civus
Hearing video

ZBA Hearing - September 28, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 28, 20225h 31m

philadelphia city planning commission right uh that's spelled h-e-g-a-r-t-y do you swear

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affirm to tell the truth the whole truth and nothing but the truth yes sir masheed thank you

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good morning board members the comprehensive plan recommends no change to the existing rmx3 mixed

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use zoning at this site this proposed sign while technically a rooftop sign we feel meets the

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purpose and spirit of the code due to its relatively short height and application as an

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entrance identification sign rather than a large-scale building identification sign

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the city planning commission recommends that the board grant the variance thank you

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MI 2021-005-335-3232-Henry Avenue, I vote yes.

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Carol?

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Carol Tenere, my vote is yes.

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Thank you.

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Ishiro Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you very much.

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We appreciate your time.

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Have a wonderful day, everybody.

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Thank you.

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Thank you, everyone.

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Thank you.

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Bye-bye.

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M-I-2022-002-767-907 South Shell Street.

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Raymond Derizio.

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Letter of non-opposition from Councilman Squilla.

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Letter of non-opposition from Bella Vista Neighbors Association.

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Mr. Derizio is coming back in as a panelist.

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good morning mr chairman members of the board raymond dorizio d-o-r-i-z-i-o

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addresses to penn center suite 520 philadelphia pa 19102 here for 907 south shell street

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my client mr pungitore i believe he is on the call

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um i'm going to and i'm sorry i'm a little gonna go on my phone here go ahead all right all right

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do you swear for him to tell the truth the whole truth and nothing but the truth

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i do um you've identified your client as the owner uh our vice chair has a few questions

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hi mr gerizio do you agree to waive the reading of the refusal and stipulate to its accuracy

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good morning yes i do have you emailed the exhibit packet with proof of ownership

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

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advance this hearing and have you met with the rco and do you have a letter yes all that okay

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great you may proceed and begin with you did sharing your screen thank you so 907 shell

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Well, this is a property that is between 9th Street and, I guess, 8th Street, but Darien Street is to the east of it.

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Shell Street is a very, very narrow street.

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It's a dead-end street.

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There's no exit out into Christian Street, which would be the street that borders it on the north, and Montrose would border it on the south.

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So it's a very unique street.

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there's I guess Trinity houses is what you would kind of call them they're very short

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There's, I guess, Trinity Houses is what you would kind of call them. They're very short. There's an unusual lot size to them. My client is proposing to do new construction, and the refusal was for the minimum rear yard depth because the way he's building it out, it would basically take away the yard.

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we got the refusal we filed the appeal just going through some of these exhibits we have the deed

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here we have plans and when we met with the community Bella Vista Neighborhood Association

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you know they're not opposing and the one thing they proposed to us because there wasn't any

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yard space or even like a side alley there is to do a designated trash room in the basement.

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So my client modified the plans. And if you see here, that square over to the right in the center

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would be the designated trash room. We have sent that over to the community. There's been no

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opposition to that. There are the plans. This is what the lot looks like. It's an empty

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lot right now we were here about three years ago for a variance to do the um do the extension

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and basically the property was in such ill repair that it had to be knocked down and the pandemic

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hit so it took a little time to get back um but this essentially is the lot i'm sorry that it's

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a little crooked there, but this is Montrose Street, Montrose Street, Shell Street, and I'm

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sorry that it's a little crooked. That's basically the street. It's very narrow, and I'm on my phone,

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so it's hard for me. I don't think I could turn that, but essentially, these are the houses up

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the street. I think that's a better shot there. It's a very narrow street. There's really just

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pavement um the houses are very close this is a house across the street this is what the house

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formerly looked like when we were seeking um for the prior variance and essentially it was in such

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a repair it had to be knocked down and so my client is basically building in that same footprint over

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like the first floor um that was the former property that's what the property was formerly

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we met with pelvis the neighborhood association again they didn't oppose

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those are this was the old variants back in the i'm sorry this is the pelvis the neighborhood

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association letter of non-opposition um so essentially that's where we stand today

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uh with it if there's any questions you want to have your testimony adopted

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yes i was going to ask mr punjutor if he heard everything that i said i guess you're going to

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swear him in if he's there but he would adopt my testimony. Apparently I don't see any hands.

