civus
Hearing video

ZBA Hearing - March 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 8, 20233h 49m

Good morning, Mr. Chair. Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass, room 508 City Hall.

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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.

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Proceed.

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Indeed, the councilwoman will support with whatever provisos are enforceable by the ZBA.

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Thank you very much for calling in. Is there anyone else in the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman. Good morning. This is Ian Hegarty with the Philadelphia City Planning Commission. Last name spelled H-E-G-A-R-T-Y.

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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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Yes, I do.

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Proceed.

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Thank you. Good morning, board members.

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Comprehensive plan recommends no change to the existing RSA 5 single-family zoning at this location.

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However, given the property's nonconforming use history and the physical configuration of the building,

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the City Planning Commission recommends that the board grant the variance.

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Thank you.

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MI 2022, 004-549-341 East Haynes Street. I vote yes. Proviso. No sleeping accommodations in the

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basement. Thomas Holloman, my vote is yes. We're Proviso. James Snell, my vote is yes with Proviso.

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Ishmael Shahid, my vote is yes with Proviso. Thank you, counsel. Thank you very much, man.

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I'm not sure. Number six, MI 2022-005-924-2014-16 East Clementine Street. Henry Clinton is the

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attorney. Right now, we're waiting for a RCO letter. Mr. Clinton has one. Letter of support

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from a near neighbor on the 1900 block of East Clementine Street. Mr. Clinton.

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Morning, Mr. Chairman. I was coming in as you made your introductory comments about a letter.

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I didn't hear what you said. I said, we do not have a letter yet from the RCA.

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Why don't we do this? Why don't we state your name first and we'll be in.

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Morning, Mr. Chairman. Henry Clinton, C-L-I-N-T-O-N.

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

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I don't. Right. I guess what I was trying to say is you may have a letter. We do not have a letter yet.

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Right. We are supposed to have a letter. The vote was 31 to 0 in our favor. So why we don't have a letter.

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OK. Well, it was on the second, right? Of. Yes. March. Correct. OK.

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Why do you identify your client?

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My client is Mark Corpus, C-O-R-P-U-S, and he is participating by telephone.

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Okay, and our vice chair has a few questions for you.

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Thank you, Mr. Chairman.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal and stipulate towards accuracy?

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I do, Mr. Shahid.

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

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I have, except for the letter from the community group.

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Yes, Mr. Shahid.

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Please proceed and share your screen.

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Thank you, Mr. Sheedy.

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No problem.

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Morning, Mr. Chairman. Can you see my screen?

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We can, sir.

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All right. Again, Henry Clayton on behalf of Clementine Street, LLC, the principal of which is Mark Corpus, C-O-R-P-U-S, who is on the call by telephone.

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Just by way of background, this is an historic commercial use of a building that has been commercial since 1932.

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And I have zoning records at the end of the presentation to show the board that it once was a high explosive facility making dynamite.

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It was a storage area for printer's equipment, a cabinet maker, and also was used for welding fabrication.

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For the last 15 years, the building has been used for woodworking as well as for motorcycle repairs.

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And I'll walk through the presentation, which contains exhibits AA through A10, which I ask to be admitted.

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which contains exhibits AA through A10, which I asked to be admitted into the record.

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The refusal, you'll see from the aerial photographs, I'll show the board that this block is a blend of

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commercial and residential. It is in an RSA 5 zoning district, and our two refusals have to do

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with use. There are no issues with height, rear yard, or open space. It's all nothing dimensional.

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everything is a use situation. The RCO letter is anticipated. These are photographs, aerials.

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The large building is Mass Bound High School, which is directly across the street from the

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subject property, which I am circling with my cursor. This is the front of the property. You

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can see it is a commercial look. It has a pull-up door as well as another entrance to get to the

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second floor. Just another photograph looking down the block to show you there's other commercial

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uses, two or three on the block already. One is a woodworking shop down the far end. Also next

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door was a commercial use. It had a fire within the last year or so. You can see the charring

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above the second floor windows. And across the street is the high school that I mentioned.

