civus
Hearing video

ZBA Hearing - November 18, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 18, 20204h 3m

I've made four visits by the subject property on Friday, 1113 and Tuesday, 1117.

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Identify the property, please.

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Subject property is 5909 Elmwood Avenue, MI 2020-001-222.

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There is no zoning notice visible from the street.

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And in speaking with Ann Brown, the ward leader for 40B,

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she believes that her constituents in that division would be opposition to this

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excuse me excuse me this is Sharon Saleta I also have no record of having received exhibits on this

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case all right hold on one minute Mr. Melodosian yes sir I see that Mr. Beller is listed as the

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attorney is joe beller on actually no chair he's listed as the appellate just for the

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applicant for the case oh yeah so he made the application but in my experience he would not

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be presenting whomever takes over however we would have to contact them directly because it

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It could be that the attorney's office is not aware that this was a case under him.

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Okay, thank you. All right, Mr. Melodosian, we don't have any exhibits anyway, so this case is going to be continued.

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Okay, thank you.

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All right, Mr. Melodosian, we don't have any.

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Thank you very much.

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Thank you. MI 2020-001222, 5909 Elmwood Avenue is continued.

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Chair, we have one more hand, Mr. Charles Richardson.

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Good morning, Mr. Richardson. Please identify yourself for the record and I'll swear you in.

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good morning mr chair charles richardson from the office of councilwoman cindy bass room 312 city hall

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we're going to tell the truth the whole truth nothing but the truth i do okay what case are

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you calling about mi 2020 001 200 1127 west winga hocking street uh i am aware that the uh applicant

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has had a very difficult time trying to get an RCO meeting because the Logan Civic Association

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opted not to do any RCO meetings after they had been assigned to them. We've been working with

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planning and we do have an RCO that's nearby that will be willing to do an RCO meeting for them,

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the Logan Community Enterprise Center. I was wondering if Mr. Anastasio is on the line

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And, you know, we get to ask for continuance or if he wants to do a hear and hold or something along those lines.

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But we definitely want to be able to hook them up with the Logan Community Enterprise Center.

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Thank you. Is Mr. Anastasio on?

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Yes, he's available.

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Mr. Anastasio, please identify yourself for the record, spell your name, and I'll swear you in.

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Good morning, Mr. Chairman. Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Suite

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1006, Philadelphia, 19107.

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We're in the firm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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You've heard the request from Mr. Richardson on behalf of Councilwoman Bass?

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Yes, I have. And he's right. We've had a heck of a time trying to get an RCO meeting together.

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I have also had my office email Mr. Richardson and Mr. Barge.

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This is the first that I'm hearing that there's an effort being made to have a meeting.

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And I'm certainly willing to go ahead with that.

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I would respectfully request, given the amount of time that has passed in trying to get something together with the community, that we do do a hearing hold if everybody's okay with that.

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Okay, it'll be a resumption hearing.

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Okay.

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Mr. Richardson?

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I'm sorry.

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Yes, Tanya. I thought we were no longer doing those. If he wants, I could work with him to schedule him.

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We're not doing resumptions. Well, I thought we were no longer going to do the hearing resumption.

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Oh, OK. I'm sorry. I think that we will be doing them only in cases where there's something minor that we're waiting for.

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OK, not in cases where there has been no RCO meeting yet.

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All right. Understood. All right. So Vern, we're going to get you a hearing ASAP. All right.

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Yes, sir.

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We'll continue and go from there. Mr. Richardson, we'll continue the case and we'll try to get a hearing.

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Tanya will do our best to get a hearing as soon as possible.

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Yeah, I'll take care of Vern. No problem.

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Thank you, Ms. Sutherland.

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Thank you. MI 2020-001200, 1127 West Wing of Hawkins Street is continued.

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Any other requests?

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No hands, Chair.

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Okay, with that, we'll begin our hearings.

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Before we do, we have a couple of some unfinished business on the delay list.

