civus
Hearing video

ZBA Hearing - March 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 17, 20215h 37m

Seasonal, we're ready to go live.

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Can I ask, did everyone get the updated case summaries?

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Yes.

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Yes.

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Yes.

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Thank you.

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Sorry about the confusion.

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Bill, are you doing the 3-2-1?

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DPC, yeah.

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Bill, is that you?

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Okay, who's doing the Zoom this morning?

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it's bill give him a couple seconds okay miss sunken thank you

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hello vice chair can you hear me now yes i can i'm sorry yeah that it was it was working fine

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earlier yes you are we are recording now we are live now um when you said to go i turned it on

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okay so you're live good morning my name is carol tenary and i'm the vice chair of the

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sending board of adjustment this morning i will be sharing in the absence of our chair frank

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de chico um today's hearing the board members are thomas halliman and james snell confessor plaza

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or board secretary, board administrator Fatina L., board attorney Sharon Saleta, and also Tanya

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Sunkett. For those of you who haven't participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect. First, we will be administering oaths to individuals

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participants prior to their testimony. Second, we'd like to advise everyone that this proceeding

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is being recorded and that by participating, you acknowledge your agreement to be recorded.

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It is available to the public on the web and otherwise. Third, for anyone participating by

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phone, if you wish to testify, you must raise your hand by hitting star nine, then star six to

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unmute yourself. That's star nine, then star six to unmute yourself. To enter an appearance statement

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call Google 267-270-5548 and leave your email address and address of the property at issue.

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The number again is 267-270-5548. Fourth, the question and answer box is not for testimony.

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Any comments are to be directed to Ms. Tanya Sunkett or Fatina L.

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At this point, I'm going to ask if there are any requests for continuances.

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Excuse me, Madam Chair, Vice Chair, could you call the...

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Do you want the add-ons?

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No, could you please call the continuances that we know are being requested?

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Thank you.

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The continuances that we do know of are calendar number 0344-2433 Harlan Street.

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That case is withdrawn.

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Calendar number 1535-2724 Somerset Street.

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Continued attorney moving party.

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calendar number 1533-3112 West York Street is continued.

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If there are any objections to those continuances, can somebody raise their hand, please?

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Vice Chair, we have Daniel. I'm going to unmute him.

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Daniel, you've been unmuted, please wait for the vice chair.

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Daniel, can you put your name on the record and your address?

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I didn't see him here yet.

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okay he put his hand down and now I have uh excuse me a visa a cell phone

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Excuse me, a cell phone.

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All right.

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I have unmuted you.

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Please wait for the vice chair.

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You're free to speak.

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Please unmute yourself.

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Can you put your name and address on the record, please?

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whoever you are are you objecting to a continuance that was called out the withdrawn

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and is your name daniel

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excuse me this is sharon saletta um i believe that the daniel is daniel marino

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Mr. Marino your case will be heard seventh on the list thank you. Vice Chair next we have I'm sorry

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that's okay yeah well Ms. Saleta I do see that as number seven okay Fatina. Next we have Rachel

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Pritzker she Miss Pritzker you've been unmuted you're free to speak please unmute yourself.

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Thank you, Fatina. I appreciate that. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

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Thank you. Rachel, did I call your cases continued?

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No, I wanted to request a continuance.

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Okay, I'll be announcing continuances, and then I'll request others.

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Thank you.

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are there any other hands there are no more hands vice chair

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okay um are there any requests for continuances

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and if there are please raise your hand

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good morning

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good morning rachel pritzker um do you want me to put my name back on the record again

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No, we already have it. Do you swear to tell the whole truth and nothing but the truth?

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Yes.

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Okay.

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I just wanted to request a continuance for 2442 North 20th Street.

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And that's...

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MI 2020-002957.

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Okay, it's number 10.