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this is the interior of the motorcycle shop there are no repairs are made outside the confines of

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the building in fact the owner of the shop josh who may be on the call actually lives on the street

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and several doors away from his motorcycle shop this is the second floor woodworking again both

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gentlemen have been on site either working for themselves or for the prior owner for 15 years

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these are our postings on the front door and these are just floor plans open floor plan on

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the first floor with a repair shop and open floor plan on the second floor with a woodworking shop

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remaining documents are the pro forma documents you would see in in the applications

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indicating tax certification,

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the submissions to the ZBA for the appeal.

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Again, the zoning map does show it's RSA 5,

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but as I said, it's a blend of commercial

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and residential on the block.

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And it's been historic use since 1932.

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I just wanted to get to the zoning records

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to show the board.

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Again, this is from 1930,

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high explosive license.

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This is from 1976, indicating garage storage for painters.

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1977, welding fabrication shop.

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That was the last prior use until the two tenants in the building took over occupancy,

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either themselves or their prior owners over 15 years ago.

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So, Mr. Chairman, we have a unique situation of an historic use of a building for commercial purposes for almost 100 years.

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We're not looking for any dimensional variances.

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We have no issues with height, open space, rear yard.

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There's no impact on the development of the adjacent properties because, as I said, this building has been in play and the use for well over 100 years.

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We have no issues with light and air, and we're not impairing the development of any adjacent property.

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And we're basically conforming, looking for a legalization of an illegal use, albeit a use that's been ongoing for many, many decades.

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With that, I would close and ask my client to adopt my testimony by unmuting himself.

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Mark, can you unmute yourself?

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Mr. Clinton, did you attend the RCO meeting?

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Yes.

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And what was the vote?

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Vote was 31 to 0.

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Thank you.

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Mr. Clark, if you can unmute yourself.

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Yes, I am. Could you state your name, please, and spell for the court reporter?

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Mark Corpus, N-A-R-K-C-O-R-P-U-S. Right. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? I do. Proceed, counsel.

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Mr. Corpus, were you on the call when I presented your project on Clementine Street?

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Yes. And if you had the opportunity to testify, would you adopt my testimony as your own and as

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true and correct. Yes. Thank you, Mr. Gorpus. Questions from the board? No, Mr. Chairman.

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Questions or comments from the virtual audience? I see no hands, Chair. Planning Commission.

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Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

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Board members, the comprehensive plan recommends no change to the existing RSA-5 single-family

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zoning. However, given the physical configuration of this building, the City Planning Commission

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of this building. The City Planning Commission recommends that the board grant the variance.

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recommends that the board grant the variance. Thank you.

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Thank you. Hillary, we have testimony of an officer of the court that the vote was 31-0.

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Okay, that is fine, Mr. Chair. Okay, good. So MI 2022-005-924-2014-16 East Clementine Street,

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I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes. Ishmael Shaheed,

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my vote is yes. Thank you, counsel. Thank you, Mr. Chairman, for that consideration and thank

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you, Ms. Emerson also. Thank you. Number eight, MI 2022-005-831-517 South 45th Street. Matthew

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Monro is the attorney. A letter of non-opposition from Spruce Hill Community Association. Letter

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of support from Drexel Area Property Owners Association. Mr. Monro. Good morning, Mr. Chair,

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members of the board. I'm happy and pleased to be here on behalf of my clients, Sozi Talanti.

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Could you state your name, please, for the record and spell it? Yes. Matthew Monro, 30 South 15th

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Street, 15th floor, 19102. Right. Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth? I do. Could you identify your client in relationship to the property?

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Yes. My clients are the owners of 517 South 45th Street, Sozie Tuwanti and Mariel Tuwanti.

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And could, Counselor, just try to speak up a little bit. You're just a little bit low.

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So our vice chair has a few questions for you.

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That's better.

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Our vice chair has a few questions.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Have you emailed all the required documents and exhibits in our offices to proceed with this case five days in advance of this hearing?

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Yes, we did, with the exception of their certificate of service, which we supplemented on Monday.