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Mr. Pungitore you have to tap your screen and hit the raise hand button if you hear me out there.

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I think I found him. Sir please unmute yourself and wait for the chair.

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Mr. Pungitore could you state your name and spell it for the court reporter please.

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my name is ralph pungitore r-a-l-p-h p-u-n-g-i-t-o-r-e right do you swear a firm to tell

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the truth the whole truth nothing but the truth i do proceed counsel okay thank you uh mr pungitore

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you heard my testimony to the board this morning yes was it true and correct yes and would you

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adopt that testimony as your own today yes okay thank you questions from the board

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no mr chairman questions or comments from the virtual audience

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i see no hands chair planning commission thank you chair bergman ean hegarty for the philadelphia

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city planning commission board members the proposed dimensional variance is directly related to the

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small size of the existing non-conforming lot it's consistent with other buildings on this block

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So the City Planning Commission recommends that the Board grant the variance.

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Thank you.

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MI 2022-002-767-907 South Shell Street, I vote yes, Proviso, Trash Doored in Basement.

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Carol Tenere, my vote is yes with Proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you, Council.

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Thank you.

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Have a good day.

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Thank you.

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All right.

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You too.

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number four mi 2022 004 681 1939 south 5th street burn anastasio

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um no rco letter yet from dickinson square west civic association

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non-op letter of non-opposition from councilman squilla

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letter of non-opposition from Councilman Squilla.

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Morning, Mr. Chair.

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Well, you've already been sworn.

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Could you identify your client in a relationship to the property, please?

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Yes, I represent Mr. Kenneth Grimes,

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excuse me, who is the owner of the property.

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And our Vice Chair, Carol Tenere, has a few questions.

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Thank you.

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Mr. Chair, this is Hillary.

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I just want to interject.

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We just received a letter of support from Dickinson Square West Living Association.

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Thank you, Hillary.

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Good morning, Vern.

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Do you agree to wait through the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,

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vote is under plans of the property five days in advance of today, and have you met with the RCO, and do you have a letter?

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a yes to all of that okay great you may proceed and begin with sharing your screen

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thank you may i also ask that uh ian toner who's the architect on the project be

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promoted to the panel sure thank you mr toner is coming back in as a panelist

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mr toner could you state your name please and spell for the court reporter

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yes ian toner from toner architects it's i-a-n-t-o-n-e-r you swear for him to tell the

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truth the whole truth and nothing but the truth yes proceed counsel thank you we have 1939 south

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5th street this is a corner property and let me pull out here it's a corner property where we are

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proposing adding a third story addition on the corner and then we would have a use as a coffee

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shop on the first floor that would be owned and operated by mr grimes and his wife and then there

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would be a two family dwelling above one per floor and a small artist studio also for mr grimes and

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his wife. And there is the interior layout. We'll zoom in. Corner entrance with the cafe,

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ADA restroom, the kitchen attached to the cafe. There's an existing garage that's actually not

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really used much by my client. So he often lets neighbors park in front of it. So there's no loss

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of parking. There is a trash room that is accessible not only to the folks from the

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cafe, but also accessible from the exterior for both of the apartments above. As you can

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see, the second floor is a two-bedroom unit. In the rear of the second floor through the

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public hall is that small artist space for my client and his wife. We've got maintenance

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above that and another two-family two-bedroom apartment on the third floor we have some photos

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i'll be happy to share with you the actual uh refusals are for the third floor uh you know

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the existing footprint of the property is in fact what it is so when putting the third floor on we're

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not going to be compliant for the nine uh nine foot yard rear setback that's a pre-existing

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condition the other

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refusals

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um are is the artist studio which is not permitted in a cm1 cmx1 commercial district again that's

