civus
Hearing video

ZBA Hearing - August 5, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 5, 20203h 12m

there's no attorney on this case if you're here for Tomlinson rule please

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raise your hand

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I believe the person who completed the appeal and application was Ian Toner.

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Is Mr. Toner on the line?

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Mr. Toner is, I'm sorry, Edward, were you

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here to testify for this case?

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You can unmute yourself and speak.

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Hello?

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Mr. McNamee?

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Yes, sir.

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Are you here on this matter regarding

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1901 Tomlinson Road?

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Yes, sir.

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Okay, please state your name for the record.

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Spell it for the stenographer.

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Sure. It's Edward McNamee.

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Last name, M-C-N-A-M-E-E.

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And your address?

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1901 Tomlinson Road, Philadelphia, PA.

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Oh, okay, you're the applicant.

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All right, I'm sorry.

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Yeah, I'm sorry.

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It wasn't indicated on our notes.

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You're the applicant.

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Okay, do you swear in a firm to tell the truth?

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The whole truth and nothing but the truth.

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Yes, sir, I do.

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Okay, sir.

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All right, please proceed with your testimony.

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I was seeing if I could get the driveway put in on my property on Clark Street.

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I have an architect, Ian Toner.

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He laid out the diagrams and everything.

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It's basically so that my daughter gets done work.

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I don't have enough room.

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I do have a driveway off of Tomlinson.

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My daughter comes home late from school.

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When she's done school, she does her work.

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And when she gets home, it's late. And I would like to see if I can't get a driveway put in on Clark Street. So it's safer for her to get into the house.

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Mr. McNamee, I'm sorry for interrupting. Do you have any plans you can share with us?

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Yeah, I believe my, my, Ian Turner was supposed to be on here.

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Yes.

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I don't have, okay, here he is.

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We have his name, but, oh, there's Ian.

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He's allowed to speak.

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Yeah, I have the plan here.

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I could, if I can share my screen, I can bring it up.

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Please, Ian, identify yourself with the record.

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Sure.

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Ian Toner, Toner Architects, 1901 South 9th Street, room 425, Philadelphia, 19148.

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

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I do. Thank you. Please, please proceed. We'd like to see some of the plans.

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Okay, Ian, you've been promoted to a panelist, so you can share your screen.

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Got it. Okay.

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So here is the site plan. Tomlinson Road is here and Clark Street turns and comes up this way. Clark Street at this point is a dead end street.

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So this is the existing house. This is the driveway off of Tomlinson in front of the house. There's a fence that runs the perimeter. And what we're looking to do is add a gate here so that the car can come in and just get in off the street.

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Do you have any photographs?

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I do.

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Going adjacent properties.

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are you a corner property yes so this is looking at from in the intersection this

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is Clark Street here and as it curves it's turning into Tomlinson and this is

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looking down Tomlinson this is the existing driveway that goes in to the

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front of the house. This is the broader view from across the intersection. So

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this is the house, existing driveway is over here, and where we're looking to put

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the gate is right here. So correct me if I'm wrong, that is so you would not be

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That is so you would not be stacking two cars and have to use a one driveway?

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stacking two cars and have to use one driveway.

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Yes, that's so I wouldn't be blocking the curb so that pedestrians could get by.

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If I try to put two cars in the driveway, one's going to be blocking the pavement.

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So people are going to have to walk out into the street to walk around the car.

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So you're creating another driveway is what you're really doing, right?

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Yes, sir.

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There are properties that we're looking at this photograph, this picture.

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Properties to the left where your fence line ends.

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It looks to me as though there are driveways or carports.

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I see it looks like the back of a car.

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Is that correct?

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The two properties to the left as we're looking at this photograph.

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Oh, yes.

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They're duplexes.

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They're duplexed.

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Okay.

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and they have all street parking is that correct yes sir so this would not be the

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only curb cut on that block correct no sir okay all right anyone else out there

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has any questions regarding this case please raise your hand no hands up thank

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you questions from the board no this property is indicated for residential

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single-family use on a city plan believe the applicant has not demonstrated a

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necessary hardship regarding the requirements of the code the additional

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accessory parking space represents an inappropriate non-conformity not

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consistent with our adopted district plan nor neighborhood parking control

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standards we recommend the question variance not be granted hear what you're

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saying Ron but I'm looking at this photo there's off-street parking curb cuts

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everywhere all right calendar number three nine three one four one nine oh

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one tomlinson road my vote is yes my vote is no

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yes my vote is yes

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tom

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tom did tom vote i don't have an issue with his service

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well we have a majority that voted so it's uh three to one we're fine let's move on okay thank

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you calendar number three eight six one nine one five zero eight west glenwood the attorney is

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michael lambert my vote is yes yes okay yes

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Michael, you've been promoted to a panelist. You can share your screen and testify as you

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wish. Mr. Lambert, can you please put your name and address on the record and spell your

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name for the stenographer? Thank you.

