civus
Hearing video

ZBA Hearing - March 31, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 31, 20215h 23m

So this project is in the Old Richmond area of Philadelphia, 2563 Salmon Street.

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All we're looking to do is there's a pre-existing garage, one-story garage on this property that goes street to street from Salmon to Emory.

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um we're trying to just build on top of that and uh you'll see in the letter that not only do we

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have a letter of non-opposition from the old richmond civic association we actually have a

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letter of support from the neighbor to the left of us and to the right of us uh really the reason

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why we're here today um and you'll see you know we'll first go over the table of contents the

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deeds certificate of tax clearance notice of refusal application for appeal zoning map photographs

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of the property, architectural plans and drawings, and letter of non-opposition from Old Richmond

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Civic Association, letter of support from 2561 Salmon Street, letter of support from 2565 Salmon

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Street, both owners as well. The reason why we're here today, I'm going to jump straight to the

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notice of refusal, is that all the refusals pertain to the fact that at the request of the

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neighbor to the left of us and to the neighbor to the right of us, we're not demolishing the

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pre-existing garage, which is of a height where by building on top of it, we're getting some of

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these refusals. So the first is the lower roof deck at the second floor is not set back a minimum

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of five feet from the frontage of Emory Street. Again, all we're doing is we're having instead of

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a patio on the first floor, we're having our patio on the second floor on top of that roof

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of the garage. So that's refusal number one. Refusal number two is we have a de minimis height

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variance. Instead of having 38 feet as required by the code, we're asking for 40 feet, one inches.

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Again, the first floor, the pre-existing garage is of a certain height that we cannot have adequate

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floor height for the other floors as well. And then the third variance is that the open area,

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We have no open area because, again, the first floor, we are having the garage that goes street to street, and then we have the patio on the second floor in the rear.

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So everything has to do with the fact that we're using the pre-existing first floor garage at the request of the neighbor to the left of us and right of us.

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It was really important to them for us not to have a newly constructed building with underpinning between those houses.

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So, you'll see the application for appeal that we filed with the Zoning Board of Adjustment along with the Notice of Refusal and the Project Information Form.

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The zoning map, again, this is, you know, an RSA 5 of the part of the neighborhood.

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We're just off of the 95 exit.

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We go street to street.

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You can see from Salmon to Emory.

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You can see the overpass here.

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You can see photographs of the property.

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This is from Salmon Street.

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As you can see, this is the one-story garage I was mentioning.

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This is the rear of the, from Emory at least, of the property with the garage.

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Pictures to the right of the property on Salmon.

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Pictures to the left of the property on Salmon.

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Pictures to the right of the property on Emory.

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Pictures to the left of the property on Emory.

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And then there's architectural plans and drawings.

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and you'll see oops sorry

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now we're trying to keep the brick facade this is a three-story prop neighborhood part of the

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neighborhood we're not going that much higher than what's allowed you can also see that it's if you

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look at it based on the roof line we're also instead of doing a parapet wall which would allow

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for another three and a half feet off of the 38 we're doing something that you can see through

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we're doing something that you can see through so in essence it's almost the same thing if

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so in essence it's almost the same thing

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because the 38 feet is based on the roof line uh not the power pit this is the rear of the property

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and then this is you know our second our second floor patio area which would be like on the first

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floor but for the fact that we have a garage there and that's our refusal and then oops

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Let's try to go through the floor plans quickly, it's going to reduce the size.

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So floor plan is pretty basic.

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You have an open floor plan on the first floor with a livery room, kitchen and dining room,

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and then you have, oops, actually I'm sorry, this is it.

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You come in, there's a den, there's a lounge area, there's a living room, kitchen, dining room, and then there's three bedrooms.

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The top floor is the master.

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And again, we have a letter of support.

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What's it called?

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11 people voted, 10 in favor, 1 in opposition.

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Of the 10 that voted in favor, 8 were within the affected area.

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and then we have our letters to support from the neighbor to left of us and right of us and both

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of them stated it was it was contingent on the fact that we we not do on any underpinning which

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we have no intention of doing because we're keeping the pre-existing uh garage with that um i asked

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that uh louisa gonzalez uh virtually raise his hand good afternoon mr gonzalez please identify

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yourself with the record, spell your first and last name, and I'll swear you win.

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Mr. Gonzalez has been allowed to talk.

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Hello, Mr. Gonzalez.

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Again, please identify yourselves by your first and last name.

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Yes, how you doing?

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Luis Gonzalez, L-U-I-S, last name G-O-N-Z-A-L-E-Z.

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

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Yes, sir.

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Thank you, Mr. Knockington.

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Yeah, Mr. Gonzalez, you heard everything I stated today.

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Yes, sir.

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And is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes, sir.

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Okay.

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Any questions from the board?

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No.

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Would anyone else like to testify in this case?

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If so, please raise your hand.

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No further hands at this time, Mr. Chair.

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Commission, I'm Bednar City Planning.