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okay is there anyone here on that case who has an objection to that

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calendar number 2957 2442 north 20th street is continued thank you thank you

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vice chair next we have hillary emerson miss emerson you've been allowed to speak please

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unmute yourself and wait for the vice chair

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good morning hillary good morning can you put your name and address on the record please

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sure hillary emerson e-m-e-r-s-o-n office of councilwoman sherelle parker

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okay and the case you're referring to as case number 19 on the list 534-42 west alney avenue

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yes there are no exhibits for that correct yeah our office has not heard from the applicant

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the rco may have had a conversation sorry i'm sorry to interrupt on vice chair but can we just

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wear her in quickly please yes yes do you swear to tell the whole truth and nothing but the truth

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I do. You're welcome. Yes, as far as we know, this case has not had an RCO meeting. And so we would request a continuance in this matter. Like I said, we have not heard from the applicant. They may have contacted the RCO, but there has not been a meeting held.

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Okay, and it's also the first listing. Thank you. Calendar number 2955-534-42 West Olney Avenue is continued.

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I'm sorry to interject again. Can we just make sure that there's no one there for the address?

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If you can, I knew you were going to say that. Is there anyone here objecting to that?

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I see no hands chair vice chair excuse me okay

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I'm sorry I see a okay the hand was up now I went down okay I have

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Cush Pettyway I'm gonna unmute you're free to speak please wait for the vice chair

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Cush

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kush can you hear me yes i can hear you good morning you're here uh requesting a continuance

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We'll see you next time.

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yes yes yes um yeah they continued um do you swear to tell the whole truth and nothing about

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the truth yes which case um 1813 north of the children street i guess the you need the id number

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number four oh number four yeah i'm new to this um yeah so it got pulled the art i mean the public

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meeting got postponed so i wanted to postpone uh the meeting today okay there we also have no

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exhibits so all the exhibits have to be sent in and this is the first listing is there anyone here

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on this case who would like to be heard

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I see no hands, Chair, Vice Chair.

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Thank you.

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Calendar number 2994, 1813 North Natrona Street.

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This case will be continued.

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Okay, Vice Chair, we have Ochi Haga, I hope I'm pronouncing the name correctly.

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You've been unmuted. Please wait for the Vice Chair.

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And unmute yourself, please.

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can you please good morning can you put your name and address on the record

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my name is chidozy or chair o-c-h-i-h-h-a first name c-h-i-e-d-o-z-i-e and the address is for

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534-42 west only avenue philadelphia pa do you swear to tell the whole truth and nothing about

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the truth. Yes. And what case are you referring to? This is for 534-42 West Omni. I think the

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continuance had moved forward. I was actually wanting to request for a continuance because

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we had a delay with the exhibit and we were not able to schedule a meeting with the RCOs yet.

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I ended up speaking to him last week, but we got a date for April the 12th. So if we could get

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something post April the 12th so we can meet with the community. Well that's good and that's 534-42

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West Olney Avenue? Yes Vice Chair. That is continued. Okay. Thank you. Thank you.

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vice chair i see no more hands okay calendar number 1535 2724 east somerset street

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there's a request from Dan McElhutton for a continuance attorney moving party

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is there anyone here objecting to this

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I see no hands vice chair thank you calendar number 1533 3112 West York street

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There's a request for a continuance.

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The attorney is Jared Klein.

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Ms. Chair, I believe that you already announced

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that that was continued and there were no objections.

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Okay.

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And that, I think that's the end of the continuances.

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There is, excuse me, this is Sharon Saleta again.

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And could you call number 15 and ask if anyone is present for this?

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There were no exhibits.

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It's the third listing.

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And Charles Richardson of Councilwoman Bass's office this morning asked that it be dismissed.

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Okay.

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Calendar number 00345, 3517 North 15th Street.

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Is there anyone here on this case?

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It's the third listing and there are no exhibits.

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Vice Chair, I have Anthony Scott. He's been unmuted. He's free to speak. Please unmute

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yourself and wait for the Vice Chair, Mr. Scott.

