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Hearing video

ZBA Hearing - April 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 24, 20246h 7m

We're on Jefferson, so it's kind of like a stretch for the elderly.

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So we make deliveries and we also get food in every Thursday and also sometimes.

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So we make deliveries and we also get food in every Thursday and also sometimes Tuesdays.

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Also, from four to eight, we want to have a planning for the kids in the neighborhood to either come like a safe space for the kids to come to and have an opportunity just to enjoy themselves.

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Because sometimes the outside is not so nice in the area.

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Okay. Anything else you want to contribute?

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At this point, no.

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Okay.

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Questions from the board?

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No, Mr. Chairman.

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Dij?

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LeBaron?

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LeBaron?

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Give me a minute here.

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Ishmael?

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It appears he dropped out here, but LeBaron is here.

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I think he's just having trouble unmuting.

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Okay.

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We'll be right with you, counsel.

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Thank you.

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trying to get back in now

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we have the baron's phone number

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yes i'm i'm in touch with him mr sheriff working to get in touch with him okay

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can you hear me now i can is that you ish yes i didn't have any questions for you

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okay thank you questions or comments from our attorney hillary emerson

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My only comment was that I didn't know if Mr. Dean wanted either of the individuals who testified to adopt his testimony.

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Didn't you say that?

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I did with Ms. Slaughter.

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Okay, I'm sorry, then I missed it.

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That's okay, thank you.

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Questions or comments from the virtual audience?

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I do not see any further hands at this time, sir.

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My planning commission.

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Good morning, Meg Cavanaugh, Planning Commission staff.

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The comprehensive plan recommends no change to the existing single-family residential zoning at this location.

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However, this property has evidence of a previous commercial use.

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The City Planning Commission recommends the board grant the variance for assembly and entertainment use.

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Thank you. MI 2023-006-882-5235 Jefferson Street, I vote yes.

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Thomas Holloman, my vote is yes.

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yes ishmael shaheed my vote is yes thank you counsel thank you everyone have a nice day

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all right and i appreciate um moving us up hillary all right thank you number six mi 2023

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zero zero zero two four one 1809 to 17 north 32nd street henry clinton is the attorney

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no letter at this point from the RCO

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but there was a meeting held 328-24

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strawberry match in CDC

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they're coming back in as a panelist

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morning Mr. Chairman and members of the board

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morning Mr. Clinton could you please state your name and spell for this stenographer

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Sure. My name is Henry Clinton. It's H-E-N-R-Y Clinton, C-L-I-N-T-O-N.

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

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I don't.

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Would you identify your client and relationship to the property?

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Sure. I have several clients. They're all related. One is the estate of Edith May Williams, the executive.

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They're all related. One is the estate of Edith May Williams. The executor is her son, Joseph T. Williams. He's on the call. And then his brother, Paul Williams, also owns a couple of the parcels that are being consolidated today, and he's on the call.

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Thank you. And our vice chair has just a few questions for you, sir.

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Good morning, sir. Do you agree to read the reading number of fees or certificate to a game?

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I do, Mr. Shahid.

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Have you emailed them all the required documents and exhibits that's needed and required to proceed with this case five days in advance of this hearing?

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The bulk of everything was in five days. We just recently sent in photographs of the postings.

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Okay. No doubt. Please proceed and share your screen.

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Thank you, Mr. Sheehan.

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No problem.

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Is that visible, Mr. Chairman?

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It is.

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Again, good morning, Mr. Chairman, members of the board.

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Henry Clinton on behalf of Joseph Williams, the executor of his mother's estate, and Joseph

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Williams' brother, Paul Williams. This is phase two of a two-phase project, and I will show the

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board what phase one was. It's basically the duplication of what was done about a year and a

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half ago, and I'll discuss it as I get to the refusal. So these are the table of contents

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containing it's good it's a1 through a10 i also have a couple articles to to show the board just

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just for for edification of what's going on in the uh in the solar field um this is the refusal

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so this lot right now and i'll show you aerial aerial photographs is basically vacant it has

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two structures that are dilapidated uh and we're proposing to consolidate four lots into one lot

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and then subdivide that one lot into 14 single-family homes,

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seven on One Street, Moore Street, and seven on Wilt Street.