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Mr. Lambert, when he gets on, you'll swear him in, Carol.

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Mr. Lambert, I don't have audio for you.

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Are you operating on a device that has a microphone because I don't see audio, only video for you.

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good afternoon ladies and gentlemen of the panel can you hear me

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yes yes can you put your name and address on the record please and spell it for the stenographer

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yes absolutely uh it's michael lambert michael lambert id number 88422 l-a-m-d-e-r-t

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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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Absolutely. Absolutely. One more question. Do you swear to tell the whole truth and nothing

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but the truth? Absolutely. Thank you. You may proceed. Yes. Ladies and gentlemen,

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this is a property. We have submitted a package to you earlier through the email,

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which I'm assuming that you have already. This property on Glenwood was initially

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Glenwood was initially zoned as a three-family dwelling in 1962. We're asking the panel to allow us to convert it to a two-family dwelling. First floor is a one-bedroom apartment, and the second and third floor are another apartment, two to three-bedroom apartments.

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zoned as a three-family dwelling.

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I also submitted a copy of the plan, and I'm assuming that the panel has received that plan.

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I have a larger copy here, but I think the panel has a plan as a copy of that in the package that I sent.

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Would you be able, Mr. Lambert, to share that on the screen with us?

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Your Honor, I know you have a very limited time.

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If the panel, I don't know if the panel could see this one, if I could add, oh, my assistant

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to help, no, you cannot see that.

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But we had submitted that package.

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If the panel doesn't have the package, I can try to see if I can.

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That would be helpful.

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Thank you.

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Could you share with me one more one, please?

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Sure.

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We do have that.

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I can try to email it to the board members now.

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That would be helpful.

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Michael you're muted I muted you

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Mr. Lambert, you're still muted.

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I apologize, ladies and gentlemen.

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This is my first time on Zoom.

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I apologize.

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No problem.

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No problem.

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It's a learning experience for all of us.

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I'm sweating here, so I'm losing about 10 pounds in sweat right now.

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But this is the way I want to lose it.

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Relax.

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Thank you, sir.

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Thank you.

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I thought it was tough with you guys in person, but it's worse when you feel like you have

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10 thumbs trying to be computer literate.

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What do I get?

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Sharon.

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Mr. Lambert also had the disadvantage of having me as a technical assistant in this.

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Sharon.

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Sharon.

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I don't have it.

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If you could email it to me, I can assist with sharing the screen.

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Okay, thank you.

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Thank you, Tanya.

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Crank that air conditioner up, Mr. Lambert.

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I just turned it back on, sir, because I'm sitting here.

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I'm sweating.

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I'm sweating.

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Let's just leave it at that.

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So while we're waiting, Mr. Lambert, you did say this was originally a Triflex?

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Yes, Your Honor.

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In 1962, December 18th, it was the ZBA granted for a three-family building in an existing structure.

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We are proposing a two-family, reducing it, requesting rather, a proposal to a two-unit apartment complex.

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As the panel probably is well aware, there are several houses that have been converted into three-unit complexes.

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We decide, well, not me, my client decided that instead of requesting three separate floors for three separate apartments, have the first floor as one apartment and the second and third floor as one unit together.

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The second and third will be a bi-level.

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Okay.

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Yes, sir.

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Yes, sir.

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Exactly.

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Any other dimensional changes?

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That's it, sir.

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That's it.

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uh i say i actually i sent photos on to tanya because this was in an existing structure mr

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lambert would not have been required to submit plans okay all right uh you know what is there

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anyone else out there who wishes to testify in this case if so please raise your hand at this time

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any questions from the board no no no no planning commission

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any questions from the board

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um planning commission's uh comments on it i'm sorry

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ron okay the um property is indicated for residential use on the city plan given its

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proximity to public transit. We support the granting of the increased density variance.

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Thank you very much. So Chair, it appears that we do have a call-in

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person. You have been allowed to speak. You can testify.

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Hello? Yes, please identify yourself. Name and address for the record. Spell your name.

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adrian fernandez a-d-r-i-e-n-n-e fernandez uh for swamp little neighborhood parcels association

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rcl and this is for 1508 west glenwood avenue is that right yes and swear to firm to tell the

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truth the whole truth and nothing but the truth yes i do please proceed do you have our um letter

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was of no support from the original hearing returned in, I believe, in January 2020.

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I, it's, I don't know. It's, well, it's probably in the folder. Would you just give us a brief

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description of why you're opposed? They're reducing the density from three units to two.

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They're actually increasing it because I don't see any, I looked in the LNI record,

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I don't see any evidence that it was a three family.

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We're familiar with the block is mostly single family homes and it's a single

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family rental. Now we don't want to increase because the owner who's

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unidentified and could not find it.

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We could not find this corporation registered in Pennsylvania,

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New Jersey or Delaware. And we turned in the proof of that with our letter.

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We don't know who the owner is. There was no community meeting, no,

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notice given to neighbors or to

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the RCOs. I don't know if they know the RCOs

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