civus
Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

of the the neighbor structures that you can see to the north and the south so um all the more reason

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why we feel that this application is much more in conformance with with the neighbor structures

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thank you um so just before i move on i want to just pause see if the board had any questions

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um for gabe or for the plan regarding the plans any questions from the board no no okay thank you

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no thank you um so the last piece we met with the south kensington community partners we had two

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meetings with them one of which was a design review meeting in which uh gave detailed the

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changes that we made specifically to uh they wanted changes with the glass they wanted it

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to be glass doors on the garages uh so it was more open we did that and they wanted us to recess

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um the stairwell in the front so that there was more of a walking zone which we did in addition

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to wanting us to make sure that we consider providing a different material on the side of

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the building where the existing home is. So all of which we agreed to. Then at the larger community

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meeting, there was mostly concerns around construction and how this would fit in. As you

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As you can see from both these plans and from the street view that was provided, if you can bring that back up, Gabe, you have an interesting block where the north side of the properties are all these three-story single-family homes, and that's sort of the context that we're trying to provide.

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can see from both these plans and from the street view that.

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and then you kind of have the other side of the block that has these uh two-story homes um some

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of the concern was sort of around the height differential however if you can see kind of how

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it exists now this is existing uh it's actually going to be exactly the same as what we're

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proposing although we are going to we're proposing a slightly nicer facade and sort of the side um

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wall here so uh it's not really going to be much different than it is now the there's still going

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to be i believe gabe correct me if i'm wrong an alleyway that's between the properties as well

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so they're they're not going to be uh directly abutting or if they are i believe that mr zubek

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who is the owner has done some a significant amount of door knocking to make sure that any

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construction concerns are met he did a similar project i think on the 1800 or 1900 block uh

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almost exactly identical and and had no issues so i just want to lastly bring up the letters of

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support that Mr. Zubek got from the near neighbors. There was, we got a letter of non-support from the

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RCO. However, we didn't get a vote count, so I'm not sure how many were in support and how many

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were not in support. I can show Gabe, if you can stop your sharing so I can provide my screen to

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board. This is a letter from 1343 North Palethorpe and we have one as well from 1342 North Hancock.

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I'll bring Mr. Zubek on in a second because we did do a significant amount of outreach

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to the other near neighbor. This was the letter from South Kensington Community Partners where

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they didn't want three lots they wanted two as we provided to the board. It really makes it even

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more out of context and significantly larger homes and lots and sort of besides the sizing

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of the properties, which I know we don't always have to build to the maximum allowed, just the

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odd shape of it is more out of context for getting the size. And then this was sort of the meeting

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summary form. There was 102 attendees supposedly, but we weren't given a breakdown of the vote

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count. So I'm not exactly sure how many people were in support or not in support and if it was

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near neighbors or not near neighbors. A lot of the conversation was also around construction

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issues. And Mr. Zubek has done a good job to in the past and going forward to make sure that

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that's not a concern. So I just want to have my client, Brian Zubek, sworn in and just him speak

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to the outreach that he's done. And then happy to answer any other questions and move forward.

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Thank you. Mr. Zubek, please identify yourself with the records for your first and last name.

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And I'll swear you in.

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Mr. Zubek has been out to talk, sir.

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Thank you.

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Brian Zubek, B-R-I-A-N, last name Zubek, Z-O-U-B-E-K.

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Thank you.

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

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Yes, sir.

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Thank you.

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Rachel?

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Brian, I just wanted you to explain to the board sort of the outreach that you did to the near

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neighbors and kind of what some of the concerns had been that you had tried to address and also

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you know kind of the other project that you did as well to make sure that the board is aware and

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it's on record kind of the way you've handled similar projects in this neighborhood in the past.