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This basically, Mr. Chairman, is the exact same project

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that was before the board, as I said, a year and a half ago,

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right across the street.

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And when I show you an aerial photograph, I'll bring it into perspective.

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We had basically four refusals.

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We did meet with the community group.

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Their chief concern was that this project sits in the Strawberry Mansion overlay and roof decks are not permitted.

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We do not have a roof deck.

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We have a roof area, and on that roof area will be a solar array of solar panels because this is an all-electric house.

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The architect from Cano Design, Mr. Yontz, will testify at the end that the materials that we're going to use for the roof are not to be walked on.

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They're structural materials basically to support the solar array that's going to be on the rooftop deck, excuse me, the roof area, I don't want to say deck, for each of these 14 properties.

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There's no other way to access the roof to maintain the panels and or to maintain the condensers that will be up on the roof.

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So that was the main issue that the community had.

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Hopefully someone from the community is on the call and they will basically second my comments.

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The other refusals are open-air refusals, two of them.

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We're about half of what's required for the parcels.

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Two of the parcels were only less than 5% off, so I would say that's the minimus.

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The other refusal has to deal with the rear yard of several of the lots.

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Again, we're just about two feet off.

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And then the lot area, the architect is going to address this at the end.

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Because of Section 14 of the code, there's an explanation as to why we really are in compliance in the lot area, but we'll get to that at the very end.

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So let me get to the heart of the project.

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Again, we do not have an RCO letter.

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Hopefully someone's on the call.

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I don't know that the RCO, frankly, Mr. Chairman, would write a letter of support.

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So maybe they're just staying neutral.

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I don't know.

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Again, I hope someone's on the call.

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So here's the photograph of the project.

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montgomery avenue here this is 33rd street the reservoir is up here uh the park is to the left

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a closer view so right now the parcel we're talking about is where my cursor is making

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a square these are dilapidated buildings here on the corner and this is a one-story garage directly

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across the street is phase one phase one is the exact same layout the exact same structure same

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number of bedrooms, solar array on a roof area, and seven houses on one street and seven houses

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on the other street. And we're proposing the same thing over here. Seven houses on Wilts Street,

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seven houses on Marsh Street, and with the drive aisle down the middle, just like the project next

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door. The project next door, foundations are poured. It's not up and running. I can't really

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show you photographs of what it's going to look like, but I can show you renderings.

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but I can show you renderings.

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So this is, again, the existing parcel.

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So this is, again, the existing parcel, Moore Street here.

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Moore Street here.

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Wilt Street is over here.

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32nd Street is running north-south.

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The two buildings, three-story buildings,

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which are uninhabited and have been uninhabited

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for a number of years, will be demolished,

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and the one-story garage will also be demolished.

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Just another perspective in the foreground

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is the current approved 14 single-family homes with two-car parking. Again, we're duplicating

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that same project right across the street with the same architect and basically the same owners.

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So here is the subdivision plan. So basically, there's four lots, one, two, there's a large lot

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here and then a fourth lot here and then the entire square will be consolidated and then

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it's going to be subdivided into seven lots on wilt street w-i-l-t like in wilt chamberlain

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and seven lots on moore street with and 32nd street is to the west so the idea would be

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you would come down 32nd street enter to the rear and you have two car parking for each of

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these single-family homes. Again, just another depiction in the utility plan, because we do

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have to bring electric lines into the property for the solar array on the rooftop. These are

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just detail sheets for the solar array panels. I don't think I want to spend much time on that.

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again the roof mounted and meant to be placed on the roof

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because these homes are all electric as i said before again just another layout of

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the project seven houses to the north seven houses to the south drive aisle ample turning radius

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we do have streets approval again you can see there's two car parking for each of the properties

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So we're really, you know, we're losing one parking spot because of the curb cut on 32nd Street, but we're picking up 14 spaces and hopefully that's going to, you know, allay any concerns neighbors have about parking on Wilt Street or on Moore Street.

