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Hearing video

ZBA Hearing - July 16, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 16, 20255h 36m

letter of support sorry it's a good amount of documents um here's proof of posting on the

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property and here's a letter of support from the rco um saying that non-people non-people supported

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it uh there were no none i guess one person was in opposition but in general um they voted in

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support of it um i have an old tax clearance from june 2025 um but also then proof that there's

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zero taxes on a property um so that really much concludes my appreciation for the most part i'd

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like to call um my client uh to the to to adopt my testimony if that's okay yeah what's your

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client's name michael clark okay it's becoming back in as a panel when was the property purchased

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um look

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well when he comes home we'll ask him

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mr clark yes hello hi mr clark could you please state your name and spell it for the stenographer

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uh michael clark m-i-c-h-a-e-l clark c-l-a-r-k-e right do you swear or affirm to tell the truth

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the whole truth nothing but the truth yes sir devin proceed yeah mr clark did you hear my

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testimony? Yes, sir. And would you attest that it was true and accurate? Yes, it was. And will you

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adopt my statements? Yes, sir. Thank you, Mr. Clark. Mr. Clark, I guess the board, the chairman

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Mr. Clark, I guess the board, the chairman asked, when was the property purchase?

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asked when was a property purchase? Do you recall when you purchased the property?

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Do you recall when you purchased the property?

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I believe it was sometime in 2018, 2019.

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Right.

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And it was a duplex then?

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Yes, sir.

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Did you change it over?

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I mean.

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No, it wasn't.

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It had the original electricity.

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It was, I just did some basically cosmetic work, repair the roof, et cetera.

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Okay.

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All right.

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Okay.

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All right.

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Questions from the board.

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What's the trash plan for the two units?

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Yes, ma'am.

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The trash will be located in the rear of the property.

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It has a gate.

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The tenant will be advised to put their trash in the rear, and there will also be supplied trash cans.

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Do both units have access to the backyard?

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Yes, ma'am.

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You can access the backyard through Salford Street.

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Okay.

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Other questions?

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questions from our attorney hillary emerson not at this time mr chair questions or comments

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from the virtual audience

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planning commission oh that's true okay

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nina solomonic with the planning commission the comprehensive plan recommends no change to the

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existing zoning of rsa 5 residential single family the proposed two-family household living

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is expressively prohibited in RSA 5.

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There is documented use of commercial

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with two separate entrances.

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Therefore, Planning Commission recommends

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the board support the granted

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or grant the requested variance.

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Thank you.

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MI 2025, 000690, 5942 Callahill Street.

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I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tynetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Tywin, my vote is yes.

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Thank you, counsel.

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Thank you, Mr. Chairman.

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Number four, MI 2025, 000692, 1414 South 18th Street.

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Richard DeMarco is the attorney.

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Thank you.

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That was a very slow join.

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Mr. DeMarco, could you please, first of all, we haven't seen you in a while, so could you state your name and spell for the court sonographer?

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Sure.

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Richard DeMarco, last name is spelled D-E-M-A-R-C-O.

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Right.

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

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Yes.

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Do you identify your client, the relationship to the property?

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Andrew Lye.

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He is the owner.

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He's on the Zoom.

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Do you waive the reading of the refusals and agree with their accuracy?

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Yes.

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And I see Point Breeze Community Development Coalition, based on revised plans, sent a letter of support.

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Exactly.

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Please proceed, sir.

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All right. I'll be as brief as I can. Mr. Chairman, let me share my screen.

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let me bring that up there we go can you see my screen okay mr chairman we see it sir all right

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so uh two-dimensional variances for this matter uh mr chairman there's a history with this property

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uh this has been before the board before twice matter of fact let me cover that and jump over

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that right now get that out of the way um if you see uh here back in 2016 and 17 this board approved

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uh a single family dwelling proposal with an addition on the rear i'm going to show you that

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plan and the reason why i show you you'll see why it's relevant um right here um the issue

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in this case is solely the position of a structure right here. But I wanted to show

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you and the members of the board that this board did approve 100% lot coverage back in 2016.

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The property always existed as a 100% lot coverage. It's not a very large lot. It's about

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900 square feet. And this board did approve an addition there. There's a garage opening here on

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the old plan that was approved by this board back in 2017, we're not seeking that curb

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uh that curb cut that's not part of this application matter of fact we agreed with

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cut. That's not part of this application. As a matter of fact, we

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the neighbors that we would not be seeking that so what you see on your screen now is our revised

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proposal this was and by the way the reason why i mentioned your 2017 decision is because

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actually this plan has is significantly scaled back from that we no longer have a second story

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addition. It's just this one piece here, in addition to the main structure. The structure

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that existed there before has been knocked down. There were structural issues, and my client has

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already invested significant money in bringing down the old property. There were some issues

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with the structure. He had to knock it down. He did so, and he's back here now to develop it.

