civus
Hearing video

ZBA Hearing - September 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20224h 24m

There is the letter that my office sent out to everyone who the Planning Commission told

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us to mail to.

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Here's the letter of support from South of South neighbors Association.

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Here are the list of the addresses that my clients personally went and visited every one of the properties that the that they could that the Planning Commission asked them to notify at least my office to notify.

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And as a result, we have an overwhelming amount of signatures from everyone who lives within 300 feet of the property.

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Moving all of those into evidence.

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Here is the notice of valuation that just was received in 2023 property tax.

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As you can see, Office of Property Assessment categorizes this and taxes it accordingly

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as a multifamily property.

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We have an affidavit from the woman who lives across the street.

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For as long as she has been there, since 1974, she attests and affirms that it has been continually

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used as a two-family dwelling.

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And with that, I think that's enough to show you today.

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I want to show you proof of mailing of the 256 households, and we have a deed and a tax compliance certificate also included as part of our exhibit packet.

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And with that, I'd like to have either Kelly or Rob Piasecki please raise their hand to be sworn in.

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Mr. Piasecki, you can unmute yourself and wait for the chair, please.

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Good morning, sir. Could you identify yourself and spell your name for the court reporter?

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Robert Piasecki. I'm the owner of this property. It's P-I-A-S-E-C-K-I.

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

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I do.

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Proceed, counsel.

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Thank you. Rob, did you hear my presentation to the board this morning?

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Yes, I did.

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Is it true and accurate to the best of your knowledge?

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Yes, it is.

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And do you adopt it as your own testimony?

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I do.

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Thank you. Nothing further, 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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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Good morning, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission. Last name is spelled H-E-G-A-R-T-Y.

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Chair, Mr. Perry is coming back in now as a panelist.

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Thank you.

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Hi, good morning.

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Roger Perry here.

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I'm representing Mr. and Mrs. Parkes in this matter with regard to 4729 Reinhardt Street.

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Hi.

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

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Thank you.

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It's Roger Perry, R-O-G-E-R-P-E-R-R-Y.

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Right. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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And the people you represent are the owners of the property?

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Yes.

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Okay. Our vice chair has a few questions for you.

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Hi, Mr. Perry. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal or

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referral photos and or plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter yes to all the above okay great you may proceed and begin

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with sharing your screen okay okay oh i don't know where i am here but can you see my screen

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no we can't don't see your screen yet ha okay i clicked on share

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uh and mr perry yes mr perry did you hit the document after you clicked on the green share

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button on the screen yes there it is okay it's coming up now sir okay now go into your document

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because we see your desktop on the screen okay um let me see if we can

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i don't see it there but uh stop video participants chat and your sharing screen

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so how about you do this mr perry you're going to unshare right and then open up your document

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on your computer okay so that you can see it and then share again okay all right you're welcome

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Okay, I can see them on mine.

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Now share.

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Now hit share.

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Okay, I've got to get back to you, though.

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Sorry about all this.

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It's okay, Mr. Perry.

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The share button should be at the bottom of your screen.

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Yeah, no, the only thing on my screen is my documents at the moment.

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Click on Zoom, maybe?

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no hover at the bottom of your screen with the share button it's not going to be visible unless

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you hover or if you're sorry misanke if you're not in zoom if you go along the bottom you'll

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see like a movie camera you'll need to click on that first where am i looking along the bottom

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of your screen do you see a video camera it looks like

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or you could just minimize the screen that you're in okay let me

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okay i've minimized my document share my screen

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okay are we good there we are got you very good thank you okay my technical help is not here i'm

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sorry. Okay, so we've agreed to the refusal. The refusal is very simple and straightforward based

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on what I can show you in the documents. The refusal is based on the fact that my clients

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are requesting to build a single family home on 4729 Reinhard Street. But because there's a slight

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curve in the street, and I'll bring that up shortly. The one refusal is the fact that part

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of the front of the house is within the 18-foot normal setback for this district. And I'll scroll

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down to the shape of the lot issue, and we'll be able to see that. There's the deed as to the owners.

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uh okay so here's the uh let's see if i can rotate this to the

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okay so this is sort of the key document and we have the site plans and so forth

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but right here you'll see that l and i have noted that we're within the 18 foot setback and that's

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triggered by uh two issues in this case one is we wanted to have the nine foot setback

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and, you know, locate the house similar to the adjacent properties on a, you know, rectilinear

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site here. But by doing that, Reinhardt Street at this particular location curves.

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But by doing that, Reinhardt Street at this particular location curves, and you can see the curve in the street here. And by locating this particular property in this fashion with the rear yard in compliance with the code, we've come within this 18 foot setback.

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And that's why they issued the refusal, and that's why we appealed this matter and went to the neighborhood and so forth.

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What we're asking for today is a variance allowing the property to be built as a single-family home with this corner to be within the 18 feet.

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And you'll see we tried to maximize the setback as we went around the corner.

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Let me look and see if I have what else I have.

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Okay, plans for the house, multi-bedroom house and so forth, and it's all upside down. Okay, I'll come back to that. I was going to try to show you the, let's see what we've got here.

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Okay, so this shows you the posting of the property, and this is essentially the location of the vacant lot.

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The Farkas's are currently living adjacent to this property, a rather large lot.

