civus
Hearing video

ZBA Hearing - February 24, 2021

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

anyone else would like to testify please raise your hand

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no more hands chair thank you planning commission thank you chair chico eden heggerty for the

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philadelphia city planning commission the comprehensive plan recommends no changes to

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the existing residential single family zoning on this lot however it's clear the applicant's

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property is uniquely shallow and the proposed variance would legalize a non-conforming use which

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has not caused significant negative impacts to neighbors.

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And so the City Planning Commission recommends

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that the zoning board approve the variance.

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Thank you.

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MI 2020-00.

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Excuse me, Chair.

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Chair, I'm sorry to interrupt, but before you vote,

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you submitted two plan, two pages of plans, not three.

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Yeah, Exhibit E is apparently, I see a three page.

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do you want me to resend the three pages is is it absolutely necessary to have the third page

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the third page is not necessary okay then we'll stay with the two pages thank you thank you

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okay mi 2020-002527 537 league street my vote is yes with the proviso revised plans two pages

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approved today. Yes with proviso. Yes with proviso. Thank you. MI 2020-002573. Thank

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you. Thank you. 581 Geneva Avenue. We have Vern. Good morning, Mr.

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Mr. Anastasio, please identify yourself for the record, and I'll swear you in.

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Good morning, Mr. Chairman.

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Vern Anastasio, 1315 Walnut, Suite 1006, Philadelphia, PA, 19107.

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And Anastasio is A-N-A, S-T-A, S-I-O.

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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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I do, sir.

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Thank you.

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Please proceed.

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Affirm, are you looking to wait the reading of its refusal and stipulate to its accuracy?

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I do, sir.

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Also, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance,

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copy of the refusal or referral photos and plans five days prior to this hearing?

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I have.

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Also, have you met with the RCO and have a letter?

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I do.

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Thank you. Please proceed.

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Thank you. I'm going to share my screen.

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All right.

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581 Geneva Avenue. This application is for multi-family household living, three-family

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dwelling in an existing structure. This is a very unique property, as you'll see. It's

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a corner property. It has three separate, actually four separate entrances, one in the

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rear, two on the side. This already has more than one electric meter. I'm going to pull out a little

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bit here. That's the front door on Geneva itself. These are the roll-down gates that it used to be

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commercial space on the first floor there's the rear entrance backyard side two doors again

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and there's additional space there's an entrance over here to the left that goes to the second

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floor there's of course an entrance to the first floor on the side and there's the rear entrance

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on the side. And there's the rear entrance to the third floor as I showed you. Here are some interior

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to the third floor.

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photos. It's been empty for quite some time. I spoke to the immediate neighbor right next door

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and they said it's been empty for years. It's been a dark corner attracting

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you know uh folks that shouldn't be hanging out on that corner also uh it's a source of trash

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uh litter uh snow doesn't get uh shoveled nor does ice get removed so they are looking forward

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to my client um now that he owns it uh rehabbing it we've got three units all of ample size

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765 square foot on the ground level. Above that it's another 726 square foot on the second and at

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the top 596. I think it's important to note as I showed you in the photos there are two side doors.

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one of the doors will be an access to the ground floor apartment the other door however is going

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to be for a separate common area so that all three tenants can store their trash it'll also

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be a place for washer or dryer hookups as well so there is a comprehensive trash plant uh he's

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you know the design is well thought out in that regard let me take a take you down

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we met with the 40 the new 42nd ward rco

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here's a copy of the flyer that was mailed

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let me have our deed

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and we met with the 42nd ward it was a letter of support it was unanimous

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i have a tax certification i also have a certificate of mailing 169 properties were mailed

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and um again uh i think a general consensus was folks are just happy that this is going to be

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finally rehabilitated and brought back to life given the history of the property and given the

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unique conditions of the property uh we respectfully request granting of this variance

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and with that i i'd like to uh have pedro my uh client please raise his hand

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pedro segura yes he can unmute himself mr segura please identify yourself with the record spell

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your full name uh yeah this is pedro segura uh s-e-g-u-r-a firm to tell the truth the whole

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truth nothing but the truth yes sir thank you mr anastasio thank you mr chair

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Mr. Sigour, did you hear my presentation to the board this morning?