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We also shortened, if you will, the roof deck.

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It's not actually a roof deck, as you see here from the cross section.

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It sits on the third floor here.

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No height variance, just that open area and rear yard variance.

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We agreed with the neighbors to remove a deck.

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We were initially proposing to have a deck on top of that one-story structure in the back there.

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That has been removed per the request of the neighbors.

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We had two meetings, and we made all their requested changes.

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There was a proposal that this board heard a couple years ago that the applicant abandoned.

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It was a mixed-use attempt to have a storefront, a restaurant on the first floor.

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that has been obviously removed. So basically, Mr. Chairman, this is a classic Hertzberg case.

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Going back to the refusal, it's two-dimensional variances in pursuit of a permitted use,

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which is the single-family dwelling. And I'll have Mr. Lycomore in a moment, but I'll summarize

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what his testimony will be. He's basically asking you to approve that addition here because it's

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going to be used for storage. Like I said, it's not a large lot. Bicycle storage, trash storage,

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that sort of a thing. Let me see if there's anything else I want to show you. While I'm

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going through the rest of this, can Mr. Lai raise his hand virtually so he can adopt my presentation

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and testimony? By the way, Mr. Chairman, we will ask you to stamp one page revised plan. We did

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submit the required form um and so we'll ask you to stamp one page uh revised plan by the way mr

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chairman a lot of the corner properties also have 100 lock coverage it's a common occurrence in this

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particular area and that's shown on some of these photos that the architect prepared by the way we

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do have agada a reister from landmark available as well on the call if you have any questions

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so with that i can uh ask uh mr lie to uh be uh promoted hi

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okay andrew andrew lied uh did you hear my testimony and wait a minute oh he's not with

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us hello i'm here mr lie could you please state your name and spell for the stenographer first

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name andrew last name lie l-a-i right do you swear or affirm to tell the truth the whole truth

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nothing but the truth? That is correct. Please proceed, counsel. Mr. Lai, did you hear my

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factual presentation and remarks to the board just a moment ago? Yes, sir. Is everything true

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and accurate, and can you adopt all those statements as your factual testimony in this

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matter? Yes, sir. Thank you, Mr. Chairman. That's it. I do want to point out we actually changed

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the elevations to show proof

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to the neighbors that we were not seeking any type of side

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curb cut in this case.

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Questions from the board?

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Questions or comments from our attorney? Hillary Emerson.

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Just briefly, board,

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the refusal doesn't list the proposed use, so if the board does

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approved we would just want to indicate be a proviso that the approved uses single family

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household living yep thank you questions or comments from the virtual audience

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i do not see any further answer mr chair planning commission

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nina solomonic with the planning commission the comprehensive plan recommends no change

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in zoning from the existing rsa5 residential single family the appellant has not shown that

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the property cannot possibly be used in strict conformity with the zoning code and that a

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and that a variance is therefore necessary.

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variance is therefore necessary. The proposed variance will impair an adequate

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The proposed variance will impair an adequate supply of light and air

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to the adjacent conforming property.

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The Planning Commission recommends that the Zoning Board

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deny the variance for rear yard depth and occupied area.

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So MI 2025, 000692, 1414 South 18th Street.

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I vote yes with proviso.

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Approved use is single-family household living.

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revised plans one page

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stand by ZBA July

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16, 2025.

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Michael John, my vote is yes with

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proviso. Cheryl Gaston,

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my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Tywin, my vote is yes with proviso.

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Ryan McAdams, my vote

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is yes with proviso.

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Thank you, counsel. Thank you. Have a great time.

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Thank you so much.

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Thank you, Mr. Lai. Number six,

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MI 2025

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825-000-803-843-North Lawrence Street.

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Roger Perry is the attorney.

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There's a letter of support for Northern Liberties

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and a letter of non-opposition from Council Member Young.

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I'm back in as a panelist.

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Thank you.

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Well, there you go, Mr. Perry.

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How are you, sir?

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

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My name is Roger Perry, R-O-G-E-R, last name Perry, P-E-R-R-Y.

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Right.

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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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Could you identify your client and their relationship to the property?

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Thank you.

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I represent Michelle and Peter Torelli, T-O-R-E-L-L-I, who are the co-owners of the property at 843 North Lawrence Street.

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Do you waive the reading of the refusal, and do you agree with its accuracy?

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Yes, I do.

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Why don't you start your presentation, Mr. Perry?

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Thank you.

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You see my screen?

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It says I'm sharing.

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I see your screen.

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Yep.

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Okay.

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Thank you.

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Okay.

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Here's just a list of the exhibits, and I won't go through all of them, of course, but I incorporate those.

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I'm having a hard time.

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Could you get closer to the mic?

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I'm having a hard time here. I'm sorry. Sure. I'm sort of leaning back after a while.

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843, the list of the exhibits I incorporated into my presentation. I won't go through them all. I

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