civus
Hearing video

ZBA Hearing - March 29, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 29, 20233h 52m

Okay. Our clients circulated petitions to the near neighbors, and we have 17 of the near neighbors

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who have signed the petition. As you see in the petition, we explained to the neighbors that

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quite a number of the homes that are on that block are already multifamily.

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One of them is actually a vacant lot that was purchased by a neighboring owner from the city through the vacant property program, and that lot is deed restricted to remain an open green space.

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So the majority of the buildings on this block are no longer in compliance with the single-family zoning.

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These are the 17 petitions in favor.

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This is the letter of non-opposition from Cops Creek Neighbors.

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We had the community meeting back in February 6th,

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and there were no neighbors at all, no near neighbors at all in opposition.

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So the community expressed support for the project,

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and the RCO letter is for non-opposition.

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Let's do our plans here.

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So this is an existing duplex, so we're not changing the configuration, we're just legalizing it.

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This is our site plan.

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we have a small side yard in the rear space and and the backyard

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and on the first floor um the first floor is one unit and it has

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a single bedroom on the second floor we have three bedrooms and a kitchen area

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and our photos this is the first floor kitchen

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the first floor living room

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The first floor bedroom.

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First floor bathroom.

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Another view of the first floor bathroom from the kitchen.

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This is the corridor on the first floor.

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Stairs leading up to the second floor.

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The second floor kitchen area.

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Second floor, rear bedroom.

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Second floor, front bedroom.

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Second floor, bathroom.

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And this is an unimproved basement.

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Any more pictures of the basement, and then these are the zoning posters.

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that are displayed on the front of the property.

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When we presented to the RCO, we showed them the status of many of the other properties on the block.

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So here we are. This is a fairly, you know, strong RSA5 area. There's just one property on this block face that's a CMX2.

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property on this block face that's a CMX2. But this chart shows that 440 South 54th Street is

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that vacant lot that has the deed restriction from the city, from the land bank. 430 South 54th

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has been a legal quadruplex since 1961. That's the one that's known CMX2. And then 441 and

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446 have been legal duplexes for quite some time, 444, starting in 1940, and 446 in 1972.

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Here we have 430 South 54th proof of zoning from 1961 that legalized the four family. This is

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444 South 54th Street that legalized a two-family in 1940.

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446 South 54th Street, evidence of the permit that legalized the two-family in 1970.

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This is our tax clearance for the property.

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The deed of ownership.

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Move through that.

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Our application for appeal.

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Our hardship is that the current duplex cannot be converted into a permitted use without extensive reconstruction and demolition,

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and also the character of the block has significantly changed

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and is no longer suitable for only single-family living.

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Of the eight other lots on the block, two are legal duplexes,

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one is a legal quadplex, and one remains vacant with a deed restriction from the city.

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Our project information form.

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this is the rco notice that we sent the letter to all of the near neighbors

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our proof of mailing and all the addresses that we sent the rco notice to

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At this point, I would like to call my client, Monet Amos, to adopt my testimony.

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Ms. Amos, if you're in the virtual audience, please raise your hand.

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Ms. Amos, please unmute yourself and wait for the chair.

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

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can you go

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hi could you state your name please

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I'm sorry chair

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no go ahead you go ahead

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if you have two devices may you

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mute one or turn it off please

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or maybe turn your audio down because we're just getting the feedback

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how's that um it's a little better but we do still have a feedback

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okay i'm just gonna move my cell phone it's not on but maybe

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is that okay

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that's better could you state your name please sure my name is my name amos do you swear or

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affirm to tell the truth the whole truth nothing about the truth i do i do steve could you ask

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some simple questions we'll just get yes or no from her please and excuse me chair may she spell

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it for a court reporter sure spell your name please the spelling of my name is m as in mary

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O-N as in N-T, E as in Edward, T as in Tom, last name Amos, A-M-O-S.

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Thank you.

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Proceed, Steve.

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Sure.

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Good morning, Monet.

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You heard my testimony this morning.

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Do you agree that it's truthful, and do you adopt it as your own?

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Yes.

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Is there anything that you would like to share with the board about this project?

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other than the fact that it's a home of I think I'm the third generation to own the home

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third generation to own the home. My grandmother owned it first, and then my father, and now it

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my grandmother owned it

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belongs to me. Once I expire, I intend to leave it to my daughter, so it is a family home.

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We take great pride in it, and I think that's about it.

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All right. I have no further questions of this witness, but I do have a near neighbor who would

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I'd like to testify in support of the project also.

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If Sabrina Cunningham is in the virtual audience,

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could you raise your hand

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and be recognized by the administrator?

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Ms. Cunningham, please unmute yourself

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and wait for the chair.

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Ms. Cunningham?