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Calendar number 36463, 1706 North 2nd Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you. We have two other requests for rehearing MI 2020-00106760 North 23rd Street. My vote is yes to rehearing reconsideration and rehearing.

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thank you I got stuck yes yes to reconsideration and rehearing yes to reconsideration and rehearing

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thank you the next one MI 2020 that's 000673332 West Wildey or Wildey Street my vote is yes to

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reconsideration and rehearing yes to reconsideration and rehearing yes to reconsideration and rehearing

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Yes, to reconsideration and rehearing.

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Yes, to reconsideration and rehearing.

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Yes, to reconsideration and rehearing.

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Thank you all.

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Okay, we can proceed with our first case, MI 2020-001223, 1220 South 27th Street.

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The attorney is Henry Clinton.

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Good morning, Mr. Clinton.

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Please identify yourself and we'll swear you in.

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Good morning, Mr. Chairman, members of the board. Henry Clinton, 1313 South 33rd Street, Philadelphia PA, 19146.

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Thank you. Swear and affirm to tell the truth, the whole truth and nothing but the truth?

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I do.

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Thank you. Madam Vice Chair.

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I'm sorry. Could we give it one minute?

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Yes.

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And something's wrong with your audio.

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My audio?

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No, Ms. Keisha.

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oh sorry all right no it's not doing good

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okay we're ready uh miss sonka can i share okay so so you've put your name and address on the

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record you're sworn in yes mr clinton and do you agree to wave and stick yes i do have you

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emailed an exhibit packet with the required documents, which include proof of ownership,

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tax compliance, a copy of the refusal or referral, photos and plans of the property five days in

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advance of this hearing, and have you met with the RCO, and do you have a letter? Yes, I do,

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Mr. Nairn. Thank you. You may proceed. Is this large enough my exhibit? Yes. Okay. Good morning,

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Mr. Chairman, members of the board. Henry Clinton on behalf of 1220 South 27th Street, LLC.

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The principal of that LLC is on the call with us. This is a property at the corner of 27th and

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Oakford Street. There's already a zoning permit in hand for commercial on the first and two units

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above. The request is to do away with the commercial and just to down zone it to two units.

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That's a quick summary of the case. Here's a table of contents, AA through A11, all my exhibits.

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Appearance statement. This is the refusal. This is a CMX2 zone. All the properties on this block,

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however, are residential except for one corner store. And again, this is a request to down zone

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from an existing commercial unit on the first floor and two units above. And the refusal indicates

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that in the CMX2 zone, you have to have commercial along the ground floor within the first 30 feet

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of the building depth. So we're looking to do away with that. We have a letter of support

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from the residents organized for advocacy and direction. It's a recognized RCO in the

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Grace Ferry neighborhood. They are supporting this project.

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Photos. This is looking south on 27th street. The property is currently a vacant lot. You can see

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this is a residential single family. This is residential here. There's a corner store

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all residences here on the entire block.

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An aerial view, just to give you some perspective,

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this is Grace Ferry Avenue, we're looking west.

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This is Diamond Tool, this is 27th Street,

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and this is the corner property here at 27th.

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I said Oakford to Main Street here,

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the small street is Ingram Street,

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so it's really at the corner of 27th and Ingram Street.

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A closer view of the existing lot.

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These are the proviso forms in the event

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that the board votes in favor of this project.

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It would be one page sheet Z1 to be stamped.

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Here are the plans.

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This is the plan for the property.

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It will be a residential unit on the basement of first floor,

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another unit on the second and third floor.

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And again, not to keep beating the drum,

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but the commercial space on the first floor

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is not really viable on this block.

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The commercial corridor is on Washington Avenue, which is two blocks away from this property.

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And in the midst of this pandemic, a commercial setting in this venue really is not going to make it.

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And that's been confirmed with contacts with several commercial brokers.

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This is a side view on Ingram Street.

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There will be an entrance on the side as well as an entrance on the front.

