civus
Hearing video

ZBA Hearing - February 24, 2021

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

Good morning. I'm Antoinette Phillips. I reside at 1527 West Benango Street, and our community is definitely...

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Do you swear, ma'am, do you swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you, ma'am. Please proceed.

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Yes, I am a concerned neighbor. I live 1527 West Benango Street. I attended the meeting with the RSO. We made it very clear to the owner that we did not want that type of property. It is very, it is zoned for a single home. And, you know, that's why we're on here supporting. We do not want that in our community.

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Thank you. I'm going to go to the Planning Commission.

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Thank you, Chair. Ian Hegarty for the Philadelphia City Planning Commission.

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Sherry Tico, yeah, we would support the neighbor's position. The comprehensive plan

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recommends no change to the single-family zoning at this location. It seems that the applicant's

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claimed hardship is an economic hardship whereas use variances as you know require the applicant

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to demonstrate that the development is restricted by some kind of unique physical condition

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and at any rate we feel the variance doesn't represent the least modification possible of the

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dimensional or sorry the use regulations in issue and so we would recommend that the board deny the

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variance. Thank you. MI 2020-001-209, 1519 West Venango Street. My vote is no. My vote is no.

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My vote is no. My vote is no. MI 2020-002-622, 1713 South Street. My understanding we have

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do not have any exhibits? Is there anyone here for 1713 South Street?

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This is Sharon Sledek, just confirming that we have not received exhibits. This is the first

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listing okay mi 2020 thank you mi 2020-002-622-1713 south street is continued

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we'll go to the next case mi 2020-000305 1815 south conestoga street

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my own it's our understanding that the attorney mr richard de marco is no longer representing

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the applicant and we as of yesterday we have not received any exhibits is there anyone here

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for 1815 south conestoga street no hands chair this will be the first continuance sharon it was

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previously continued on november 3rd i see it i got it yep i got it sorry about that all right so

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MI 2020-000305. 1815 South Conestoga. My vote is to dismiss. Dismiss. Dismiss. Dismiss.

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Thank you. Number five on our list. MI 2020-002563. 1925 North 5th Street.

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No hands chair. Thank you MI 2020-002-563-1925 North 5th Street is continued. Number six on our

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list. MI 2020-002560. 2000 East Huntington Street.

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I have Mr. Sean Ward coming in as a panelist now.

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Mr. Ward, good morning. Please identify yourself with the record and I'll swear you in.

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Good morning, Mr. Chair. Sean Ward on behalf of the applicant.

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You're swearing for him to tell the truth, the whole truth, nothing but the truth?

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I most certainly do.

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All right. We understand there's a letter from East Kensington Neighbors in support

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and a letter of non-opposition from Councilman Squiller. Please proceed.

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Sean, you agree to wait for reading of its refusal and stipulate to its accuracy?

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Yes, I do.

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Yes, I do.

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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Have you emailed an exhibit packet with the required documents?

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Yes, I have.

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And, yep, you have a letter, right?

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Yes.

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All right, Mr. Chairman, I've submitted my typical virtual hearing packet.

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is for the property at 2000 east huntington street at calendar 2020-002560

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my client is fidan basha f-i-d-a-n-b-a-s-h-a a1 is the notice of refusals to a permit for the

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erection of an attached structure not to exceed 38 feet with a pilot house roof deck and for use

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as a three family dwelling. The application resulted in two refusals, one for open area,

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20% being required, 12.3% being proposed, seeking a 76 square foot variance. I would point out that

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the minimum rear yard depth is complied with. However, given the width of the lot, we are short

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of the 20% required open area.

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Additionally, three-family is not permitted in the district,

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so we seek dimensional and use variances today.

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I need to get this out of the way.

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Hang on.

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Oh, there we go.

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Okay.

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I'm adjusting my screen so I can see what I'm doing.