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property is indicated for single-family residential use on the city plan we believe the applicant has

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not demonstrated necessary hardship regarding the requirements of the code the application is an

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inappropriate over build not consistent with our adopted district plan recommended the quest for

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variances not be granted I think it may have been noted for the record I'll do it again the old

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Richmond Civic sent a letter of non-opposition, as did Councilman Mark Squilla. MI 2021-000428-2563

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Salmon Street. My vote is yes. My vote is yes. My vote is yes. My vote is yes.

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thank you sure calendar number 0449 39-40 south 11th street gussie o'neill is the attorney

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miss o'neill has been promoted to panelist

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Ms. O'Neill.

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Good afternoon.

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Hi, can you put your name and address on the record, please, and spell your last name?

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Sure. My name is Augusta O'Neill. Last name is spelled O-N-E-I-L-L.

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My address is 1835 Market Street, Suite 1400, Philadelphia, PA, 19103.

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

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I do.

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Do you also agree to wait the reading of the refusal and stipulate to its accuracy?

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Do you also agree to wait the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter from them?

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Yes to everything.

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Thank you. You may proceed.

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Thank you very much.

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I'm just going to share my screen, if you give me one second, I'm sorry.

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Can everyone see my screen?

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Yes.

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Yes.

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Wonderful.

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Thank you so much.

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Mr. Chair, members of the board, I represent Ace Sign Company on this application.

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Ace is proposing to install two wall signs for WeWork on the property that's located at 34-40 South 11th Street.

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This property is currently zoned CMX5.

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We received a refusal on this application due to the height of the sign.

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In the CMX5 zoning district, the signage cannot be above the second floor windowsill.

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The reason that we work, the tenant in this building, needs the signage is for wayfinding purposes.

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It's received complaints from tenants that the building is extremely difficult to find.

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People who have come to the building for networking events have also complained that the building is really difficult to find.

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The existing signage you can see here and on the wall of the building here is pretty small.

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The building's main entrance is right here, and this is actually Clover Street, which is just a

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small side street. It's not really visible to visitors who are coming in from either Chestnut

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Street or Market Street. ACE is proposing to install signage on the northern and southern

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elevations of the building, as you can see from the signage plan that was provided with my exhibit

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package. The signage is going to be similar to signage that WeWork has on its building,

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currently at 14th of Walnut. I'll show you a picture of what that looks like.

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So here's what it's going to look like if this application is granted on the building.

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Ace Sign Company already proposed its signage package to the Art Commission.

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they received the art commission's approval on december 5th a copy of that approval is

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provided in your exhibit package at page 31

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we met with the rco for this property the fifth ward republican rco on march 25th

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and they did provide a letter of non-opposition which i provided to the board solicitor this

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morning members of both the we work and the ace sign company teams are available if the board has

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any questions. At this time, I would like to call forward Elise Zenzelietta of A Sign Company to

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adopt my testimony. So, Elise, if you could just hit the raise hand button.

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Good afternoon, ma'am. Please identify yourself with a record, first and last name. Spell your

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name. My name is Elise Zenzelietta, A-L-Y-S-E-Z-I-N-Z-I-L-I-E-T-A.

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I do

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Thank you, Ms. O'Neal

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Thank you

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Elise, did you hear the testimony that I just gave

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about the application that you made?

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Yes, I did

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And was my testimony true and accurate?

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Yes, it was

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And do you wish to adopt it as your own?

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Yes

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Thank you

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Thank you, any 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 please raise your hand

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no further hands at this time Mr. Chair. Thank you. Planning Commission. Bednar City Planning

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property is currently indicated for center city core commercial use city plan we recommend

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under the granting of the request of variance.

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Thank you.

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MI 2021-00044934-40 South 11th Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Number 12, Carol, last one.

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Thank you so much.

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Thank you. Thank you. Calendar number 0453 880 Edison Avenue. Sean Ward is the attorney.

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Thank you.

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Thank you.

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Calendar number 045388.

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A letter of non-opposition from Councilman O'Neill and a letter of support from Somerton Civic

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Association.

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Mr. Ward has been promoted to panelist.

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still on the road. Thank you. Sean, can you please put your name and address on the record, please?

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There you are. Here I am, live in each other. Name and address on the record and spell your last name.

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My name is Sean Dennis Ward, WARD 331 East Street Road, Treeboast, Pennsylvania,

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1-9-0-5-3

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I am here on behalf of

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Before you even say that

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you're still under oath and do you also

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agree to wait the reading of the refusal

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and stipulate to its accuracy

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I most certainly do in this case

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I represent Kevin Shannon

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Before you say that

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have you emailed an exhibit

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packet with the required documents

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consisting of proof of ownership

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tax compliance, refusal

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referral, photos and or plans of the property

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five days in advance of this hearing

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and have you met with the RCO

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and do you have a letter?

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Yes, to all of the above.

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That's really wonderful.

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You may now proceed.

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I didn't think it would see you

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until April 1st, 2026.

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We were really hoping for that.

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Oh, yeah.

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Don't make me come over there.

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