that we're on the record thank you okay mr feinman chair excuse me this is the court

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reporter. Was Mr. Mulvihill sworn in? You know what? You read my mind. I wasn't sure if I did

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swear him in, but thank you. Mr. Mulvihill, spell your name and I'll swear you in. Thank you, John.

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Certainly. It's Leo Mulvihill, M-U-L-D as in Victor, I-H-I-L-L. Address 315 Green Street,

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first floor, Philadelphia 19123. On behalf of the applicant.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth.

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I do. Thank you. Thank you, Mr. Kelly. Please proceed, Mr. Feynman.

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David, make sure to unmute yourself.

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David, you're still muted. I think I'm good now. You're good now.

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Mr. Chairman and members of the board, I'm accompanied by Ronald Dissenbaum, who's the CEO

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of D.C. Humphrey's Cover Sports. I'm going to summarize our case and at some point ask him

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if he adopts that testimony. I think it'll take us a little bit further and quicker. I'm also

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accompanied by John DiBenedetto, who's an architect, and we'll explain why we have to

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call him during my presentation um our our client has a business which actually if you remember

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mr chairman you looked at photos and said is there an operating business uh adjoining the the

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property and uh what mr what we've put up now on the board is i believe exhibit three of exhibit

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six, exhibit six of our presentation. So what you can see there is 5000 Paschal Avenue and 5102

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