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Mr. Scott, can you put your name on the record, please?

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Good morning. My name is Anthony Scott. 3517 North 15th Street.

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

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Yes, ma'am.

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okay your case is being dismissed this morning it's the third listing and we have no exhibits

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okay your case is being dismissed this morning it's the third listing and we have no

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well i'm not sure why i've been dismissed um i just asked for um

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well it's being just it's being dismissed because there are no exhibits

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and it's the third listing i'm sorry are you referring to the poster that belongs outside

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no i'm referring to what you have to submit and that would be an exhibit packet with proof of

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ownership tax compliance refusal or referral photos plans of the property five days in

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advance of this hearing and you have to have met with the rco and have a letter i'm sorry i'm sorry

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chairman i'm chairman i spoke to the um all rco all the documents last year but uh everything

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had happened with the covet and um uh i couldn't you know have a meeting in person okay well this

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case is being dismissed. I'm sorry, so I had to resubmit everything? So you have to start over

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again, right? How do I go about doing that? You can speak to Ms. Sunkit. Okay. Yes, you can reach

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out by email to the RCO box that sent you the information. Because I have a RCO meeting

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agreement right here. You can speak to Ms. Sunkit. Okay. Sir, your case is dismissed, okay? So you

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can reach out to the RCO ZBA email box. Dismissed. Dismissed. Dismissed. Thanks, guys.

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okay i'm moving on to the um calendar number two seven six zero 1640 edgley street and are these

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being are these together miss saletta no they should be voted they were presented together

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but they should be voted separately okay so we hear no testimony this morning

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no the record is closed you announced at the last hearing that the record was closed and that you

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would vote it this morning thank you so i will repeat that calendar number 2760 1640 edgley

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street my vote is no my vote is no my vote is no my vote is no calendar number 3315

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52035 North 19th Street.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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Thank you.

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Calendar number 2987-1124 South 24th Street.

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The attorney is Adam Laver.

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Good morning. Mr. Laver, can you put your name and address on the record and spell your last name?

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Adam Laver, L-A-V as in Victor, E-R, Blank, Rome, 1 Logan Square, Philadelphia, PA-19103.

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

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Yes, I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do, Mrs. Tanara.

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Okay, you may proceed.

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Thank you.

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Madam Vice Chair, members of the board, I'm here this morning on behalf of South 24th Corner LLC and Jeff Frederick.

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On the screen before you is an aerial view of the subject property, which is located at the corner of 24th and Ellsworth Street.

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It is, I'm trying to show you with the hand icon, it's the green grass area right here on the corner.

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Just to the left is the single family residential dwelling.

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Here's another photograph showing 24th Street and to the left is Ellsworth.

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Here we are on Ellsworth so you can see the full lot.

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and you can see here at the corner that we are in an RSA5 zoning district. I'll note that you'll

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see this is a double wide lot and all of the lots next to it are single lots. Here is a copy of our

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refusal. We have submitted updated revised proviso plans to Ms. Saleta and to the board five days in

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advance and we have narrowed the number of refusals to only one before the board

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and we have narrowed the number of refusals to only one before the board, which I've highlighted for you.

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The proposal is for two single-family homes, and what's interesting is that in May of 2020,

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there had been two separate lots at this site.

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The lots were consolidated into one.

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If the lots had not been consolidated with the revised plans before you, we would not even be before the board.

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We're seeking to subdivide one lot back into two lots, and we are not able to meet the required 1,440 square feet per lot.

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Each lot is proposed as 960 square feet.

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There is an exception in the code at table 14701-1.

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If 75% of the lots adjacent to this lot were non-conforming in size, essentially, this would be over-the-counter.

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We are close to 75%, very close, but not quite there.

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So it's a very technical refusal.

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The Point Breeze Community Development Corporation has reviewed the proposal and has supported it,

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