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Yes.

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And was it true and accurate to the best of your knowledge?

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Yes.

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And would you adopt it as your own testimony if need be?

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Yes.

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Thank you.

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I have nothing else, sir.

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Thank you.

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Questions from the board?

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No.

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No.

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Anyone else like to testify in this case?

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Please raise your hand.

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Yes, Chair, we have Ms. Hillary.

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Good morning again, Ms. Emerson.

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you're still under oath from earlier yes good morning Mr. Chair members of the board um the

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councilman does not oppose the requested variance for three units at this property um this property

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has a history of already being uh separate units as Mr. Anastasia noted with the commercial on the

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ground floor um it is a large above grade um property with separate entrances um so we believe

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that three units would be appropriate at this site. The community that attended the meeting

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did support with provisos, the provisos they recommended and we support our certificate

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occupancy prior to occupancy and exterior lighting was discussed and Mr. Anastasio alluded to the

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dark nature of the corner. And then the last proviso, which we'd recommend to just confirm

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what was already planned was interior trash storage so that any future owners wouldn't

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be storing trash outside of the building.

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Thank you. And the first provisor, was that the CO?

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Thank you. And the first proviso, was that the CO?

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The CO, yes.

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The CO, yes.

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Okay.

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Okay, thank you.

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Anyone else like to...

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We, of course, agree to all of that, by the way.

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Okay, I'll put that in as a proviso.

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Anyone else like to testify?

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No more hands at this time, Chair.

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Thank you. Planning Commission?

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Thank you, Chair DeChico.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Comprehensive plan recommends no change

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to the existing residential single-family zoning at this site.

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We recognize the existing building is not built as a typical single-family dwelling.

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However, the documented prior legal use of the property is for one commercial space and

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one dwelling, and we therefore argue that the variance does not represent the minimum

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variance necessary to afford relief.

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We recommend that the zoning board grant the variance with the condition that the use be

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limited to two dwelling units.

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Thank you.

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Mr. Anishazzo?

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Just that there are already three separate entrances and to have one large unit, the bi-level unit, we think could pose problems with overcrowding too many bedrooms and runs the risk of end up being more of a rooming house than distinct apartments.

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these are minimum 600 square feet and they are approachable price points for people in the

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community it was okay the proposal was vetted pretty pretty carefully thank you mi 2020 does

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000634 6756 guyer avenue my vote is yes with the following proviso certificate of occupancy to be

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obtained within the nine-month period and trash in all units to be stored inside.

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Mr. Chairman, that's a significant rehabilitation of the property. We may not be able to meet the

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nine-month period goal. Well, upon completion of the project, the CO would have to be maintained

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within nine months. Very well. Excuse me, Chair. This is Sharon Sletta. I believe Ms. Emerson

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suggested that it be obtained prior to occupancy would that work

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they go to be obtained prior to occupancy thank you okay thank you thank you Sharon

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board vote

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yes with proviso yes with proviso yes with proviso okay thank you Mr. Chairman thank you

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Before we go further, Mr. Chairman, I actually have one matter that you called out and you were kind enough to continue.

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It's 1925 North 5th Street.

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Excuse me, Chair.

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I'm sorry to interrupt again, but I just had a text message from Ms. Emerson.

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she believes you may have read the last case as Geyer rather than Geneva before you voted.