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thank you please proceed and share your screen um all right chairman bergman um members of the board

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uh as i mentioned i'm pleased to be here on behalf of uh sosie and muriel talanti uh the owners of

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517 south 45th street uh this is a single family home in rsa3 zoning district um uh what i'm

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sharing right now is just a context photo and rendering showing the existing rear porch and

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an obsolete privy right here with a rendering to the right of a two-story addition that seeks to

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replace that those existing structures and be used. The refusals that we received are just

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related to a side yard refusal and open area as well. And as the context photos and site plans

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will show you, these are minimal de minimis requests and simply seek to be able to put

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the rear addition to good use. Chairman Bergman, I've included in the evidence package all of

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these exhibits, one through nine, which I am going to request that the board move into evidence.

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I'll just quickly go through these and we will get down to the meat of it. Effectively,

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in certificate of service, the property was properly noticed, posted 21 days prior to the

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hearing. And here we are with the rendering again. The existing conditions I have up on my screen

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right now show the rear porch, stairs, and the privy. The Talanti's house was built in the 1800s,

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as were most of the houses here on the row in West Philadelphia. And as you can see,

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The footprint right here effectively seeks to replace the existing structures that are there.

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And as noted, the house was built in sort of pre-code.

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So the side yard refusal, dimensional refusal, and the open area dimensional refusal.

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Just speak up just a little bit.

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We're having a hard time here.

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The side yard refusal and the rear yard, or I'm sorry, the open area refusals are really existing pre-code conditions, but there's no material impact on the adjacent structures.

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And here you can see just the zoning context.

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uh this is the block but um you can get a better sense of what it looks like at the rear um here

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This is the block, but you can get a better sense of what it looks like.

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from from uh it's a satellite image from um from atlas uh this is the telanti's home and as you can

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see at the rear of their home and all of the adjoining uh homes on uh on south 45th street

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baltimore south 44th street and largewood there's a large open area at the rear um gets plenty of sun

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and light. And the rear yard addition is consistent with other new construction additions that have

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been placed in this area in the past. I'm showing you kind of the existing conditions right now

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of what we have. Here's the Talanti's next door neighbor, a porch right here. And in the next

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photo, you can see a similar two-story addition that is just down a couple of blocks. And it's

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important to note, and as is reflected in the letter from the Spruce Hill Civics Association,

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both the adjacent next-door neighbors have supported this project. They have no opposition,

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and the letter from the Spruce Hill Civics Association reflects that organization's

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non-opposition and notes that the use and the addition is consistent with Spruce Hill's desire

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to sort of maintain single-family homes in the area and with work-from-home conditions.

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And Mr. and Ms. Talante are both professionals and do work at least out of the house some.

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And so this would give them some expanded working space with their family.

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They have kids in the house as well.

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We also have a support letter from DAPA, another RCO in the area.

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And we did. I was in contact with Councilmember Gauthier's office. Mr. Goodman represented that for a project like this.

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They typically do not weigh in, but advised that I could represent as an officer of the court that the council member's office has no opposition to this this project.

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Why don't we have your testimony adopted by your client?

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OK, Mr. Toulante, are you on the are you on the call? If you could, please raise your virtual hand.

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sir please unmute yourself uh can you hear me morning could you state your name please and

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spell for the court reporter yes my name is sozi toante first name s-o-z-i last name t-u-l-a-n-t-e

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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 proceed counsel good morning mr toante um did you hear the factual statements that i made

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on the record i did and were they correct and accurate yes they were and do you would you adopt

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them as your testimony i fully adopt them as my testimony before the questions from the board

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no mr chairman no mr chairman questions or comments from the virtual audience

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i see no hands chair planning commission thank you chair bergman ian hegarty for the philadelphia

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City Planning Commission. Board members, the comprehensive plan recommends no change to the

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existing RSA-3 single-family zoning at this location. The proposed dimensional variances,

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we agree, are minimal and do not conflict with the purpose and spirit of the zoning code,

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and so the City Planning Commission recommends that the Board grant the variances.

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MI 2022-005-831-517 South 45th Street, I vote yes.

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Thomas Holloman my vote is yes James Snell my vote is yes Ishmael Shahid my vote is yes

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thank you counsel thank you chairman thank you members of the board let's go back to number 10

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MI 2022 002 881 1550 Lardner Street counsel

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He's coming back in as a panelist.

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Thank you.

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Mr. Chairman, can you hear me?

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Good morning.

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Yes, we can.

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Could you come back on the screen too, please?

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Yes, I'm attempting to do that right now.

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it says you can't start

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