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Hearing video

ZBA Hearing - April 28, 2021

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

my design professional and

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Annabelle Saleh present my case.

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Okay, well, you're going to have to do all the talking,

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okay? So she's not an attorney, okay?

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She could present this

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on the screen, but

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you're going to have to do all the talking, okay?

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Have you met with the RCO and have a letter?

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Yes.

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Thank you. Please proceed.

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We are applying for a variant for this property near the corner of Christian Street and 22nd Street, as presented on the screen.

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We are looking to add an additional floor, and that requires a variance because it goes above the height of 38 feet by 6 feet.

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And we presented the case to the RCO last week.

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and they uh came back with a proviso to add for us to add brick to the front facade from the first

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through the third floor and a mansard roof on the fourth floor addition uh and um

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maintain the our our tree that we have in front of our house during construction

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okay was that something you guys agreed to yes okay okay uh does the board have any questions

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no no okay is there anyone else here in this matter can i uh also add something or uh i'm

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not allowed to go ahead okay so uh in addition to that thank you sit for presenting so we we

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presented to the RCO and also we received the additional like support letters from the

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adjacent property. I'm sorry to interrupt you real quick. Do you swear on the firm to tell the

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truth the whole truth for nothing but the truth? Yes I do. Thank you I apologize. That's okay thank

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you. Yeah I wanted to we we sent all of the documents to you so you have copies of this

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but we received six letters of support on the from the neighbors that are adjacent to

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City and Rachana and also behind on the block and we also updated so we received the letter from

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the RCO and we updated our zoning sheet to show the the mansard roof as they requested it

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and the real brick facade and the tree we added a note that we will keep the trees throughout

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the construction. Thank you there's no revised plans right? This is the revised zoning sheet

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because we had originally a setback,

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but the RCO asked us to have a mensal roof.

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So we have a new zoning sheet, yes.

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Thank you.

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Sharon, will that be one page?

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They can't have it approved right now

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if they didn't submit it in advance

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with the revised plans form.

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Thank you.

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Can you hold us to vote till next week

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and I will talk with the architect?

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Yep, will do.

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Thank you.

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Is there anyone else here in this matter

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that would like to speak?

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Anyone else from the RCO?

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Mr. Plaza, I have a Sezgin Ibakan with their hand raised.

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Mr. Plaza, I have a Sesgan Ivakan

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with their hand raised, I will love.

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I will allow them to speak if that is okay with you, sir.

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Thank you.

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Hi, I'm Zoning Board of Adjustments.

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This is Josh Lippert and Sezgin Ibakan.

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We live on the 2400 block of Christian Street.

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Please spell your first and last name for the sonographer.

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Yeah, J-O-S-H-L-I-P-P-E-R-T.

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Do you throw on a firm to tell the truth, the whole truth, for nothing but the truth?

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Yes, we do.

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Please proceed.

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Yeah, so in terms of this matter, 2143 Christian Street have not proven a financial hardship

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nor uniqueness of this parcel warrants a variance to the adopted Philadelphia zoning code.

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Furthermore, in light of cries from the community for historic preservation and conservation

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districts due to the Doctors Road demolition on the 1500 block of Christian Street, it

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even more imperative that you factor in the character of the neighborhood and the impact

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of these six extra feet above the height limit on a street full of three-story brick homes.

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As owners on the 2100 block, we recently did an addition to add bedrooms to our

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property in the rear of the property. This proposal, this architect did not study a rear

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addition as part of this project. For dimensional variances, the zoning board may consider economic

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detriment and financial burden the applicants have not shown financial burden nor study nor

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have studied a rear addition that would be as of right the property does not have unique physical

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conditions that would limit an as of right project to gain the square footage that the applicants

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seek the character of the neighborhood will be impacted by the six extra feet of height

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to the to the existing three-story brick homes that are character defining along christian street

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A variances for the lifetime of a property, in this case an entire fourth story, six feet above the height limit, will permanently impact lightened air of nearby residents and users of Christian Street, well beyond the lifetime of the applicant's family needs.

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Thank you for our testimony.

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Thank you. Anyone else?

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Hello, may I respond?

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uh briefly okay thank you um uh chairperson i would just like to add that uh the additional

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bedrooms are are are the uh components of the fourth floor edition and they are needed for my

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my two children who are uh growing up and also to accommodate uh another bedroom for my mom who will

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be living with us soon. Thank you. Anyone else? No further hand at this time, Mr. Bella. Thank

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you. Planning Commission? Thank you, Mr. Chair. Ian Hegarty for the Philadelphia City Planning

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Commission. The comprehensive plan recommends no change to the existing residential multifamily

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zoning at this location. The appellant has not demonstrated a hardship in this case. Dimensional

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variances require the appellant to show that the dimensional requirements of the zoning code impose

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a financial burden. I don't think that they've done so in this case, and so the City Planning

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Commission would recommend that the board deny the variance. Thank you. Calendar number MI2020-003420-2143

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Christian Street. This

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case will be voted

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next week, pending

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receive of other

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documents that we need, okay, for the revised

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plans. Thank you.

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Thank you.

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You're welcome. Calendar number

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MI2020-000549-3400

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North 19th Street.

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no hands for this matter sir no hand who the poses uh was this a first listening uh sharon

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i'm trying i'm looking that up now mr plaza um

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It was, and given the, given the MI number, I would imagine this has been listed at least once before, it's an MI2020000549.

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Okay, so for this case, yes Jason?

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Call on user one has their hand raised, I will allow them to make them a pen for right now.