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Ms. Cunningham, please unmute yourself.

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I unmute myself.

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

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Sabrina Cunningham.

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The spelling is S-A-B-R-I-N-A-C-U-N-N-I-N-G-H-A-M.

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

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Yes, I do.

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Proceed, counsel.

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Ms. Cunningham, can you tell the board where you live and how close it is to Monet Amos' property?

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I live on, my address is 438 South 54th Street, and it is on the right-hand side of Monet.

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You're their next-door neighbor, is that correct?

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That's correct.

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And how long have you been living at that location?

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I've been here over 11 years.

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Okay. Are you familiar with Monet and with the tenants who have been living in that house?

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Yes, I am.

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Okay. What is your opinion of how well this house has been run and what kind of impact it has on you and the other neighbors?

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The house has been run sufficient. There's no impact. We are close neighbors.

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If the guys or anybody in the house need anything, I'm always there to assist them and help them.

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um i'll stay in touch with monet and you know if anything happens i'll call her and let her know

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what's going on but the neighbors are fine no problem at all so do you have um how do you feel

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about her um her application to to make the the two apartments legal uh i'm all for it okay

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I'll support it 100%.

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I have no further questions, Mr. Chair.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have a Paul Garland with his hand up.

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Sure.

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Mr. Garland, please unmute yourself and wait for the chair.

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Good morning, Mr. Garland.

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

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Mr. Garland?

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He's unmuted, Chair, but he just does not have...

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Mr. Garland, could you state your name, please, and spell for the court reporter?

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Okay. Is there anyone else in the virtual audience?

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I see no other hands at this time, Chair.

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Greening Commission.

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Thank you, Chair Bergman. David Fecto with the City Planning Commission.

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Mr. Chairman and Board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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based on the testimony that we've heard the applicant proposes to legalize a long-standing

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non-conforming condition so the city planning commission recommends that the board grant the

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proposed use variance thank you mi2022-006-297-436 south 54th street i vote yes yes thomas holliman

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my vote is yes

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ishmael shaheed my vote is yes thank you counsel thank you so much

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Number eight, MI 2021-005-092.

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MI 2021-005-092-4334

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Frankfort Avenue. Darlene Treat is the attorney.

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Letter of non-opposition from Council Member Lozada.

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Letter of support from the Frankfort Neighbor Advisory Committee

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with unenforceable provisos.

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Chair, Ms. Treat is coming back in as a panelist now.

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Good morning.

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Good morning, Commissioner.

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Can you hear me?

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

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My name is Darlene Threatt, D-A-R-L-E-N-E, last name Threatt, T as in Thomas, H-R-E-A-T-T.

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

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Yes, I do.

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Could you put your video on?

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Sure.

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Hi, good morning.

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Could you identify your client, the relationship to the property?

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My client is Mr. Irvin Rodriguez.

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He is the owner of the property.

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Mr. Rodriguez, are you on the line?

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Oh, good boy.

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We'll call him.

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Our vice chair has a few questions.

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Good morning, counsel.

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Do you agree to weigh the reading of the refusal and stipulate to his accuracy?

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Yes, I do.

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Hello?

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Yes, I agreed to waive the reading of the refusal and I stipulate to its accuracy.

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Have you emailed all the required documents and exhibits five days in advance to proceed with this hearing?

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Yes, I have. I would like to say I did swap out the pictures.

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So the pictures in my original submission are a little different, but the number of documents are the same.

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Okay, we may need you to email them into our offices, but let's proceed. Please share your screen.

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I'm going to try it again.

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that's it that now you're coming up just to your zoom page yeah i don't know what's going on

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That's it. I think that that might be it.

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No.

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Try it one more time.

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can you see my screen now i see the zoning board of adjustment revised proviso plans okay let me

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just open up my exhibit package just give me a second please

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I apologize.

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I thought I had it opened already.

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Can you see my screen, Commissioner?

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I can.

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Yeah.

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Thank you very much for your patience.

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Commissioners, this is 4324 Frankfurt Avenue.

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I submitted an exhibit package consisting of 12 exhibits.

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I'm going to go through them for you today.

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At first, we have a notice of refusal.

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At first, we have a notice of refusal. We applied to have an eight-family dwelling and we were refused because multifamily household living is not permitted in this zoning designation ICMX.

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We apply to have a.

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I would like to give you a little history of the property, though. We strike that. Here is our application of appeal.

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the property information form

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the uh certificate of tax clearance

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the uh deed for the property

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the owner's commercial activity license with the city of philadelphia

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And attached here are our plans.

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Basically, we would like to keep the commercial on the bottom,

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but we would like to develop eight one-bedroom apartments on the top.

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This is an overhead view of the area, and here is a view.

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