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Yeah, thanks Rachel. I think the two things you know are the parking on on Pailthorpe

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and construction techniques and so um the vast majority of the rco meeting was about you know

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construction techniques and making sure that the near neighbors were informed and okay with

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everything uh considering that you know the structure is attached right now i got letters

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of support from the two north neighbors uh the attached uh neighbor to the south i've left three

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letters on his door i've called every single number i can i've knocked on it at different times

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for the over the last six months you know we sent out that we put the notice up we sent the notice

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to them um you know i spoke again with marco from the rco uh yesterday via email and he indicated

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that they that um you know they hadn't been able to speak with him either some other neighbors had

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supposedly spoken with them but um at this point i've kind of exhausted all options in terms of

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contacting them. In terms of construction techniques, we're obviously going to be

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having everyone provide a certificate of insurance to the neighbors, the demo

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company, the construction company. We always like to meet with the neighbors

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Construction company, we always like to meet with the neighbors before any digging starts

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before any digging starts.

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and are very conscious of how it affects the direct neighbors.

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And most of that meeting was structured on the direct neighbors, which we're very conscious of.

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In terms of parking on Pailthorpe, there's obviously no street parking there.

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From speaking with other neighbors, everybody's happy about the ability for more cars to get off the street

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because people, you know, park on the curb anyway, so that avoids it. I did an almost exact project

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like this on the 1900 block of North Hancock and Pailthorpe, which was street to street,

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five townhomes subdivided into smaller 15-foot-wide homes on Pailthorpe. The ones I'm proposing now

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are 19 and a half, and the same on Hancock, no parking on Hancock, which is what the neighbors

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had uh had wanted um there are no front garages and those homes are 17. the homes home i'm proposing

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now is over 20 feet wide so um the uh and that was unanimously voted for yes um so you know in

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my talking with you know direct neighbors i've been trying to you know do as much as i can for

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the construction you know concerns um and make sure that the you know i'm allaying the parking

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concerns as well to the best of my role thanks brian um i don't have anything further at this

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point mr chair any questions from the board no no anyone else would like to testify in this case if

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so please raise your hand hello

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Mr. Chair, I have Ms. Mary Jones, whose stand is raised. I will allow her to speak right now, sir.

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Good morning, Ms. Jones. Please identify yourself with a record. You're still under oath from earlier today.

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Yes. Good morning. Mary Jones, Council President of Daryl Clark's office, City Hall.

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um yes i just wanted um upon review of the uh the community concerns i just wanted to clarify that

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there had been um outreach to this near neighbor who was not at the meeting at 1332 north hancock

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are you asking mary yes i'm asking if there was i just i i i know he said he reached out to a lot

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people but i wanted to make i wanted to make sure that he reached out to yes no yeah no absolutely

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brian could you just repeat um yeah absolutely i've i've left uh notes on his front door

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multiple times i've called and left voicemails text messages um the rco head has reached out

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as well and been unable to get in contact with them um i've knocked on door at during the day

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at night on a weekend um and haven't been able to get in contact with them i'll still be sending

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a certified letter um you know if this is approved to them informing them of what's going to be

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happening in terms of construction and happy to set up a meeting with them in terms of discussing

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construction techniques and how we're going to be doing it and if they have any concerns

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as we do with all neighbors um they're directly affected so yeah there's i've honestly tried as

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much as I humanly could to get in contact with this person. In addition we did post the property

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and we did do the um mailing for the RCO meeting so um those were some additional outreaches that

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our office provided as well. I would ask if this board approves this application that any outreach

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to that the next near neighbor uh whether it's certified mail or whatever please copy Ms. Jones

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from the council president's office absolutely of course okay thank you okay thank you

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uh any other questions anyone else to testify in this case

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no further hands at this time thank you planning commission

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Brian Wenrich, City Planning Commission staff. This property is indicated for single-family

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residential use on the comprehensive plan. We have no opposition to granting the dimensional

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variances since the subdivision is in character with the adjacent lots. Although RSA 5 does not

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allow front access parking, Pailthorpe Street would be the front street for lots B and C and

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is out of character with the housing on those blocks. Therefore, we oppose the granting of

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the variance for front access parking.

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Thank you. Were there any revised plans, Rachel?

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Yeah, I sent them to Sharon.

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How many pages?

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I believe just one or two. Sharon, do you remember? Sorry.

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one or two jaron do you remember sorry let me check take me a minute to find them hold on

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Thank you.