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Make them a pen on this right now.

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okay

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Okay.

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You can just allow them to speak.

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Oh, okay.

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I believe that's Ms. Hernandez.

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Call in user number one.

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Please identify yourself for the record.

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This is Adrian Hernandez.

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I'm from the Neighborhood Partners Association, RCO.

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Can you please spell your last name for the stenographer, please?

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Yes, F-E-R-N-A-N-D-E-Z.

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

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Yes.

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Please proceed.

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I turned in a miswritten testimony for Swampo to RCO, and the RCO coordinator is Taube United, Inc., RCO.

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I'm not sure if you have a letter from them.

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His name is Fernandez. This is Sharon Saleta.

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We do, and I noted it in the board summary.

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you can't go into the detail to the substance of the case without them here but i did check this

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out it has been listed multiple times in the past i got this yeah thank you miss fernandez

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can i ask you one more question can i ask one more question yes um is it possible to request

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dismissal if no one appears. Got it. Thank you. Calendar number MI 2020-000549-3400

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North 19th Street will be dismissed. Dismissed. Dismissed. Thank you. Calendar number MI 2020-002038-4036

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Spring Garden Street. Mr. Anastasio. Mr. Anastasio has been promoted to panelists.

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Good morning, Mr. Anastasio. Can you please identify yourself for the record?

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Yes. Good morning. Vern Anastasio, 1315 Walnut Suite 1006, Philadelphia 19107.

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Thank you.

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

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I do.

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Do you agree to waive the region of his refusal and stipulate to its accuracy?

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I do.

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos, and plans five days prior to this hearing?

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I have.

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Also, have you met with the RCO and have a letter?

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Yes to both.

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Thank you.

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Please proceed.

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Okay.

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I'm sorry. Did I miss a spelling of your name? Did I miss that?

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I'm sorry. Can you please spell your name?

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Sorry, Ms. Sunkit. A-N-A-S-T-A-S-I-O. First name is Vern, V like Victor, E-R-N like November.

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Thank you. Please proceed.

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Thank you.

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Just bear with me while I share my screen.

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okay we are looking at 4036 spring garden street today it's pretty straightforward the application

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is for a multi-family household living it's a three dwelling uh unit in an existing structure

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it has been if you look at the notes to the zoning board calendar number five one one three three

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The ZBA granted a three-family dwelling back in 1959, and that has been, was, and continues to be the use.

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Here's our interior layout so you can see.

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We've got your first floor from a porch, two bedrooms and a laundry room.

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that also comes with the full basement we've got a second floor apartment and we have a third floor

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apartment as i said rather straightforward i'll show you some photos

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of the subject property you can see here on my on our right evidence of the multifamily electric

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meters. That's across the street. That's the rear. Everyone has access to this side here for trash.

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Here are some photos, we have 3D, I'm going to jump to property.

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property history this also goes back quite a ways three family dwelling

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and then page 44 i believe we have an old-fashioned city cert

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yep city of philadelphia certificate of legal use three apartment dwelling

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and that's what it's always been um and here's another certificate as well we met with spring

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garden and i believe miss pamela andrews sent over actually i know she sent over uh tally

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with overwhelming support for uh for the uh variants we sent that over to uh zoning board

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attorney, Saleta, this morning. We got it. Excellent. 143 pieces of mail went out. It was

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well attended. And with that, I'm going to rest. My client is not here today, but as an officer

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of the court, I asked for the record to reflect that he would adopt my presentation as his own.

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Okay. Is there anyone else here in this matter?

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Mr. Plaza, I have Mr. Andrew Goodman. I will allow him to speak at this time.

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Thank you. Good morning, Mr. Goodman. Please identify yourself for the record.

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Yes, Andrew Goodman, A-N-D-R-E-W-G-O-O-D-M-A-N. Here representing the Office of Third District

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Councilmember Jamie Gaudier, room 586 City Hall. Thank you. You swear or affirm to tell

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the truth, the whole truth, for nothing but the truth? Yes, I do. Thank you. Please proceed.

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Thank you, Mr. Chair, members of the board. Our office has no opposition to this variance

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application this morning. Thank you. Anyone else?

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No further hand at this time, Mr. Plaza. Thank you. Does the board have any questions? No.

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Thank you. Planning Commission. Thank you, Mr. Chair. Ian Hegarty on behalf of the Philadelphia

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City Planning Commission. The comprehensive plan recommends a zoning map change to RTA-1-2 family

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zoning at this location. We also note that the proposed use is consistent with documented previous

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uses on this property, and so the City Planning Commission would recommend that the Board grant

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the variance. Thank you. Calendar number MI 2020-002038, 4036 Spring Garden Street. My vote is yes.

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

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Calendar number MI 2020-000112, 4829 Longshore Avenue.

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I'm waiting to be dis-promoted, or whatever you want me to do.

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Now what this one has no exibis-es-es.

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Mr. Plaza, I have a Patrick's Note 20 Ultra with their hand raised.

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I will allow them to speak.

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Patrick.

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Hello, Patrick.

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Can you hear me?

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Yes, are you here for this case?

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Yes, I am.

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Please identify yourself for the record.

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My name is Patrick Hopkins, P-A-T-R-I-C-K-H-O-P-K-I-N-S.

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You swear a firm to tell the truth, the whole truth, for nothing but the truth?

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Yes.

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What's your relationship to this project?

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I am the current tenant at this project.

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Okay, you're not the, you're the applicant?

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Yes.

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Okay.

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Excuse me, we have no exhibits.

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