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um so a2 is the zba application of appeal a3 project information form a4 proof of ownership

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a5 tax clearance a6 are the site elevation and floor plans a7 are photographs of the subject

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property with aerial views uh i would ask that the rco letter be marked as a8 and councilman

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squall's letter be marked as a9 as far as relevant zoning history uh in 1946 this was a retail store

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and three apartments. Currently it's a vacant lot and we're just seeking to institute a three-family

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dwelling with no commercial use. A11 is the relevant zoning history of the other properties

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surrounding the subject. I would point out that 2601-15 Emerald Street is a 40-unit apartment

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complex approved January 4th of 2018. Although that is zoned RM1, it's 40 units in two buildings

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directly across the street from this particular property.

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A-12 is the zoning map, and A-13 are the aerial photographs.

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So very quickly, we have the application of appeal, notice of refusal, project information form,

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proof of ownership, proof of tax clearance.

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You'll see 2021 taxes are due, but they're not due yet.

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they're due in March. You'll see on the plan that it's a vacant corner parcel. On the one side is

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the grocery store. We propose a three and a half story structure, partially a sunken basement.

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Floor plans call for three units. Unit A would constitute the first floor and basement.

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Unit B would constitute the middle floor, second floor, and then Unit C, obviously, would occupy the third floor.

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Unit A has its own separate entrance from the side street, whereas the entrance for the upper units is gained from the front of the property.

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Here are a couple photographs of the subject and the adjoining properties.

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this was the notice to the rcos that included the uh the hearing date and time

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it included a copy of the refusal as well as a copy of the zoning notice indicating the date

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and time of the meeting and the login information proof of mailing 163 identical pieces were mailed

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out to the neighbors on the list provided by the planning commission we have copies of the zoning

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permits i should say three apartments and a store the parcel across the street here is the zoning

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permit issued for that in 2018 and this is what it looked like on a google earth photo back in

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August of 2019. I have not seen the property, whether it's completed. I believe it is. And this

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was the artist rendering of that subject property. The zoning map, the aerial photo.

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the zoning map, the aerial photo. Again, we met with East Kensington neighbors. It was two in

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opposition, 27 in support of the application. Again, here's their vote count. And we received

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yesterday from Councilman Squilla a letter of non-opposition for the application.

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That's all I have. As an officer of the court, I would ask the board to stipulate that if my

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client was present to testify he would adopt my representations as his own as true and correct

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

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if so please raise your hand i see no hands chair thank you planning commission

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Thank you, Chair Chico, Ian Hegarty for the Philadelphia City Planning Commission.

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Chair, in 2016, the zoning map was amended in this area in accord with recommendations from

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the comprehensive plan with the support of the community. This parcel was intentionally

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not changed from single-family zoning, and we feel that the hardship is not justified here

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because it's a vacant lot on the corner with no unique physical characteristics that would

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impede development. And also we further believe that the proposed variance is not necessary to

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enable viable economic use of the property. And so we would recommend that the zoning board deny

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this variance. Thank you. MI 2020-002560 2000 East Huntington Street. My vote is yes. My vote is yes.

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My vote is yes. My vote is yes. Thank you. Thank you very much. That concludes my business.

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Yes, you may. Have a good day. MI 2020, that's 002-526-2404 South 4th Street.

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anyone here for two four zero four south fourth street

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michelle you can unmute yourself

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Ms. McCurdy, you have to unmute yourself.

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Okay, how's that?

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Got you now.

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Please identify yourself with a record, spell your full name and address.

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My name is Michelle McCurdy, M-I-C-H-E-L-L-E-M-C-C-U-R-D-Y, 6944 Jackson Street, Philadelphia, PA, 19135, and I'm the attorney for the appellant.