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one page one page thank you okay um zero zero one three one five one three three four north

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hancock street my vote is yes with the proviso revised plan one page approved today

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yes for proviso yes for proviso

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okay before we go uh sharon just sent me a an email i think the other board members got it we

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have to revote cecil b more um so i'll put it out there now zero zero one two eight six six one

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nine Cecil B Moore Avenue my vote is yes with the following proviso revised plan three pages

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approved today my vote is yes with the proviso yes with proviso yes with proviso thank you uh

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does that conclude the morning session it does okay see everyone back at two o'clock stay safe

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Thank you. Good afternoon, everyone. My name is Frank DiCicco. I'm the Chair of the Zoning Board

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of Adjustment. I'll be participating in today's hearing along with our Vice Chair, Ms. Carol

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Tenere, Board Secretary, Confessor Plaza, and Board Members Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator Ms. Tanya Sunkett and Board Attorney Ms. Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating you agree, you're in agreement to be, acknowledge your agreement to be recorded.

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that I apologize. Third, for anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star nine and then star six to unmute yourself. I'll repeat. For anyone

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

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and then star six to unmute yourself. Finally, to enter an apparent statement, call Google

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267-270-5548 and leave your email address and the address of the property at issue. I'll repeat.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address

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and the address of the property at issue. Before we call our first case, I'd like to announce

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the following case so far that we a continuance has been requested for that's uh zero zero one

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eight three four two four four five Martha Street that's number five on our list

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and if any of the applicant or an attorney is in disagreement with that request please

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raise your hand at this time

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i see no hands at this time mr chair thank you if anyone else would uh is requesting a continuance

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or a withdrawal for this afternoon's hearing list please raise your hand at this time

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i have a mr harry cook

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good afternoon mr cook please identify yourself for the record and i will swear you in

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i'm not on set up right like i'm having difficulty here

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mr chairman madam vice chairman anastasia law i'm representing the property owners

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of 189 to 13 Oregon Avenue.

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Let me swear you in, please.

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Do you swear and affirm, tell the truth,

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the whole truth, nothing but the truth?

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I do, sir.

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Thank you. Please proceed.

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Mr. Chairman,

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we're requesting a continuance

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of appeal number

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2020-00828

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2616 South 18th Street.

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My clients

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are in the process of

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closing out a real property agreement that relates to number six i didn't mean to cut you short we

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got it okay so zero zero zero nine one six two six one

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OK, so zero zero zero nine one six two six one six South 18th Street is continued.

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Thank you. Thank you.

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Oh, your honor, I am representing the protestant and I know that I just wanted it to be clear.

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I'm not representing the applicant. Oh, I'm sorry.

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Is the is the applicant and or his his or her attorney available?

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He should be.

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i'm sorry i thought you were the applicant i'm a little confused what what was mr cook requesting

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he said he's representing the protestants

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but you're not requesting a continuance or anything yeah he's

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had a respect for uh council i just wanted and i wanted to make sure the board was clear on

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on who i was representing in this matter

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is counsel for the applicant in agreement to the continuance he is not in agreement for

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the continuance that we need to hear from him sir that's correct

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and he should be on ron patterson are you counsel for this case i am thank you kindly

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sorry about that ron please identify yourself for the record

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Sure. Good afternoon. Ronald Patterson, Claire Harrison Law Firm, 1835 Market Street, Philadelphia PPA 19103. I represent the equitable owner.

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You swear in the firm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you.

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Yeah, so we've been in contact, Mr. Cook and I and Mr. Anastasio. And this is a second hearing. I think it's a must be heard because it was continued once.

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It went through civic design review

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and we met with the Girard Estate Area Residence Association.

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This is a neighboring property owner,

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which we share an easement.

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We are working out a side agreement,

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which I don't think is relevant to the zoning case.

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And we would like to move forward with the case.

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Okay, we'll move forward with the case

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and then we'll get into if any time is needed

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to satisfy whatever the agreement is.

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Okay, for example, like hold the vote or something like that.

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Yeah, we'll talk about that.

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Okay, great.

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All right.

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Thank you.

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