civus
Hearing video

ZBA Hearing - April 24, 2024

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

Other than the change in unit count from 14 to 10, the project is identical.

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And are there solar array panels on the Phase 1 of the project?

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There will be, yes.

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Okay.

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Because right now we only have foundations, but they were approved, the ZBA approved the solar panels on phase one, correct?

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Correct.

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And then the materials that are going to be used on the roof, can you describe that briefly and explain why it's not going to be used for walking or for furniture?

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It's just a white TPO roofing membrane that is meant just to be a roof and is not suitable to foot traffic or furniture traffic in any way.

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It would void the warranty of the roofing if there was any activity on the roof.

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And then finally, can you address what I mentioned at the outset, the lot area that is listed on the refusal and why the lot area that we're using here on this project is really accessible?

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Yes. So for phase two, 75% of the adjacent lots are of a smaller size, which then allows our lots to be a smaller size than phase one, because phase one had larger adjacent lots surrounding it.

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Thank you, Mr. Yancey. I appreciate that.

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Thank you.

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Mr. Chairman, I'll just close briefly, and then I'll have my client adopt a testimony.

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So the project we're proposing is a duplicate of what is across the street, been previously approved.

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The solar array on the roof is not a rooftop deck.

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We're not in conflict with the overlay district.

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We're not altering the essential character of the neighborhood.

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We're providing single-family residences with two-car parking.

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We're actually decreasing congestion by taking cars off the street.

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We're not impairing the light or air or development of any adjacent property.

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we're not impairing the light or air or development of any adjacent property

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we're in harmony generally with the code since it's single family and we're in harmony with

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the adjacent project across the street uh with that i'm going to ask mr williams can you unmute

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yourself either paul or joe do we see hands

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I don't see either of those individuals in the virtual party, but I do see a hand up from a Rebecca Soule.

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Do I allow them to speak?

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Yeah, but let's see. Maybe they're using that phone.

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I'm sorry, Mr. Chair. They have put their hand down just a moment ago.

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Okay. All right. We still know Williams.

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Mr. Williams

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I just talked to him

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Joe

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you have to unmute yourself

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I think he's on the telephone

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is that star six

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Jason have we seen

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no but I couldn't crossly

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has their hand raised

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Joe Williams, if you're on the call, hit star nine to testify.

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Excuse me, star six to unmute yourself and then star nine to testify.

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Hello, can you hear me?

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

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My name is Joseph Williams, S-J-O-S-E-P-H-W-I-L-L-I-A-M-S, and I'm here with my brother Paul Williams.

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Okay, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed, Mr. Clinton.

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Mr. Williams, were you on the call when I presented your project, Phase 2?

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Yes.

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And was Paul also on the call when he's there with you now?

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Yes, I am.

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I was on the call also.

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Thank you, Paul.

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Henry, we're only going to take one person, okay?

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Joe, 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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All right.

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Thank you very much.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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um just briefly mr chair um as mr clinton and i had had discussed over email prior to the hearing

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um we'll be holding this matter um because there's um some estate um some state paperwork

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that's getting sorted out which hopefully will be within the next several weeks we have that

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together and um i guess we could also hold unless there's someone here to testify um in lieu of a

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letter, we could hold, see if the RCO submits a letter as well during that time frame.

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Okay. Questions or comments from the virtual audience?

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Yes, Chair. I have Conlon Crosley with the hand raised. I'll allow them to speak.

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Morning. Could you please state your name and spell for the stenographer?

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Good morning. My name is Conlon Crosley, C-O-N-L-A-N, Crosley, C-R-O-S-L-E-Y. I serve as the Director of Development with Councilman Young.

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Hold on one minute. Hold on. Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do, Chair.

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Please proceed.

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um chair i was just uh i received an email from the coordinating rco uh specifically reverend

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williams from strawberry mansion community corporation yep um the community was not happy

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with the uh with with the pilot houses to access the solar panels and um asked to have a continuance

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i sent an email i believe to uh a few folks last week about it and i just wanted to put it on the

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record. Okay. So Colin, if you heard our attorney, we're going to hold this. We're not going to vote

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on it today. We're going to hold it. And there's some estate issues involved. And also, we're still

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waiting to hear from the RCO. Okay? Perfect. Thank you for your time, Chair. All right. Thank you.

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Anyone else in the virtual audience?

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I do not see any further hands, Mr. Chair.

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Planning Commission.

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Hello, 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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There is no unique physical condition or circumstance on this property that would prevent it from being used in conformance with the zoning code.

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The City Planning Commission recommends the Board deny the requested dimensional variances for the newly created.

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The City Planning Commission recommends the board deny the requested dimensional variances for the newly created lots as well as for roof decks.

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Okay, so we're going to hold the vote on this and for some additional state work and also to hear from the RCO.

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Hillary, we'll close this except for hearing from the RCO and also a response from the council relative to the RCO.

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Does that sound okay?

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Right. And and the estate paperwork. Yep. Yep. Yep. OK. Thank you, Mr. Clinton. Thank you, Mr. Chairman. Thank you, Hillary.

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Number 10, MI 2023-006881-9225, Academy Road.

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Jermaine Harris is the attorney.

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Recommendation of support from the Home Circle Civic Association.

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Okay.