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

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yes i do also begin i want to just for the record i want to state that

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my understanding is the whitman council sent a letter of support that is correct actually i did

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send all over the exhibits in a timely fashion i believe last thursday just a second away to

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reading of its refusal and stipulate to its accuracy yes also have you emailed an exhibit

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packet with the required documents, proof of ownership, proof of tax compliance, copy of the

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refusal or referral photos and plans five days prior to this, Erin? Yes, I did. Also, have you

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met with the RCO and have a letter? Yes, yes, I do. Okay, please proceed. Okay, we are seeking use

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of a two-family dwelling in a zoned single-family area. As stated in my application, there is no

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modification to the existing structure. If you have it, Ms. McCurdish, pardon the interruption,

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but if you have any exhibits you can share them with us as you're speaking. Sure, I will,

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if you bear with me, I will try to include them. I'm sorry I'm not familiar with this.

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Let me see if I can get them up there.

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um can you still hear me yes okay um so miss mccurdy yeah once you have your documents open

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that you wish to present you're going to hit the green share button at the bottom of your screen

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on the Zoom application.

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Okay.

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Once you hit that share screen,

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Once you hit that share screen, then you click on the actual documents that you wish to present.

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then you click on the actual document.

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Okay.

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For some reason, I can't get back to my screen with you guys.

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Let me see.

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You're probably not going to be able to because you're going to be sharing your screen and the documents.

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Okay.

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Okay.

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Let me see.

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Share screen.

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Okay.

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I got it now.

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There we go.

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It's coming up for us.

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Okay.

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Now double-click into the extra exhibit package.

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Okay, sure.

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Okay, first thing will be the zoning appeal.

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Here's my letter.

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So, Ms. McCurdy, we're not seeing the documents yet.

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Okay.

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So, if you unshare, because the idea is that you should have your documents open, which makes it easier.

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If you open up the file, go back to the share screen, click on it, it should close out.

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Again, I apologize for doing your...

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Did you hit the green share screen down button?

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You know what, I don't even see that on my...

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Okay, I'm going to take this down.

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Okay, now, what I need you to do is open up your exhibit package so it's visible on your desktop or screen.

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Okay, sure.

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Then you share your screen, and they should present on our screen.

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so is your document open yes it is and now what do i hit now hit the green share screen button

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you know what i don't see that on my

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you don't see it at the bottom

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no i don't you might have to exit full screen you might be in full screen view

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so go up to your view button and make sure you're not on full screen

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how we doing not too well i am once again i apologize can i is there any way i can get

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through my case and then try to um get these things to you it's the chair we have the documents

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but it's called yeah okay let's proceed yes thank you okay um like i stated uh there was no

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modification to the um existing building uh when the appellant purchased the building

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uh it was already set up as a duplex i believe at one point prior to that it was the dentist office

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and the prior um owner converted that um at the uh at the rco meeting um there were certain issues

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issues that were brought up which were which were satisfactory satisfactorily addressed

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which resulted in a favorable recommendation from the RCO committee other than that I think

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that's that's what I have to present today basically this is a legalization correct yes

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all right thank you questions from the board

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no

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anyone else like to testify in this case please raise your hand

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chair i have a kathy

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ms kathy you can unmute yourself

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simon

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simon simon

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Good morning, Ms. Simon.

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Technical issues all over the place today, huh?

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While we're waiting for Ms. Simon, is there anyone else who would like to testify?

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Please raise your hand.

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No more hands, Chair.

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Thank you. Planning Commission?

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Thank you, Chair. Ian Hegarty for the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing residential single-family

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zoning at this location. However, the proposed use is consistent in terms of impacts

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with documented previous uses and the existing illegal use hasn't caused any

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with documented previous uses and the existing illegal use hasn't caused any significant problems

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and so the City Planning Commission would recommend that the Zoning Board approve the variance.

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Thank you very much. MI 2020-002526, 2404 South 4th Street. My vote is yes with the proviso.

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CO to be obtained within nine months. Yes with proviso. Thank you. Yes with proviso.

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Yes, we're for Vizo.

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UMI 2020-002570, 327 South 16th Street.

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Mr. Crick.

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Good morning, members of the board.

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Justin Crick, K-R-I-K.

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Address is 1500 JFK Boulevard, Suite 630, Philadelphia PA 19102.

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

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I do.

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Okay, so you understand that the onset, we do have a letter of opposition from the Center City residents.

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