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Floor plans, pretty straightforward. I'll blow it up a little bit. Basement, living area and a bathroom. First floor majority is going to be the cars, the garage area, one bedroom.

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second floor will be the living area and then the third floor will have two bedrooms then again

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there's access to the roof area and this l-shaped diagram is for the solar array

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just a side view of the property this is the elevation uh looking at moore street uh again

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it's ground level so be wheelchair accessible uh some limestone at the bottom nice brick finishes

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at the top. Just another view. And here's the drive aisle coming in off of 32nd Street with

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garages below each of the home for two-car parking. Here's the solar array. So not only will the

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materials not withstand lawn furniture or people walking up there, there's just no room. And the

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homes are going to be all electric. They're going to be sold as all electric. And it just doesn't,

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I understand the overlay situation, but as I'll show you an article at the end of this presentation, Philadelphia anticipates within several years of getting 25 percent of its energy to operate city buildings from a solar array in Adams County.

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So I think this is going to be the move where we see more and more people putting solar arrays on the roof and not using those areas for deck or family purposes.

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Streets approval for the project.

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Henry, go back to that one minute.

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You kept, you were saying before, seven units or seven homes.

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There's 10 there, right?

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Yes, 10, excuse me.

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Am I right about that?

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So there's a total of 10.

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Yes, you know what?

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Because the other project was different.

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Okay, all right, sure, sure, sure, sure.

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Thank you, Mr. Chairman.

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This is the application.

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our tax clearances since we have four parcels we have proof of each four that the taxes have been

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paid there's proof they're actually just paid recently april 18th second parcel third parcel

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uh fourth parcel

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zoning map

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the the deeds file are now indicating ownership that it's owned by the williams family or the

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estate of the Williams family. All four Ds are attached and have been submitted.

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All four Ds are attached and have been submitted.

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Notice letter to the community, mailed out 163 letters advising them of the community meeting as well as the zoning board hearing today.

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So this is what I was talking about, Mr. Chairman.

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Philadelphia is going to power up to 25 percent of its building with solar energy.

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I think 2024, it hasn't happened yet, but I think they're on the cusp of doing that.

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This is in Adams County. Mayor Kenney initiated that back in 2018, and Council Chairman Darrell Clark moved forward with the bill in City Council. So we're going to be seeing some of the electricity of our city buildings due to solar panel.

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And the same thing, Sherelle Parker, the mayor, new mayor, is looking to make Philadelphia a sustainable city.

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And again, the solar array that we're going to see on more and more buildings, I think, is a real plus for the city.

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And this is the materials that we're going to use on the roof.

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It's a TPO product, not meant to be walked on, but is meant to support the solar panels.

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So I also would like to show, Mr. Chairman, real briefly, if I could, the other presentation that was made a year and a half ago, or I can just summarize it, whatever the chair wants.

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One is summarized that.

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So basically, it's the same project with the same solar array right across the street.

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Permits were issued March 16th of 2022.

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Same layout, same design, same architect, same solar array.

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And I would like to incorporate that. I do have it to show the panel or the board if that's warranted. But if not, what I'd like to do is ask the architect from Cano Design, his name is Carrie Jackson Yonce, Y-O-U-N-C-E, to be unmuted and to come on board. And I can ask him a few questions and then have my client adopt a testimony.

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All right. Bring the architect on, please.

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Mr. Jantz, can you unmute yourself if I'm saying your name correctly?

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It's Jantz, but I'm here.

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All right.

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Sir, could you please state your name and spell for the stenographer?

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It is Kerry Jantz, C-A-R-E-Y-O-N-C-E.

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

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I do.

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Please proceed, counsel.

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Mr. Jantz, thank you very much.

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Mr. Jantz, you heard my testimony today.

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I have.

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If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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I would.

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Just a couple questions.

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This Phase 2 project, is it basically the same layout and same situation as Phase 1, which was approved about a year and a half ago?

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