civus
Hearing video

ZBA Hearing - June 5, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 5, 20245h 26m

So we're also seeking relief for them by cleaning up this operation rather than having it linger as it currently is.

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Therefore, we're asking for the resumption, your consideration in the resumption hearing.

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And I appreciate it.

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Thank you very much.

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Thank you, Craig.

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We appreciate it.

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Mr. Chair, can I just interject, well, Mr. Melodosian, Mr. Consul here.

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I know you wanted clarification on what could be considered provisos and what was not enforceable as provisos.

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When you have a pretty close draft of your agreement, just send it to me and I will take a look and give you feedback.

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on that so that you're clear you know what what the board can enforce and what they cannot so

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thank you i believe you're confident on that already and in my opinion that's pretty close

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i don't know if craig agrees with me or not again okay well what craig why don't um after you've

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taken a look at it if you don't have any significant changes let me know and i just

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want to review as close

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as possible to the final

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one so that my information to you

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is accurate. Thank you.

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That's fine. We agree.

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I just want to make sure that the near

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neighbors who are in opposition

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fully have an opportunity to review

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the material and also felt it was important

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that

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Mr. Counsel have an opportunity

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to see the material that was

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submitted that's in opposition.

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I don't think that's happened.

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I just want everyone to feel that they've been

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treated fairly, regardless of the final outcome of this project. Thank you. Thank you, Craig.

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Is there anyone else in the virtual audience?

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No, I do not see any further hands, Mr. Chair. Meg, does Planning Commission want to take a

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position now or wait to see what the final agreement is? I think our preference is to

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wait until the final agreement. Okay. All right. So we'll wait to hear how they, how it went.

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We will then let the RCO and council respond, take it back to the public audience and then

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And then have planning and then we'll vote. Other than that, it's closed. How's that sound, Ellery?

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have planning and then we'll vote. Other than that, it's closed. How's that sound, Ellery?

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Yeah, that's fine. And we can leave the record open, Mr. Chair, for any additional letters.

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But yes, we'll just have kind of follow up updates from the applicant, the RCO, City Council, and Public and Planning Commission. Thank you.

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Thank you, Mr. Council.

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Thank you.

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Okay. Number three, MI 2023, 006951, 3521 North 21st Street.

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Ron Anastasio is the attorney. No RCO letter or summary, but notice was given to nearby neighbors and proof of a mailing attached.

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There was a meeting held March 19th.

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I'll be coming back in as a panelist.

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mr anastasio you've been sworn you've yes a few cases today could you just state your

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name for the record yes good afternoon mr chair verne anastasio a-n-a-s-t-a-s-i-o

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on behalf of bk partners the owners of the property in question and our vice chair has

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a few questions thank you

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good afternoon counsel do you agree to waive the reading of the refusal or stipulate towards

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accuracy i do have you emailed them all the required documents and exhibits that is needed

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to proceed with this case five days in advance of this hearing yes sir thank you counsel please

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for seeing and share your screen. Thank you. I first wanted to share the Allegheny West Civic

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Association and RCO letter that came over just recently. It is, in fact, Allegheny West Civic

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Association of Philadelphia stands in support of this variance. This is the last paragraph of the

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letter to you and encourages you to support the wishes of our community and our RCO process.

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So just make sure you send a copy over to Hillary.

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I have, and I will make sure that it was received.

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But I want to move this into evidence.

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Okay, thank you.

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Thank you.

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And it's outside the exhibit binder because it came late.

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So I just.

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okay this is the property in question right here that's in the highlight as you can see large

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vacant lot across the street and of course immediately next door but this property is

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was has been um a multi-family dwelling for many years

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my clients purchased this property less than a year ago

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and this was this is the mls listing here

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3521 five unit apartment building as my cursor is right on there and here was a

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Page 39 of the exhibit binder.

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By the way, it's an 86-page exhibit binder.

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Also, this five-unit apartment building.

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As you can see, two studio apartments, three spacious one-bedroom apartments.

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And that's what my client saw.

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My client put money down on the property.

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He went to closing only to find out.

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Oh boy. Let me stop sharing for a moment. I just went blank for some reason.

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Only to find out that the property was zoned for single family residential.

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So blank. Yeah. The images are not coming up now for some reason.

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I ask you to just bear with me for a moment, please.

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I'm sorry.

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Okay, sure.

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and why don't we do this why don't we come back let me take another case or so and then i'll call

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you as soon as i'm done okay i think i'm okay now honestly okay all right let's see if not then i

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if not then i agree no no no no i agree we're fine okay there you go all right cool

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agree. No, no, no, no. I agree. We're fine.

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Okay.

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technology is great until it doesn't work right uh anyway so they're i'm submitting the refusal

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and the photos of the property as well as the uh proof of mailing it's zoned rsa5 it's we put in

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to legalize the existing, pre-existing five-family household living.

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I've shown you the ML listing, two of them.

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And I also want to show you, which I think is important,

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I'll keep and see.

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At one point, this property was part of a larger set of properties

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for a total of 106 apartments for seniors.

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So there's a very long history.

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of multifamily dwelling, not only in this particular structure as a five-family dwelling,

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but also as part of this property and others attached to it for a larger 106 apartments

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on that block. And I'm submitting all of that into evidence. As I said, I have an 86-page

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exhibit packet. I think that's probably why it went blank for a little bit.

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I'm going to briefly show you the plans.

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Obviously, to reconvert this or reconfigure this to a single family dwelling would lay waste to the property.

