civus
Hearing video

ZBA Hearing - March 17, 2021

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

You were actually presenting the case.

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If there are additional arguments that the,

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that Ms. Granados would like to present,

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she can do that at this time.

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Thank you, Sharon.

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Certainly.

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So we will go back to the initial refusal that's on the first page.

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And as you'll see, the refusal was based on the property line.

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And we just wanted to point out that the design is not, the porch enclosure does not change

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any of the front setback. It's built exactly on the existing porch.

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Thank you. Anyone else?

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I see no more hands, Secretary.

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Thank you. Planning Commission.

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Planning Commission. Good afternoon. This is Paula Brumbelow-Burns with the City Planning

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Commission and I have yet to be sworn in.

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Are you sworn to affirm to tell the truth, the whole truth, for nothing but the truth?

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I do. Please proceed. The comprehensive plan recommends no change

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to the existing residential single-family zoning at this location. The Planning Commission

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has worked directly with the Strawberry Mansion Coalition to create regulations that would

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preserve the openness of front porches. This property, because they are closing in their

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front porch, has triggered variances. So accordingly, the Planning Commission recommends that the

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Zoning Board deny the variance.

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Thank you. Carol, you want to take it over?

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Okay, for voting?

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Yes.

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um why don't you do that because i can't okay you just got that okay board has uh any questions

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no sir okay uh all right calendar number yeah right i just lost it i'm sorry calendar number

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MI 2020-00-3040-3237

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West Montgomery Avenue.

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My vote is yes.

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My vote is yes.

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Good luck.

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Carol, we are number...

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16?

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15.

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15 was dismissed.

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Yep.

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15 was dismissed.

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missed. You got a 16. I'm sorry. Okay. Calendar number 0089 3801 Brown Street.

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calendar number 0089 3801 brown street the attorney is isaac slepner or michael maddione

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this is sharon saleta we received um an email from councilwoman gauthier's representative

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andrew goodman saying that the councilwoman has no objection in this case thank you miss salata

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Mr. Mattione has been promoted to panelists.

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Thank you.

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Mr. Mattione, can you put your name and address on the record and spell your last name, please?

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Sure.

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Michael Mattione.

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That's M-A-T-T-I-O-N-I.

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Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia, 19106.

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

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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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I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral, photos and or plans, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to everything.

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Thank you. You may proceed.

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Madam Vice Chair, this and the next case, 3860 Brown Street.

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I presented the documents at the same time.

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Okay.

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We'll hear them together.

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Thank you.

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Calendar number 0091-3860 Brown Street.

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Yes, thank you.

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All right.

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Again, this is the third time we're here.

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This case has a long history.

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it was a pre-pandemic case. We met with the RCO. They originally opposed it. We came in and met

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with the zoning board. They asked us to go meet with the RCO again. We ended up with several

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different meetings with the RCO. And based upon those meetings and the encouragement of the

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zoning board, we were able to resolve all of our issues and get the support of the community. Now,

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The refusals are almost the same for both. We are proposing six units on each lot, one at 3801 and one at 3860 Brown.

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They're at opposite ends of the block and they are at the ends of the block.

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So we have two refusals, one for the number of units and then one for not meeting the 25% open area requirement.

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again here's the second refusal and again it's the same slightly different on the percentage but

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the same basic refusal and i wanted to show the um rco letter as you can see there was the last

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rco meeting on january 6th we had 29 people in support five people opposed and five people who

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decided not to oppose or abstain.

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And this was a hybrid meeting, there were 11 people there in support.

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I was on Zoom, the client was on Zoom, obviously many of the other people were on Zoom.

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And the letter that they sent in also shows the long history of how we had a meeting in

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August, a meeting in September, and then another meeting in January.

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and the final position was one of support.

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Okay, like I said, these properties are unique in that they are on opposite ends of the block.

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They're the only detached lots, meaning they have alleys totally surrounding them.

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The rest of the block is a bunch of a row of houses, although there are 17 vacant lots,

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but they are the same house on either side of the street, except for these two properties,

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which as you can see at the end we have nothing we have an alley on either side of us so we are

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not connected to any other property so we're unique and we're our standalone properties

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and that's at both 3801 and 3860 they just happen to be at opposite ends of the block

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here's the the floor plans the floor plans are basically the same for each you have a bi-level

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unit, first floor, and the basement with the kitchen and living area in the basement, and

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one bedroom on the first floor, and then the second and third floors each have one-bedroom

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units, and then there's a rooftop deck, but that's only for access for mechanical and

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other maintenance uses, not by the residents of the building.

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Again, we have a brick facade, as was requested by the neighbors, and that's similar on both.

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Here are some renderings just showing. Again, this is 3801. Can you rotate that?

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Here are some renderings just showing, again, this is 3801.

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Thank you.

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Okay, sorry about that. I don't have to hurt your neck bending around. Anyway, so there is the 3801.

