civus
Hearing video

ZBA Hearing - April 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20217h 7m

This is 25th Street. Stillman Street is here.

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The zoning map shows us that a large portion of Cecil B. Moore is RM1, which would allow multifamily buy right.

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But this portion here is zoned to RSA 5.

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Just to give the board some context as to what the actual condition on the ground is,

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there are a number of properties in the immediate surrounding area that have multifamily zoning right now.

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1705 North Stillman is two-family, 1708 North 25th is two-family, 1706 North 25th is a five-family,

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1704 North 25th is three, 1702 North 25th is three, and then all along Cecil B. Moore here we have

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unit sizes ranging from three to five dwellings. So the entire area surrounding the subject parcel

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is already being used for multifamily purposes.

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This is the property here, shown from a couple different angles,

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and photos of posting and the surrounding area.

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There is a church located across the street from the subject parcel

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and a vacant parcel here.

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Photos of posting at the property.

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and floor plans showing the conversion of what was the takeout area to a residential dwelling unit.

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takeout area to a residential dwelling unit. As I mentioned, we did meet with the 32nd Democratic

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Ward. That meeting took place on March the 15th. We did have a couple of attendees,

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including Judith Robinson from the 32nd Ward, Mary Jones from Council President Clark's office,

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and a neighbor or two. We did not receive a position letter from the RCO, but I am including

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the certificate of mailing, so the board can see that we did send out 204 pieces of mail

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and we did have that meeting, although the RCO has not provided a letter.

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We think that with the immense amount of surrounding multifamily use that it's contextually appropriate

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to use the site for four families.

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And I'd also note that this block of Cecil B. Moore is not part of the general commercial

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corridor so we're not taking away from the business improvement desires of the area we're

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really being more consistent with the residential uses that are around us i'd like mike randolph

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if he's online to virtually raise his hand so he might adopt my testimony mike if you're there

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can you hit the raise your hand button

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and if he's been allowed to speak sir

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mike can you just wait a moment and be sworn in sir can you uh please identify yourself for the

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record yep mike randolph spell your last name for the sonographer please r-a-n-d-o-l-p-h

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your address uh 2932 nicholas street

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okay do you swear affirm to tell the truth the whole truth from nothing but the truth

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yes please proceed thank you mike did you have a chance to listen to my presentation this morning

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yes and do you adopt my statements as true correct in your own testimony yes i do thank you

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uh we don't have anything further mr chair thank you is there anyone else here in this matter

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no hands at this time mr plaza thank you does the board have any questions no no you planning

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commission thank you secretary plaza in 2014 the zoning map was amended in this area from

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rm1 to rsa5 and accorded recommendations from the comp plan however the property as noted by

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Council has a documented history of multifamily use and many adjacent non-conformities. Therefore,

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the City Planning Commission would recommend that the Board grant the variance. Thank you.

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Okay. Calendar number MI 2020-003419 1700 North 25th Street. My vote is yes.

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My vote is yes. My vote is yes. Thank you very much. Good luck.

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um chair if i could interrupt for one minute um i just wanted to let you know that there is an

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add-on that is not on your list i'm going to send you the information on that right now in a text

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okay thank you you want me to do it now or after um you can just call the next case and gotcha

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Thank you. MI 2020-001-082-1714 North Bouvier Street.

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Mr. Jin has been promoted to panelist.

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Thank you. Mr. Jin, please identify yourself and you are on the road from this morning.

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Yes, good morning, Zen Jin, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia, PA 19103, here on behalf of the applicant.

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Please proceed. Oh, I'm sorry. I'm sorry. Do you agree to waive the reading of his refusal and stipulate to its accuracy?

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I do.

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Thank you. Have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this

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area? I did. Also, have you met with the RCO and have a letter? Yes, we have actually multiple

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letters and I'll discuss that during the presentation. Thank you, please proceed. Thank

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you. I'm going to share with the board the information relating to this case.