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But here's the foundation unit right here.

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The first floor unit.

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As you can see, they're very ample in size.

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It's a very large property.

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second floor studio front and rear

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the third floor unit

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this is the elevation

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this is the letter that was mailed these are all the addresses that

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the letter was mailed to and here's the certified proof of

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100, over 100 households, 106 households were mailed the letter. We have the proof of posting

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as well. As I've already shared with you, the Allegheny West Civic Association and RCO met

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with us. They're in full support to legalize what's there. And here's the deed as well that

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I submit to show that they literally 11 months ago, or less actually, purchased the property.

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here's some shots of the block so as you can see there's a little bit too many vacancy

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vacant lots on the block

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this is the property itself

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here's some rear rear inside

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is the adjacent property also multiple family um hold on for one second i have that

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it is thank you yep don't know if it was legalized or if it's up it's as many as ours

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but it is uh and uh there is proof of uh six electric meters that again preceded my client's

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ownership of the property this is interior photos

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and as you can see at some point it was in fact even you know occupied so um my client had every

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reason to believe and reasonably rely on the ml listing and the presentation uh by those who sold

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it. So with that, I'm going to ask Mr. Kyle Easley to raise his virtual hand.

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I have a hand up by Ibrahim Murray.

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Ibrahim will do just fine. Thank you.

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Sir, could you please state your name as spelled for the court stenographer?

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Yes, Kyle Easley. K-Y-L-E, last name E-A-S-L-E-Y.

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Swear or affirm, tell the truth, the whole truth, nothing but the truth

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Yes, sir

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Proceed, counsel

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Thank you

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Sir, can you, did you hear my presentation to the board this afternoon?

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Yes, I did

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Okay, and is it true and accurate to the best of your knowledge?

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Yes

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And do you adopt it as your own testimony?

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Yes

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Thank you, I have nothing further

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he's the owner of the yes he's one of yeah there's a it's a it's a partnership

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He's the owner of the

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Yes, he's one of, yeah, it's a partnership

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both kyle easily and brahim murray are bk partners all right thank you all right

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questions from the board no mr chairman

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questions or comments from our attorney hillary emberson

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not at this time mr chair questions or comments from the virtual audience

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yes i have a hand up from charles richardson he has been about to speak

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mr richardson you've we've had you several times they just state your name please

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certainly charles richardson office of councilwoman cindy bass room 508 city hall

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the councilwoman has no objection to granting the variance thank you very much uh anyone else

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in the first audience yes i have a hand up from adrian fernandez i will allow them to speak okay

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hi adrian you've already been sworn just state your name please for the record

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uh yes adrian fernandez right please proceed okay um i sent a letter in for

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to support the provisos um if i can just put the provisos on the record

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The first is requesting a limit of three units, one because of our overlay, which focuses on preservation, and also we have tremendous problems with litter, trash, and pet waste from multifamily variances, multifamily properties.

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um the remaining four provisos are trash and recycling to be stored indoors no commercial

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trash pickup no basement living and no rooftop deck occupancies just mechanical use only

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thank you anyone else in the anyone else in the virtual audience

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i do not see any further hands mr chair planning planning commission

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hello meg kavanoff for planning commission staff the comprehensive plan recommends no change the

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existing residential single family zoning at this location structural elements claims as hardship

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appear to be recently constructed and self-created and there is not clear evidence of long-standing

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multi-family use at this location however there is evidence of multi-family use in the vicinity

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but not up to five units the city planning commission recommends the zoning board grant

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the variance with proviso, limit number of units to three. Excuse me, Chair. I don't mean to

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interrupt, but I see Ron Bednar's hand up. I'm not sure if he wanted to testify or he has something

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to do with the property or if it was an error. Sure not. It's okay, Ron.

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Ron. This is Ron Bednar, City Planning.

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do you want to testify on this one ron um no i'm gonna pass okay thank you very much ron we

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appreciate it okay all right so number three mi 2023 006 951 3521 north 21st street i vote yes

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proviso trash stored inside thomas holloman my vote is yes with proviso

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So, Ishmael Shaheed, my vote is yes, with ProValue Zone.

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Thank you, counsel.

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Thank you.

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All right.

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So, number five, MI 2023-007-096, 743 North Capitol Street.

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Alan Nockmson is the attorney.

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there's a recommendation of support

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from the United Francisville

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Civic Association

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23 to 8

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Mr.

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Nockamson

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Good afternoon Mr. Chair, members of the board

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Alan Nockamson

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Mr. Nockamson I always swore you in

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could you identify your client, the relationship to this property, please? Yes, Deco Collective

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is the equitable owner of the property by way of an agreement of sale, and in the virtual audience

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is one of its members, Jonathan Silva. And our vice chair has just a few questions for you, sir.

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Counsel, do you agree to waive the reading of the refusal or stipulate to its accuracy?

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i do have you email required documents and exhibits that is needed to proceed with this

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case five days in advance of this hearing oh yes we have thank you council please proceed and share

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all right so um

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All right. So we're here to present 743 Capitol Street. This property is in the Francisville

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section of Philadelphia, actually not too far away from where I live in Fairmont. It's between

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20th and Corinthian, just north of Fairmont Avenue. So what we'll look at first is the

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original refusal so we had a decent amount of refusals most of them technical in nature but

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through a dialogue uh that was created by way of these community meetings um we we eliminated

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almost all of the refusals other than the ones that are most necessary uh to the feasibility of

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