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Hearing video

ZBA Hearing - January 6, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 6, 20215h 31m

Sharon Saleta. We did receive letters from Councilwoman Sanchez, and she is in non-opposition

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and refers to the RCO's position of non-opposition. Thank you. Thank you, Ms. Saleta.

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I don't know if Mr. Attila is online, but if he is, I ask him to raise his hand to be recognized.

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So you have no hands up for him, sir.

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Mr. Alastazio, as an officer of the court, we'll stipulate that your client would have adopted your testimony.

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I would ask that you do that, sir. Thank you.

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Thank you. Any questions from the board?

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no anyone else would like to testify in this case if so please raise your hand that would include

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frank you anyone else would like to testify in this case if so please raise your hand

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that includes any members of an rco and or the district council person's office

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no answer this time mr chair thank you planning commission

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good afternoon chairman members of the board uh ian litwin planning commission staff i need to be

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sworn in thank you and do you swear and affirm to tell the truth the whole truth nothing but the

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truth i do thank you please proceed okay this property is indicated for commercial mixed use

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on the comprehensive plan and the zone accordingly as this is a long-standing existing use with

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community support we do not oppose granting the advances for either 109 or 111 west rockland

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Thank you very much. MI 2020-001524, 109 West Rockland, and MI 2020-001523, 111 West

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Moreland. My vote is yes on both with the proviso, no spray painting, and no body and fender work.

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Thank you.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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QMI 2020, that's 001383, 4003 Filbert Street.

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Mr. Chair, I have a Mr. Dennis George on the line.

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I will allow him to, I guess it's been brought to a panelist already.

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Good evening, Mr. George.

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Please identify yourself with a record and I'll swear you will.

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Sorry, sorry, Mr. Chair, my bad.

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I have someone else, my bad.

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Okay.

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No, Mr. George should be right.

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Dennis George, I believe.

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Would you promote him?

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Okay, Mr. George.

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Mr. George, you can unmute yourself

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and begin your presentation after being sworn in?

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Good evening, Mr. George.

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Good evening, Mr. Chairman, members of the board.

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Dennis George, Ranjian George, 2000 Market Street,

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Suite 1440, Philadelphia, 19103.

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Do you swear and affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do.

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Do you agree to waive and stipulate?

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I do.

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And have you emailed an exhibit packet with the required documents, including proof of ownership, proof of tax compliance, copy of the refusal or referral, and photos and their plans of the property five days in advance of this hearing?

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The email was sent, Mr. Chairman.

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I apologize.

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It was not done five days in advance because our offices were closed.

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But we did submit all the documents.

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Have you met with the RCO?

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We have.

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Sharon, do we have the documentation?

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We do, yes.

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Let's proceed, Mr. George.

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Mr. Chairman, I'd ask that if we could also have Sky Architects be entered,

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they'll be posting the documents.

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documents. This is an application for an erection of a single-family home on the

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This is an application.

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property located at 4003 Filbert Street. The refusals, there are three refusals.

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One is for the front setback, which once we get the plan up we can show you. The

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other is a required minimum yard space. Because of the design of the lot, there

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There is a side yard, but not a rear yard, which I think basically complies.

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You'll see that the side yard is...

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I hate to interrupt, but did you say there was someone else presenting?

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Yes.

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Okay.

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Oh, here we go.

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Yes.

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If we could bring up the plan.

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Yao, are you there, the architect?

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Hopefully we can get the plan up.

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Yao Cheng Huang?

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Yeah, I'm okay on the plan right now.

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Sorry, please hold on.

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Mr. Chairman, if you want, you can swear in Mr. Chen.

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Yes.

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Mr. Chen, please identify yourself, first and last name.

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Yes. First name Xin Yuan, H-S-I-N-G-Y-U-A-N. Last name Chen, C-H-E-N.

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

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Yes.

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Okay, Mr. George.

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Mr. Chairman, this is the applications for a single family home, which would be approximately

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2,100 square feet of space within the height limit on an odd-shaped lot.

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We can show you the plan. We did meet with the RCO, and you will see a letter from the RCO.

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There were actually 31 attendees and five opposed and zero support, but we'd like to address that

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after you you review the plan um basically the the

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uh the first floor will be mr george yes when you turn your head you're you're off the mic

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i apologize okay the first floor is um is for the parking

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the cellar will be for mechanicals the second floor is a master bed as their living room and

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kitchen the third floor is a master bedroom and bath and the fourth floor is two bedrooms

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and two bathrooms if we can go back to the side yard on the on the plan

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what we're proposing is a side yard instead of a rear yard because of the configuration

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And you could see that that would be approximately almost 7 by 10, which is basically in compliance, but not rear, but side.

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And also the setback, they're saying it doesn't match the other building, but the buildings are, as you can see, a different configuration.

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The one does and the other doesn't because it's a corner property.

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And if you look at the RCO letter, basically it's the, I think the complaint is it's allowing the building of a 37-foot home would open the possibility for other developers to build on smaller lots.

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This is the proposed site. It's within the height of the building next to it and there is no refusal

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for height. I'd entertain any questions for myself or the architects. Is there an existing curb cut?

