civus
Hearing video

ZBA Hearing - February 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 24, 20216h 14m

everyone my name is frank di chico i'm the chair of the zoning board of adjustment i'll be

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participating in today's hearing along with our board secretary mr confessor plaza and board

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members Mr. Thomas Holloman and Mr. James Snell. Board Administrator Latisha Dandy and

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Board Attorney Sharon Saleta are also for those of you who haven't yet participated in one

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of our virtual hearings, I'll go through some of the basics of what you can expect. First,

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

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Second, we'd like to advise everyone that this proceeding is being recorded and that

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by participating, you acknowledge your agreement to be recorded and this recording will be

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available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your

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hand by hitting star nine and then star six to unmute yourself.

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I'll repeat.

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For anyone participating by phone, if you wish to testify, you must raise your hand

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by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement,

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call Google 267-270-5548

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and leave your email address

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and the address of the property at issue.

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Pardon me, I will repeat.

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To enter an appearance statement,

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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call Google 267-270-5548.

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I would also like to advise everyone at this time to please do not attempt to testify in the chat.

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Any comments should be directed to Ms. Lakeisha Dandy, our board administrator.

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With that, I will now read off a list of requests for continuances.

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Number two on our two o'clock list, MI 2020-000692, 1739 West Oxford Street.

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MI 2020-002336-2222 North Front Street.

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MI 2020-000058, 3021 Amber Street, and MI 2020-00351, 400-18 North 5th Street.

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Those are requests for continuance that we receive. Does anyone dispute any of those continuances?

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If so, please raise your hand at this time.

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Chair, I have received a continuance for 321 East Worcester Street.

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That's number six on our list.

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The attorney's engine of record has requested a continuance.

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Okay, so MI 2020-001262.

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321 East Worcester Street is added to the list of continuances.

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anyone disagree with the continuous list that is right into the record please raise your hand

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no hands at this time chair thank you are there any other requests for continuances

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or withdrawals on the two o'clock list if so please raise your hand

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chair we have sloan folks you good afternoon mr folks please identify yourself for the record

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good afternoon chairman chico members of the zba board my name is sloan folks s-l-o-a-n-e f as in

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fire o-l-k-s office of council one maria canada sanchez in 508 city hall do you swear and affirm

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to tell the truth the whole truth nothing but the truth yes i am thank you mr folks please proceed

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Thank you. We are requesting a continuance for case number 8 on your list. Case number MI2020-0001214290 North Penn Street. They have not met with the coordinating RCO. There is a meeting scheduled in early March, I believe the first week of March, March 4th, and we'd like to request that the case be continued until that date.

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that's that date thank you uh mr sabatina i'm not sure if you're on is your attorney of record

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if so please identify yourself and i'll swear you in john sabatina here representing uh 4290

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north penn street uh paul street real estate llc you swear and affirm to tell the truth the whole

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truth nothing but the truth i do you heard mr falks here's a request from councilwoman sanchez's

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office for a continuance uh we'd like to do this here in a hold uh we have been trying to uh deal

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with the uh rco on several occasions we don't do here in holds we we would have to either continue

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it uh that's the only really way there's no other way right tanya no chair that's the only option

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And if we give you a resumption hearing, it's just like us giving you another hearing date.

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And it sounds like the Councilwoman's office will work to get a meeting put together with the RCO.

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Yes, sir. It's already the RCO's books for March the 4th.

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Mr. Sabatina, my suggestion would be we continue this.

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We resume this hearing, I should say.

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I'm sorry, Chair, you were correct the first time.

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This would be a continuance where reposting would be necessary and the continuance will be in June.

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We've reposted this thing like five times.

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We can't seem to get a hearing date in front of the RCO because we cannot meet their requirements.