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so we have submitted the refusal the beach community services letter in opposition

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map holistic cdc's letter in support community land trust corporation's letter in support

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photos plans tax clearance and other related documents i want to address the letters first

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but before we do that let's first understand what we're here for this is a refusal

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first understand what we're here for. This is a refusal based on a RM1 overlay district.

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So,

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The use and other design aspect of this is by right. The only variance we're asking for is a

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three-foot variance of the rear yard. So it's a dimensional variance for three-foot

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of the rear yard depth area. The Beach Interplex who hosted the meeting for this case

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issued an opposition of this case based on seven votes out of 13 attendees.

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Some of the other RCOs were actually in attendance and disagreed with the way the vote went.

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Their main reason for opposing this application is they don't want more housing built,

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particularly student housing in their view.

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Secondly, they do not believe they want any more multifamily housing on the block,

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despite the fact that this is an RM1 block with a by right use. And finally, the argument was

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there's no plans for maintaining trash, which is because they also opposed the by right roof deck,

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which was put there to help maintain trash for a duplex. So the trash would be stored one in the

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rear yard for the first unit, and second on the rooftop deck for the second unit, keeping it out

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of the street until such time they're picked up. My client went a step further and offered to have

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trash enclosures in the rear yard and on the roof deck so that the trash is never even left out.

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The cans would actually be in an enclosure. However, we still received opposition from

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Beach based on that information provided. However, both the other RCOs understood that this is a

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variance for three-foot rear yard, which incidentally no one at the meeting had opposition to

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because most of the time the community actually prefers smaller rear yards so that people don't

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party in them. So Beach opposed MAP and Community Land Trust, two of the other RCOs both supported

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it. Again we're building next to what is an existing new structure and this building will

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be replaced with a very similar building to what is next door. What we're asking for is really

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pretty consistent to all new constructions on that block. It is also a multi-family zone block so

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So despite the fact that the neighbors don't like multifamily uses, we're going with the minimum of two units, which is by right under the code as well.

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The plan is to have the unit proposed as seen here.

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The only difference main thing we're asking for is a smaller rear yard, which while some of the yards nearby are a little bit larger,

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this proposal isn't inconsistent with some of the other rear yards for some of the newer buildings

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being constructed in the area. So we would ask, based on the de minimis variance that we're

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seeking, that the board vote favorably for this matter. I am certainly happy to answer any

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questions relating to the design or other aspects of this case. Thank you. Does the board have any

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questions? Yes, Mr. Chairman. Counselor, what is the hardship for a smaller rear yard?

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Generally speaking, the hardship isn't to the land here specifically. However, as you know,

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with Temple area, a lot of times the rear yard spaces, the larger rear yard spaces,

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actually end up being used for activities that the neighborhood actually don't want.

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What we're trying to do is actually provide a little more space on the interior rather than

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having a large rear yard, which can be used more for other activities. The open space

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impact here is minimal as well, because most of these multifamily buildings in the area

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also has a real yard on the other end.

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So they're not that close.

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There's not a lot of shadow and light issues

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for the neighbors.

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And again, this is actually not the one,

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this is the one issue that the neighbors

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didn't have an issue with.

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Thank you.

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You're welcome.

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Is there anyone else here in this matter?

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I believe my client should be here,

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Mr. Alex Coppa.

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Okay.

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Please raise your hand if you're in the virtual audience.

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Okay.

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I don't believe I see him, sir.

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All right.

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Anyone else here in this matter?

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No other hands at this time, Mr. Plaza.

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No other hands at this time, Mr. Plaza.

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No other hands.

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No other hands, okay.

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Okay.

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Planning Commission.

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Thank you, Secretary Plaza.

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Ian Hegarty for the Philadelphia City Planning Commission.

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In 2014, the zoning map was amended in this area in accord with recommendations from the comprehensive plan.

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However, this parcel was not changed.

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It remains R-M-1, as noted by Council.