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38.01

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38.01

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and from the rear

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and then

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this is 38.60

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I want to go down and show

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the floor planes are essentially the same for 38.60

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I do want to show the renderings for 38.60

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and 3860 there's a row this row is all three stories worth three stories this is a three

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story building on the corner as well again we have an alley on this side and an alley on this

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side we are not connected with the rest of the properties on the block so that's 3860

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and like i said my my client spent a lot of time meeting with and talking to the residents on the

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block and that led to they're agreeing to support this project and again it's a

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unique project we have on the end of the block both blocks we have a standalone

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properties the only ones and the ones on the corner are multifamily there are on

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this block eight other multifamily uses along with some single-family as well

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and 17 vacant lots and five other properties or structures that appear to

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blighted and vacant and not used. So this is an area that's difficult to build in. My client,

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in meeting with the community, they appreciated his rent points, which would be relatively low.

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He can discuss that if you have any questions. And again, given what's surrounding this,

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several multifamily projects, including one at 3854 that was recently approved by this

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board. We believe that these projects, given the support of the community, after meeting

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with and working with the community, really do meet the requisite hardship to be approved.

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I would like to call on my client, Eugene Nidovich, to have him promoted.

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Mr. Mariana, you've met with the Mantua Civic Association on both?

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Yes. There's one letter.

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It's a letter of support.

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The letter is a support, but it addresses both addresses at the top.

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I can scroll back up to that as well, Madam Vice Chair.

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And our attorney just said that Councilwoman Gaultier has no objection.

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Yes, that's what I understand. Oops, sorry, I'll rotate that.

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Oh no, come on. I'm getting there, I'm getting there, I'm sorry.

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There, and as you can see,

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there's a lot of support. Yeah, there's a lot of support, and at the top of the letter it has both

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both addresses on it, 3801 and 3860. But I would like to have Mr. Naidovich promoted.

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Mr. Naidovich, please unmute yourself and wait for the vice chair.

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Hello, can you hear me? Yes, can you please put your name on the record and spell your last name?

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Eugene Nidovich, N-A-Y-D-O-V-I-C-H.

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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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Okay, Mr. Matione.

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Thank you.

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Eugene, did you hear my statements?

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Yes, I did.

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And are they true and correct?

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Yes, they were.

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And do you adopt them as your testimony?

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I do.

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Thank you.

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I have nothing further unless there are questions.

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Does the board have any questions?

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no no no is there anyone else who would like to testify please raise your hand

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i see no hands vice chair okay planning commission

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hi this is paula brumbalo burns with the city planning commission

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um i have a question can we clarify a question with the applicant it looked like the letter from

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Mantua Civic made a proviso that they were going to, the applicant was putting in affordable housing.

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If that is the case, will they be having deed restricted units and can they confirm what the AMI is?

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We are not, that was not a proviso in the letter.

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That was not a proviso in the letter.

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The letter said, based upon compromising benefits met with nearby neighbors and the consideration

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of affordable home ownership opportunities in the future, the residents voted to support

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for these two parcels.

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It was not a specific requirement that we have affordable housing as defined in the

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zoning code for this project.

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Thank you. I lost my recommendation. I'm sorry. Chairwoman and members of the board. In 2017,

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the zoning map was amended from RM1 to RSA5 at this location. In accord with the recommendations

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from the comprehensive plan and with the support of the community, the proposed variance will

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adversely and substantially affect the implementation as an adoptive plan for the

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area where the property is located. The applicant has not demonstrated the development is restricted

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by unique physical circumstances or conditions of the property. Finally, six-family use on

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this lot is an overuse and the building is designed exceeds the dimensional standards

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for... Sorry, technical difficulty for a minute. Applicant, please forgive me.

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Finally, six-family use on this lot is an overuse and the building is designed exceeds the

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the dimensional standards of the lot for open space,

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which shows that there is an overuse.

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The city planning commission recommends

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that the zoning board deny the variance.

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Thank you.

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Calendar number 00893801 Brown Street.

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My vote is yes.

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Calendar number 0091 3860 Brown Street.

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My vote is yes.

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My vote is yes.

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Is that to both Sharon?

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yes yes yes that's fine yes yes to both no to both

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calendar okay thank you calendar number 2989 3924 haverford avenue the attorney is john joe

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consul excuse me before you start on that can i just confirm that the vote was three yes one no

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Yes.

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Thank you.

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Sure.

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Mr. Consul has been promoted to panelist.

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Mr. Consul.

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Mr. Consul, can you put your name and address on the record, please, and spell your last name?

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Yes, Joseph Consul. That's C-O-N-S-O-L-E. It is 1 West 3rd Street, Suite 204, Media, Pennsylvania,

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1-9-0-6-3. Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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

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I do. Have you emailed the exhibit packet with proof of ownership, tax compliance,

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refusal, referral, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter? I have. I did. And we have one, yes.

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Okay. You may proceed. Hi, everyone. Joe Consul here. How are y'all doing? I'm here on 3924

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Haverford Avenue, owned by GLY Investments. German Yakubov is on the call as well. He is the owner's

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