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these are the floor plans lower floor basement

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these are the floor plans lower floor basement of first is one unit second and third is another

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unit rooftop deck set back appropriately from all sides there's no request here for any relief with

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regard to height open space or rear yard and what i wanted to show the the board besides the deed and

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all the insular information here's a tax certification is the actual there's our mailings

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but here's the actual permit that is in play now indicating two-family household with commercial

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space so again our hardship is that the commercial space in this residential setting is really not

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warranted commercial corridors on washington avenue and it's really a decrease in density

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which the community supports i don't know if there's any questions from the board but i'd

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like to have uh mark clinton uh unmute it and then he can adopt my testimony

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Mark, are you on the line?

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Can you unmute Mark Clinton?

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if we're unable to get him uh as an officer

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okay okay good afternoon good morning sir please identify yourself with the record spell your name

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my name is mark clinton last name spelled c-l-i-n-t-o-n we're going to affirm to tell

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the truth the whole truth nothing but the truth yes thank you henry uh mr clinton have you heard

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my testimony yes you had the opportunity to testify would you adopt my testimony as your

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own and as true and correct yes thank you uh i ask that my exhibits be admitted into evidence

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thank you any questions from the board no no no anyone else would like to testify in this case

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If so, please raise your hand.

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No hands at this time, Chair.

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Thank you. Planning Commission?

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Hi, I'm Paula Brumbelow-Burns with the City Planning Commission.

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Just spell your name for the stenographer.

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B-U-R-N-S.

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We're infirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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we have no objection to the removing of the commercial space at this location

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thank you mi 2020-001223 1220 south 27th street my vote is yes my vote is yes my vote is yes

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my vote is yes thank you thank you very much mr chairman member of the board have a good day my

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mi2020-001221-1357 is a diary how do you pronounce that dryer dryry diary dire i guess

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street mr anastasio i believe is representing the appellant

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to come back in as a panel

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The Laquishas.

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Whoever was just speaking, you're breaking up.

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

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I call it Dyer Street for what it's worth.

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fact. Okay. Name and address for the record, Vern. Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315

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Walnut Street, Suite 1006 Philadelphia, 19107. Thank you. He's already under oath. He's already

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on. I didn't mean to interrupt. He's under oath. It's okay. Do you agree to waive and stip? I do.

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And have you emailed an exhibit packet with the required documents consisting of

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proof of ownership proof of tax compliance refusal referral photos and plans of the property five

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days in advance of the hearing and have you met with the rco and do you have a letter yes yes and

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yes okay okay okay you may proceed thank you i'm gonna share my screen

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I'm going to share my screen.

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Thank you.

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All right, Mr. Chairman, members of the board, this is 1357 Dyer Street.

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I represent Mr. Jamal Hicks, who is the recent owner of the property.

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The property was marketed and sold to Mr. Hicks as a three-family dwelling.

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As you can see, this is an older photo.

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It had three mailboxes. It has three separate entrances. There is a walkout basement apartment, a first floor apartment, and a second floor apartment. The property has had for quite some time separate.

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New. That's new.

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this here

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this here my client did not bought this with all of this here all three

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gas meters and three hot water heaters all were in the property at the time of purchase

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now let's walk through the plans

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as you can see here this is the basement apartment

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with kitchen utilities bath bedroom two bedrooms and a living room

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and it's accessed by the side and then we have the first floor apartment

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which is a one a two bedroom and a two bedroom on the third floor we met with the community group

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and let's see here

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i'm going to i'm going to stop sharing that document i'm going to

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the frankfurt neighborhood advisory committee we met with them and they issued an october 9th

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2020 letter uh where they in fact um approve our request provided that we meet all building code

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requirements for the three-family dwelling it was very well attended uh and i believe slone folks

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has been copied on this letter as well from mr blackburn and mr garland with that i'd like to

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have my client raise his hand for to be recognized. Mr. Hicks, you can unmute. Okay, I'm here. Thank

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you. Good. Good morning, Mr. Hicks. Please identify yourself with a record name and address

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and I'll swear you in. Jamal Hicks, last name spelled H-I-C-K-S. My address is 2500 Hillcrest

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