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She's absolutely right. I did read it wrong. Sorry about that. MI 2020-002573

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581 Geneva Avenue. My vote is yes with the proviso of trash to be stored inside

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all units and certificate of occupancy to be obtained at the time the project is

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complete. Was that what it was, Sharon? No, it's certificate of occupancy to be

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obtained prior to occupancy. Prior to occupancy. Thank you. So we need another vote on that,

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gentlemen yes thank you yes proviso all right let me go to the next one that i made a mistake on mi

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2020-000-634-6756 guyer avenue is there anyone here for this case

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we only requesting the applicant

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sorry say that again we're only requesting the applicants to raise their hand it's the applicant

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here no hands at this time chair thank you and this being the third listing and a must be heard

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my vote is to dismiss oh dismiss dismiss dismiss okay uh before we go to the first case that we

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were putting off to the last uh on the 9 30 list uh two things i think maybe

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on the 9 30 list two things I think maybe the court reporter can use a five or ten minute break

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so we will come back here at 12 noon and just a word to the applicants and his or his or her

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attorneys we understand that this may have some controversy we're not going to go past

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45 minutes on this case because we're required to take a break uh staff has to have a break so

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bear that in mind we'll be back here at 12 o'clock excuse me mr chairman briefly may i please

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i wanted to i just wanted to bring up 1925 north 5th you earlier this morning uh continued the

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matter, and I was to request a withdrawal. Okay, so I'll go back on the record. MI 2020-002-563-1925

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North 5th is withdrawn. Thank you. Have a good day. 12 o'clock. Be back.

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We're recording.

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yeah Keisha we ready yes okay we're back on right uh MI 2020-002-446-428-30 West Thompson Street

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all right members of the board I got a new webcam hopefully I look a little bit better than before

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you look great um please identify yourself and we'll swear you in certainly members of the board

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Good afternoon now.

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Leo Mulvihill, M-U-L.

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He is in Victor, I-I-L-L.

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Address is now 1441 East Oxford Street, Philadelphia, Pennsylvania, 19125.

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

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Always.

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Thank you.

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Confessor?

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I believe this is our resumption here, is that correct?

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Yes, that's correct.

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Okay, may proceed.

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Members of the board, I just texted my client, so they weren't waiting on the line all morning.

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They may be joining in a moment.

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We'll be Chris Stefano and Marnie Drames.

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That's C-R-I-S, capital D-E-F-I-N as in Nancy O, and Marnie is spelled M as in Mary, A-R-N as in Nancy I, and last name is capital D-R-A-M as in Mary E-S.

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Leo, if you can just increase the volume a little bit.

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i'm trying you know this there you know that's good that's good there we go great i got this

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so members of the board last time we had some technical difficulties here's my packet

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um this is a contested hearing and i don't want to waste everyone's time with

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the continuing uh going over everything but last time we had a couple questions

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chairman i believe from you specifically regarding um what we had with respect to

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spiral stairs and sun studies and all this stuff so here's what we're going to do i'm just going

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to go right to the plans because we have all the other stuff here has been submitted I incorporated

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into the record by virtue of reference there's a long history with the RCO which held a vote

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without us present after making us wait half an hour after rescheduling a thing without notice

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that doesn't matter photos I've already shown members of the board so I'm getting now to the

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end of my packet for purposes of the record for the packet that I submitted members of the board

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just confirm you can see currently what I am showing on my screen single page all right I'm

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going to get rid of myself I'm going to keep myself around so members for purposes of the

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record we're looking at page I believe it's 80 of my packet and this is a revised plan um more or

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less that's been submitted along with the proviso sheet to Ms. Saleta uh we're proposing just to

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remind the board 40 foot tall single family home in a single family district in an irregularly

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shaped plot. Won't belabor that point. Chairman, you asked last time about a sun study and about

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spiral stairs. So let's just cut to the chase there. Where are we here? So here's our sun study

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first. So this is our proposal, 40 foot tall building with no parapet. That's what we are

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asking for because members of the board, as I belabored last time, if we did a 38 foot tall

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building with a solid parapet, we're actually taller and are putting more shadow and matching

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over everybody. So we're not doing that here. So what we have here is a sun study. I've submitted

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