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Mr. Harris, and it joined as a panel sir your main please on mute and wait to be sworn

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in there i am okay yes good morning mr harris could you state your name please and spell for

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this stenographer uh sure my name is uh jermaine harris and uh my spelling of my name is j-e-r-m-a-i-n-e

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h-a-r-r-i-s you swear or affirm to tell the truth the whole truth nothing but the truth

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i do and could you identify your client and the relationship to this property yes my client is of

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course wienerman and he is the owner of the particular property okay and our vice chair

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has just a few questions sure good morning council do you agree to read another refusal or stipulate

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to its accuracy. I stipulate to its accuracy. Have you emailed them all the required documents

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and exhibits that is needed and required to proceed with this case five days in advance

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of this hearing? I did. Thank you. Please proceed and show the screen. Sure. Okay, panel members,

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This is concerning a legalization of a carport for a single family dwelling that my client has.

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Let's see here. So this is the actual carport right here.

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Let's go here.

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Just bear with me.

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This is another angle.

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I mean, it's beside, it's attached to the house, which is covered by this tree.

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But this is another angle of it.

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Let's see.

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Here's another angle of it.

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And here is a posting of the zoning notice. This is a 12 feet tall by 30 foot in length carport. Let's get another picture here. This is another picture of it.

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this is a posting of the zoning notice uh for today's hearing

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wait a minute okay all right so this is uh my exhibit packet the first uh set of pictures

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that i submitted was the exhibit a uh which was the pictures of the building including

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the zoning hearing notice of the zoning hearing uh these are black and white

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And this is basically a site plan of it. And it is, again, it's 12 feet. Well, it's 13 feet tall. And it's 31. It is 31 feet in length for this.

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and this is basically a site plan of it and

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this is a property that my client has owned this is a property that my client has owned

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since 2010 now when he purchased the property he purchased it uh and it had

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this particular carport that was there which is the reason why i use the language of he's seeking

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to legalize it he didn't know that there was a problem with this until l and i observed this

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problem and or observed the observed the the carport and saw that there was not approved it

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was no building permits for it and it was just there and as a result that flagged the attention

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to my client and now he seeks to get in compliance with this so that's what made this arise here but

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again this is something that was pre-existing since uh my client has been living there he

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hadn't had any issues from the neighbors uh regarding this particular carport now we did

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have a community meeting and there is a recommendation of support by the Holmes

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Circle Civic Association. There is the tax clearance right here. It was issued April 18th.

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Again, this is evidencing the ownership of Mr. Wienerman's ownership of the particular property.

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And this would be basically because when we had the community meeting, there wasn't any, there were questions about it, but there was overall, there was no pushback to this because it had been there for so long and there wasn't any complaints by the neighbors of it.

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And we're seeking to get the approval of this, of course, and this is not something that would cause any problems with the neighbors.

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It wouldn't affect adversely affect the adjoining neighbors that are there.

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Additionally, the hardship is that this would be a significant expense because it is attached to the house.

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It would be a significant expense in order for him to demolish this.

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There would be damage to the side of his building since it's directly attached to it.

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So we would ask that this project be, that this application be granted.

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And we would open it up for any questions that any member may have.

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Counsel, why don't you bring your client on first and adopt your testimony?

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Sure.

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Mr. Wienerman.

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I know he was on.

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Mr. Wienerman.

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Good morning, Mr. Wienerman.

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Could you please state your name and spell for the stenographer?

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Good morning.

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My name is Christopher Wienerman.

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Last name spelled W-E-I-N-E-R-M-A-N.

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

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I do.

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Please proceed, counsel.

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So, Mr. Wienerman, did you hear the testimony that I just presented to the board?

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I did.

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Okay.

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And do you have anything to add to what I just stated?

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Or are you fine with what I stated?

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I do not.

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okay do you adopt the testimony that i uh just gave to the uh board i do okay

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questions from the board no mr chairman

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no chair questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from from our virtual audience

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i do not see any hands mr chair planning commission

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i met cavanaugh planning commission staff

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Hi, 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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There is no unique physical condition or circumstance that would prevent the property from being used as zoned.

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The City Planning Commission recommends that the Board deny the dimensional variance.

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I-2023-006-881-9225 Academy Road. I vote yes.

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Thomas Holloman, my vote is yes.

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ishmael shaheed my vote is yes thank you counsel thank you mary be excused you can

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number 13 mi 2023 006-887-2005 south 4th street roger purry is the attorney

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we do not have an rco letter as at this point um february 5th there was a meeting with the

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Penn Sports Civic Association.

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Actually, we do

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have the letter

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as of now.

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It is a letter not taking a position

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because the RCO disagreed

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with the community.

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Okay. The RCO

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disagreed with the neighbors?

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Correct. Okay. And

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Council Member Squill's

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leaving it to the board?

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Correct. Okay.

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Mr. Perry, could you

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please state your name and spell for the stenographer. Yeah, good morning. My name is

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Roger Perry, P-E-R-R-Y, first name R-O-G-E-R, and I represent Jack Investment Group, LLC, the owner.

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

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I do. Our vice chair has a few questions, sir. Thank you.

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Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its

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accuracy? I do. I do. Have you emailed in all the required

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documents and exhibits that is needed and required to proceed with this case

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five days in advance of this hearing?

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The document

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