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and you can see this is the location of where they want to build the the house and this shows you the

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oops okay this is the street itself this is where it comes in and these are across the street and

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then other single-family homes in this location here go back to let's see what we got we have a

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the notices that were sent

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to the property.

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We did have a public meeting

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and there's a tax letter

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and there's all the notices.

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We had some of the immediate neighbors

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find a petition and support

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that was produced for this hearing

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and also for the RCO meeting.

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And there is a letter of support that the chairman noted from the Southwest Philadelphia District Services had a meeting.

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And this is where the parkas is currently reside in one of the adjacent properties.

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Let me see what else we have. Tax certification, afforders, letters of support.

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property has built a small single family home consistent with other properties in the

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neighborhood so what we're asking the board to approve today is essentially a variance for that

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corner to be within the 18 foot and that's in this area here of the front yard property was

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properly posted and all the properties were sent I don't know if anybody wants to see the

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I'm trying to see what the house

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site plan for the house

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and so forth.

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Excuse me, counselor.

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Yes.

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I only see the foundation plan.

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Okay, I'm just trying to see.

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Do you have a first floor plan, a second floor plan?

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Well, we thought those were some.

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The answer is I believe so.

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That's the foundation plan.

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yes I see that and I can't tell you because we just forwarded the those are

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the elevations those are the section in a roof plan that's why I'm just going

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through them that's also when we forwarded them we thought everything was

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was there I don't think you have everything there yeah that's why I'm

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looking. It's possible the Farkas have it and they're here today. Yeah, I don't know what it

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looks like. It looks like we set a duplicate set. I apologize. I forget. Maybe if the Farkas

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Hillary, didn't you say you had plans for the first floor, but not the second?

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Yeah, so, yeah, if you go back a couple of slides, you can see a layout for the first floor, but it wasn't clear what was laid out on the second floor.

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Okay.

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So, yeah, so if you go back a couple of slides, I did see, it did show living area on the first floor, but the second floor, it didn't show really any.

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living area on the first floor but the second floor it didn't show really any living area

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i don't know the living area because this is um yeah this slide here you can see the the floor plan

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yeah this is the uh second floor and i apologize i don't i didn't do the plans but yeah there is a

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first floor plan. I'm trying to look at it. One, two, three bedrooms, open area, bathroom, kitchen

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area, and so forth. And that's here. That indicates it's the first floor. It looks like

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The second floor is, it doesn't have anything.

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I was just trying to blow this up.

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That's the first floor plan.

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We don't have a second floor plan.

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Well, the second floor, this is the second floor.

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You have stairs to the second floor.

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Yeah, and it's an atrium.

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And I don't know if I can, because that's what the architect said and so forth.

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I do have the Farkas, the Farkas's should be here.

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If they can describe what's on the second floor, that would be helpful.

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Hi, we do, Chair, we do have the Farkas with their hand up.

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If you wish for them to speak.

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Why don't we do that?

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Why don't we have one of them?

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Thank you.

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And I'll swear them in.

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Mr. and Ms. Farkas, please unmute yourself and wait for the chair.

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I have done so, and I'm waiting for the chair.

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

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Certainly. My name is Tudor, T-U-D-O-R, last name Farkas, F as in Frank, A-R, C as in Cat, A-S as in Sam, and I am the son of Mickey and VRL Farkas, who I have here with me. I just have a better English than both of them, so I am speaking.

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

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I do, sir.

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The last question.

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And so I can address the second floor.

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The second floor is that that's the plan for the second floor.

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What the second floor is going to be is a loft with an atrium in the middle.

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So what you see is the little, the cutout in the middle that will allow light to go through from the first floor to the second floor.

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Because as you, it's a skylight at the top and it goes all the way through.

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and then on the second floor there will be just an open living space for for my parents

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okay thank you questions from the board no mr chairman no mr chairman questions or comments

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from the virtual audience i see no hands at this time chair planning commission thank you chair

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bergman ian hegarty for the philadelphia city planning commission board members the comprehensive

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plan recommends no change to the existing rsa 5 single family attached zoning at this location

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we agree the shallow depth of the lot presents a hardship to strict compliance with the front

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setback requirements and so the city planning commission recommends that the board grant the

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Thank you. MI 2022 003640 4729 Reinhard Street. I vote yes. Carol Tenere, my vote is yes. Thomas

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Holloman, my vote is yes. James Snell, my vote is yes. Ishmael Shaheed, my vote is yes.

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Okay, thank you, Mr. Chairman. May we leave? You can, thank you. Okay, thank you very much.

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Right. Number eight, MI 2021-004-371-5446 King Cessna Street. David Sprittle is the owner pro se. Letter of support from Southwest Philadelphia District Services.

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Mr. Sprittle, if you're in the virtual audience, can you please raise your hand?

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Chair, I see no hands up at this time.

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Okay.

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This case is marked must be heard.

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Right.

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MI 2021-004-371-5446 King Sesson Avenue. I vote dismiss.

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I vote dismiss.

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Carol Tenere, I vote to dismiss.

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Carol Teneri, I vote to dismiss.

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James Snell, dismiss.

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Ishmael Shahid, dismiss.

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Thank you.

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Number 10, MI 2022-002-548-2053 Christian Street.

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Sarah Barney is the owner.

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letter of support from South of South Neighborhood Association, SOSNA.

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

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Thank you.

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Good morning.

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