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solely for the use of the owner occupant and then the two family dwelling would is prohibited but

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only because it's adjacent to the rsa5 residential district and we would contend that if this

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property were in fact in the middle of the block uh then the spirit of the code would require uh

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that the two family dwelling not you know not be granted but this is in fact on the corner

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and it's well within the height limit and for those reasons we do believe the two-family dwelling

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is appropriate and the coffee shop only requires a special exception it's going to be owned and

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operated by the by the owners of the building it's going to bring new life to an otherwise

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dreary corner. We met with the community group. It was overwhelming support for the project.

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And with that, I'm going to ask Mr. Toner if he has anything to add with respect to design.

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with respect to design uh no i think you said it all um the goal is to have the building

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No, I think

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blend in with the neighbor uh with the neighboring buildings yes can we swear in mr toner already

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say that again hillary did we swear in mr toner already i did okay

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okay um we're uh trying to um have a more traditional looking building mr grimes was

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interested in something that would fit the neighborhood well um he's already done a lot

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of restoration work on the existing shell of the building which had some violations

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from the prior ownership so he's taken the initiative to get all that taken care of and

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done and is really excited about uh making a beautiful project out of this um and verne's

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right the neighbor's support for this project was oh it was a lot and more than i'm used more than

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i'm used to seeing when we go to these meetings so that was uh testament to the client and his

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connections to the neighborhood thank you mr toner uh we asked mr kenneth grimes to please raise his

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hand virtually

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Mr. Grimes, please unmute yourself and wait for the chair.

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Mr. Grimes, could you state your name and spell, please, for the court reporter?

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My name is Kenneth Grimes, K-E-N-N-E-T-H-G-R-I-M-E-S.

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

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Yes.

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Proceed, counsel.

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Thank you. Mr. Grimes, did you hear my presentation to the board today?

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Yes, I did.

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Is it true and accurate to the best of your knowledge?

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yes it is and do you adopt it as your own testimony yes i do thank you nothing further mr chair

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burn the rear the real part of the building though the white brick is that a double garage

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that's correct um but only one it's it's actually looks like a double garage door but only one door

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is an actual garage okay all right thank you yep the other is the board the others

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for the board. I just want to make sure you understand. That other one is for trash.

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No, Mr. Chair. Okay, we're good. Questions or comments from the virtual audience?

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I see no hands, Chair. Planning Commission. Thank you, Chair Bergman. Ian Hegarty for the

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Philadelphia City Planning Commission. Board members, the comprehensive plan recommends

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no change to the existing CMX1 commercial mixed-use zoning at this location. We feel

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of proposed uses are consistent with the prior uses of the property in the building and the

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dimensional variances are minimal and do not conflict with the purpose and spirit of the

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zoning code city planning commission recommends that the board grant the variances thank you

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mi 2022 004 681 1939 south fish street i vote yes carol tenere my vote is yes

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ishmael shaheed my vote is here thank you counsel thank you thank you number seven

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mi 2022 002 845 4355 larston street and we're also going to hear at the same time

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MI 2022-002-843-4353, Larson Street.

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Mr. Consul is the attorney.

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Letter of support for both properties from the Central Roxburgh Civic Association.

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Good morning.

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Good morning.

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Could you state your name, please, and spell it for the court reporter?

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Yes, it's Joseph Consul.

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That's C-O-N-S-O-L-E.

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Right.

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

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I do.

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Could you identify your clients and their relationship to the properties?

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Yes.

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I've got Ms. Kristen Scudder and Mr. Frank Basara.

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They are the owners, respectively, of 4355 and 4353 Lauriston Street.

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All right.

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Our vice chair has a few questions.

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Mr. Consul, do you agree to waive the reading of the refusal?

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stipulate to its accuracy. I do. The only point I wanted to make on the refusal is both of them

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have a second refusal for undersized parking spaces, but there's a note underneath each of

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those refusals which states that the spots themselves are not actually undersized, but

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