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There is. It looks that way in the photograph. Okay. There is an existing curb cut but we'll

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have to move it some to match the entrance all right um any questions from the board no no

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anyone else would like to testify in this case please raise your hand

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including members of the rco and or the district council person's office

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Mr. Chair, I have Yaocheng Huang to speak at this time.

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Good evening, please identify yourself for the record, spell your first and last name

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and provide us with your address.

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My name is Yao Chang Huang. I'm principal at the Sky Design Studio. The address is 1823 Spring Garden.

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My name is Yaocheng Huang, I'm principal at the Sky

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All right.

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What role do you play in this? You're quite a few miles away.

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Pardon me?

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He's just the architect.

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Okay, all right.

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Well, we're two architects for this project.

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All right, you got two. Okay, you got a two-foot. All right.

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I'm sorry, Chair.

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Did I just get a spelling?

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That's what I was going to say. Thanks.

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Y-O-C-H-A-N-G, last name, Huang, H-U-A-N-G.

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Thank you.

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Anyone else would like to testify in this case?

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Mr. Chairman, the owner may be online, and she could adopt the testimony, if you'd wish.

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What is the name?

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Lily Zhao.

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I have Lily with her hand up. I want to allow her to speak right this time.

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Good evening, ma'am. Please identify yourself with a record. Spell your first and last name.

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I'm Li Zhao, owner of 4003 Filbert Street.

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Spell your first and last name, please.

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Li, last name of Zhao, C-H-A-O.

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Thank you.

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

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Yes, I do.

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Please proceed, Mr. George.

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Lily, did you hear my testimony tonight?

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Yes.

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And do you adopt my testimony to be true and correct, and that is your own?

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Yes.

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Thank you.

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Mr. Chairman, that would be the conclusion of our testimony.

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Thank you.

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Planning Commission.

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good evening chairman members of the board ian litwin planning commission staff

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this property is indicated for single family residential use in the comprehensive plan

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due to the lot size and dimensions planning commission staff does not oppose granting

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the requested dimensional variances however parking is prohibited in this zoning district

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unless accessed via a shared driveway alley or rear street on which no parking is permitted

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Accordingly, Planning Commission staff opposes granting the variance for accessory parking accessed via Filbert Street.

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Mr. George, to the right of your diagram, it looks like there's a driveway to that building.

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It looks like a cyclone fence to the right, looking at the...

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Yes.

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It looks like there's a curb cut there and a cyclone fence to me with a...

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It looks like a hinged fence there.

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Yes, it does.

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I'd have to defer and ask the...

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Yeah, I think it is because it looks like there's a no parking in front of the driveway sign.

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All right.

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Chair, I'm sorry.

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If I could mention there were members of the public with their hands up.

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I forgot that, and I'm just coming back to that.

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Thank you.

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Anyone else who would like to testify in this case, please raise your hand.

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Tara O'Brien, you can unmute yourself.

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Good to be sworn in.

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Yes, hello.

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I'm Tara O'Brien.

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Pam, please spell your last name, first and last name, and provide us with your address.

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My name is Tara O'Brien, T-A-R-A-O apostrophe capital B-R-I-E-N.

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My address is 32 North 40th Street.

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We're confirmed to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed.

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Thank you so much for allowing me to speak.

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Mr. Chairman, there have been a number of inaccuracies presented here by the lawyer for this case.

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the um our head of the rco pam andrews has informed me that there were actually 31 objections

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to this property not five and the community is very much opposed to this if you'll remember

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the neighbors of this property came together back in 2017 when the former owner wanted to

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consolidate this property and slice off another piece of property behind it to make it a larger

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property we strongly objected to that and um we were granted that um that objection which we

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really appreciate um this property is not going to be built on a correct size property the legal

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size for a single family home in philadelphia is closer to 1400 square feet this piece of property

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is half that size. Also, the curb cut is not legal. And that's very easily established when

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you go and look it up on the zoning variances. So that would be another issue. I think that

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I have other friends and neighbors who would also like to speak so I can finish my testimony

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at this time mr george i have a question the the lady just said that

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Mr. George, I have a question. The lady just said that this property is half. I thought you said it was 2,100 square feet.

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The interior is.

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Right. I was confused when she said normal homes of Philadelphia are 1,400 and this is half the size.

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Yeah, I'm confused also, Mr. Chairman. Also, the veracity of my statement, just with all due respect, I'm looking at the RCO letter.

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i would not deceive the board or anyone the rco letter in front of me which i think you have a copy

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of said that there were there were 31 people in attendance there are 31 people in attendance but

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my it says oppose five so 26 were attendees but did not come up in the opposed column so if i'm

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if i misinterpreted the letters just that's the way the letter is read written anyone else

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would like to testify please raise your hand Arlene Caney you could be sworn in

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good evening ma'am please identify yourself with the records by your first and last name

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and provide us with your address

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Arlene are you there?

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We can move on chair we have Pam Andrews please provide ma'am Ms. Andrews

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Can you hear me now? Yes. Please identify yourself for the record first and last name

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and provide us with your address and I would ask that you limit your testimony to something new

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and different. No problem. My name is Pamela Andrews. My address is 4209 Filbert Street,

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