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We believe the proposed dimensional variance is minimal and does not conflict with the purpose and spirit of the zoning code,

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and we would therefore recommend that the board grant the variance.

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Thank you. MI 2020-001082-1714 North Bovier Street, my vote is yes.

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My vote is yes. My vote is yes. Good luck. Thank you.

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I'm sorry, let's go back to this add-on real quick. MI 2020-001-317-3101, Cotman Avenue.

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This is a resumption hearing from, I believe, back in March 10th.

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Mr. Consul has been promoted to panelists, sir. Thank you.

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Mr. Consul, good morning. Please identify yourself for the record.

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Good morning, Joseph Consul. Consul Madison LLP, 1 West 3rd Street, Suite 204,

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Media, Pennsylvania, 19063. You swear and affirm to tell the truth,

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the whole truth for nothing but the truth? I do.

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thank you please proceed uh so i had emailed about this because i didn't hear it in the original call

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this morning as being a resumption hearing uh my client i believe signed off do you want me to try

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to get them uh back on here we had presented this case originally on march 10th uh and an email we

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got five minutes ago said you don't need to appear but then sharing email means that you do need to

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appear uh so i think i'm sorry mr council you're right the confusion is my fault um i think you

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also had a continuance request in another case that's correct and that was what I was saying

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you didn't have to appear for as far as Cotman it is an add-on case it's a resumption hearing it

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doesn't include on the on the regular hearing list which is why Mr. Hand didn't know about it

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would you like us to move you to the end of this list so you can contact your client or

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because I think this is only for feedback regarding the RCO position is that correct

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I'm not certain that we need my client.

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We presented the full case.

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The Planning Commission weighed in.

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Yes, I have that.

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The Planning Commission testified in support.

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So if your call, if you'd like to do it now and just give the board information on the RCO's position.

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Yeah, I'll do it now.

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We had originally met with the Mayfair Civic in November, on November 16, 2020.

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At that time, they did not issue a letter.

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We went back and forth with them.

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the next time they were willing to hear us was March 15th,

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which was after the scheduled date for our last CBA meeting.

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I came on, I explained that.

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Frank at the time said, all right, we'll present

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because we sent in all the proofs that we had notified everyone.

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And so we presented the case and we met with the RCO again

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the following Monday.

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Again, they have not issued a letter, and so that's where we're at.

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We don't believe this case is controversial, and like I said, it's just a situation regarding the RCO.

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Thank you. Give me one second, counsel.

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Thank you.

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Okay. Thank you, Mr. Counselor. I apologize for that. Does the board have any questions?

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No. Okay. We already have planning commission's input. Okay. Is there anyone else here in this

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matter? No other hand to this time, Mr. Plaza. Thank you. All right. So calendar number MI2020-001

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317-3101

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Cotman Avenue.

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My vote is yes.

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My vote is yes.

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My vote is yes. Thank you. Good luck.

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Thank you, everyone.

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Okay.

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MI

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2020-003-420-2143 Christian Street.

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2020-003

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420

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20

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And I'll see you next time.

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hi good morning can you please uh identify yourself yes good morning um annabelle saleh

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s-a-l-l-e with toner architects um location 1901 south 9th street philadelphia

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19148 are you the architect of this project yes correct are the owners here yes okay sir can you

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please identify yourself for the record? Yes, of course. My name is Siddhartha Reddy, S-I-D-D-H-A-R-T-A.

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Last name is R-E-D-D-Y. I am the homeowner and applicant at 2143 Christian Street, Philadelphia,

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PA, 19146. Thank you. Do you swear on a firm to tell the truth, the whole truth for nothing but

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the truth? I do. Thank you. Do you, have you emailed an exhibit packet with the required

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documents, proof of ownership,

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proof of tax compliance, copy of the

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refusal or referral,

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photos and plans five days prior to this hearing?

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Yes.

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And I would like to

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elect to have

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