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because we cannot meet their requirements that they have set up which

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of

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so let me ask this question since Mr. Sabatine is testifying that they have in the past

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as posted on numerous occasions we now have the councilwoman's office who has a date

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would we does it make sense for us to have the hearing

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hear all the testimony and but resume it uh for feedback do a resumption hearing i should say

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chair it really doesn't because the resumption hearing would likely be the same time as the

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original hearing and the rco members wouldn't have an opportunity to participate in the entire

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hearing um they would only be coming in after their meeting and they wouldn't necessarily know

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that they had an interest in appearing today because they haven't seen the project yet

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requirement that they do meet with the RCO and if we could try to be consistent and fair

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to the RCO and the community and then we would go ahead and schedule it for a continuous date

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However, if Mr. Sabatina does have any kind of issues or concerns with the project that they need to start sooner than later, I can work with him offline to give him a better date.

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I think that might be the best option.

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Yes.

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Okay.

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Okay.

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So, Tanya, what do I say right now?

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We're just going to continue to...

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Correct.

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continues, date to be determined, and will be posted on the ZBA calendar online.

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Okay, so you're so noted for the record. Thank you.

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Hello. Yeah, can we get a quick date? I mean, we know that you'll work that out with Tanya offline.

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Okay, thank you. Okay. All right, thank you. And let the record show that our vice chair,

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Ms. Carroll-Taneri is also in attendance.

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All right.

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Any other requests for continuances or withdrawals?

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Yes, Chair, I have Zin Jin.

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Thank you.

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Yes, good afternoon.

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Good afternoon, sir.

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Please identify yourself with a record and I swear you in.

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Sure.

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Zin Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103.

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i'm actually um i raised my hand because i heard a continuance for a whistler street

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um i do not have that as a case i currently represent so i just want to clarify yes i

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apologize it's mr clinton sorry then mr clinton is margie is requesting the continuance from

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mr clinton's office okay that's fine thank you thank you i have no further uh questions thank

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you you any other requests continuances or withdrawals on the two o'clock list

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no more hands chair okay so carol we're going to go to the add-ons you have that list

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to carol you're muted

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that's why i hate to mute um do i have the add-ons no i'll read it okay i'll read the yes yes i do

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for two o'clock um three three zero eight nine one three two four frankfurt avenue

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this is a resumption hearing limited to feedback on the revised refusal

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and excuse me this is sharon saleta i believe mr leonard reuter might be in

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attendance to explain the process by which the refusal was amended

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thanks sharon

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And the attorney is Sean Whalen.

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They're both available for you, Chair.

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Name and address.

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Yes. Good morning. Good afternoon, everyone.

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Sean Whalen from Vintage Law, 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19009.

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Mr. Chair, is he already under oath from previously?

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I am not.

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No. Do you swear for them to tell the whole truth and nothing but the truth?

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Yes, I do.

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Are we waving and stipping on this?

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No, actually, the refusals, there's an original refusal, a first refusal, and a second refusal, and that's sort of the only issue.

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At this point, I think form over function, we were just waiting to find out what the Fishtown neighbors wanted to say.

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Okay, so you may proceed.

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Hold on one second, please.

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Carol, if you weren't here this morning, for purposes of the record, we can no longer just ask you to wave and stip.

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It has to be read in its entirety, that statement.

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Okay, good.

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but you can read it in its entirety and then we can proceed okay do you also agree to waive

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You can read it in its entirety, and then we can proceed.

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the reading of the refusal and stipulate to its accuracy again no i do not and i i think i can

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make that pretty clear as to why not uh going forward but if i could i'm sorry if i could

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interject a thought chair and mr whalen um i do have a corrected refusal recently issued

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by the examiner of record based on Elizabeth Baldwin's information we do have a corrected

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refusal and I just wanted to make sure I put that on the record. And excuse me Ms. Sunkit but we also

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have Mr. Reuter here who was going to explain in more detail. All right I'll cede to Mr. Reuter for

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now um hi thank you leonard f reuter a senior attorney for the city of philadelphia

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leonard and do you swear and affirm to tell the truth the whole truth nothing but the truth

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i do and do me leonard please spell your last name for the court reporter

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sure r-e-u-t as in tom e-r thank you please proceed so i i i wouldn't i wasn't you know

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going to get into like the details of the specific uh review by l and i on this matter i know that

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there were several stages that the review took place, and I think there were two, maybe even

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three revised refusals, and I think they involved primarily, you know, again, technical sorts of

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things, but I think this has come up in a couple other cases. I believe Mr. Whalen has, and he can

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speak for himself of course uh his position is that um the refusals are still uh there are still

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errors in the refusal and you know my position is with respect to some to what the authority

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of the board is is that as long as everything is on the record you are reviewing the application

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and plans that are now before you so if you were to say grant the variance um you're great you

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are approving what is being submitted to you now so if there were errors in the prior refusals

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it's it's basically irrelevant it doesn't matter you're approving the project as submitted to you

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at this point and as long as it's on the record what the you know specific you know alleged

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discrepancies are i think it's it's the record will reflect that you were aware of those potential

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discrepancies and nevertheless decided to make the decision that you make so i think it's not

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necessary to really um at this point for the city to get in to you know explaining what the various

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details or the refusals are because the the only thing that really matters at this stage is what

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is on the application and what is being granted it might be different if we if there were questions

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about the use um like you know we we would have like an application for a particular use that

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didn't fit into any specific category and then trying to figure out how to limit the use but all

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of this, I believe, and Mr. Whalen can correct me, all of this stuff in this case, we're talking

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about what would be considered essentially dimensional issues. So the plans speak for

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themselves. And as long as I don't think anybody or even Alan I suggested that there's errors in

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the plans or the calculations, again, you have the plans, you have the application, you can approve

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whatever you want to. And if there were things that were missed in the refusals,

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that it doesn't matter i mean and back in the day just very quickly um it wasn't that long ago that

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l and i would often not issue every refusal they had to they would issue the few big ones

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and then other things that would be either subsumed within those refusals

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um would just be understood because it was understood that the board basically

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at the end of the day just grants a variance whatever the variance is that's being requested

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and and this is i believe new construction or well whether it is or it isn't i mean you have

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construction plans site plan that's proposed and that's what you're approving and the variance is

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to basically allow that and again maybe Ms. Saleta would be able to you know follow up on that but

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again the point being is that under the code you have all the authority that L&I itself has

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so that includes you could just approve you can approve the plan or not I mean I'm not suggesting

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we're not taking any position whatsoever on on on the variance we're just saying that

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it would take forever to go through all the refusals and then have another review and all

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that. It's not necessary. You have that authority. Thank you.

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Thank you. Mr. Whelan? Yes. So if I could, I'll share my screen and give you

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a little bit of this background. Excuse me.

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background excuse me

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Thank you.

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so um what you see hopefully you're seeing i can't tell what you're seeing so hopefully

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you're seeing a philadelphia atlas map with an outline of a project

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this project was purchased by the client several years ago it is address 1324 frankfurt avenue

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you'll see frankfurt is right here obviously a well-known commercial corridor the project

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on what we're calling parcel a this is being subdivided basically right down the middle like

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this is a large rectangular property parcel a along frankfort avenue that building was fully

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approved it is actually probably just a month or two away from a co and occupation um the original

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plan was to on this back half you can see it's a large trapezoidal property that front the back

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half would front then on Lee Street was to build a number of townhomes, which would have been by

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right, fronting on Lee Street with parking. In coordination with the RCO and the public,

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they are hoping to make Lee Street basically a pedestrian-only throughway. They don't want car

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access here. So the developer agreed to scrap the townhome plan and instead construct an apartment

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building. The apartment building would have also been by right under the affordable housing bonus

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because we paid under parcel A the original building as to the entire square footage of the

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entire property. But in a matter of first instance, the city took the position that the bonus could

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not be applied, even though it was for the whole part, that once the payment was made, that was

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final and could not be further applied to the rest of the property so uh here we are now and

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we're proceeding with again here's a better shot basically right where this line is we'll have a

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trap a large trapezoidal property on lee street um the issues with the refusals are i will just go

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this is a second revised refusal dated February 11th, 2021. We have just two issues with this

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refusal. At this point in time, everything has come around full circle. And I should note,

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most importantly, with regard to issues that Leonard raised and whatnot, as far as notice,

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this application was submitted last May. We then spent six months working with LNI in

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this examiner and his supervisors to get what we believed was a correct refusal. And L&I's position

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was when they issued this first refusal, 11-16-20, you can see six months after our first application,

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