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Hearing video

ZBA Hearing - June 1, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 1, 20225h 8m

Yes, I do.

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Mr. Whalen, as you know, we've received the exhibits late. We're going to continue this. What I want you to do is contact Tanya for a future date.

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yes i was actually just wondering um i understand it was due to uh inadvertence that the uh memorial

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holiday weekend that's okay intervened um this is actually a time sensitive matter so

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if we can get either a date specific or um i i fear that this matter is going to go away and

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something less desirable is going to be brought forward that's what i'm saying as soon as these

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hearings are over today or tomorrow, get a hold of Tanya. Okay. I have already talked about that.

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Okay. Thank you. Sure. Thank you. So that case is continued. In case number 10,

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MI 2021 003 712 4628 Wayne Avenue. Could Rachel Pritzker please come on?

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good afternoon hi would you state your name and spell for the court reporter please

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for rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1521 locust street suite 605 philadelphia pa 19102

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you swear affirm to tell the truth the whole truth and nothing but the truth

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yes so we we there was no exhibits that we could find on this so we're going to continue this

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please call tanya she will arrange for a future hearing for you chairman um so we didn't get the

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rco meeting until the 25th and the first was scheduled because this is now the third this

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would not be i guess the third or fourth continuance so we would have never the third so

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we would have never been able to get it within the five days because our rco meeting was last

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minute similar to what mr whalen said we have a loan that cannot be extended so that's why tanya

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was able to accommodate us on the 1st. So what I want you to do is call Tanya. We'll move this

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So what I want you to do is call Tanya. We'll move this as quick as she can.

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as quick as she can.

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Okay. Thanks, Chair.

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Thank you. Thank you. Is there anyone else requesting a continuance?

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I see no hands, Chair.

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Okay. So let's go to our add-ons first.

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Sorry, Chair. Augusta O'Neill just put their hand up.

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Okay. Sure.

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All right.

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Hello.

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So. Hi, could you state your name and spell for the court reporter, please?

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Sure. Augusta O'Neill, A-U-G-U-S-T-A. My last name is spelled O-apostrophe-N-E-I-L-L.

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Right. Do you swear for him to tell the truth, the whole truth and nothing but the truth?

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I do. What case? I'm here. Just wanted to confirm that my

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continuance requests have been received. It's for 3900 Main Street. I have the VP number,

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but I don't have an MI number to give you. Wait a minute.

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does anyone see that that mr chair this is hillary that is not on the list any of the

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lists for today okay great okay then um because we previously someone and i just wanted to make

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sure that it was received so okay thank you thank you for calling it thanks again okay so

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So, or add one, M-I-21, hello?

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Yep.

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No, I'm sorry.

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Go ahead, Chair.

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Do we have anyone else?

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Yes, we have Joseph Consul.

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Oh, sure, sure.

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Hello.

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Mr. Consul, state your name and spell for the court reporter, please.

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Joseph Consul, that's J-O-S-E-P-H, space Consul, C-O-N-S-O-L-A.

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

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I do chair. And what's your case? Well, I'm here on, I have three today, but we submitted

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a withdrawal request for 3628 North Sydenham street. Okay. Thank you. I was just wanted to

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confirm that that was in fact withdrawn. Okay. So MI 2022 zero, you want to withdraw in this case,

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right? Yes, sir. Okay. MI 2022-001-333-3628 North Sydenham Street. That case is withdrawn.

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Thank you. Thank you, Mr. Counsel.

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No other hands? No other hands, sir. Okay. We're going to go to our add-on. MI 2022-00398-1504

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south sixth street um this case planning commission recommended that this be the great

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it be granted we were holding on for an updated lease we have received the lease my vote on this

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is yes thomas howlin my vote is yes carl tenary my vote is yes james now my vote is yes ishmael

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Shaheed, my vote is yes. Thank you. For the first case, I want to move to number eight.

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MI 2022-001-568-4538-42 Edgemont Street. Sean Ward is the attorney.

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Letter of support from Bridesboro Community Action Alliance.

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Mr. Ward is coming back in as a panelist.

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Good afternoon, Mr. Chairman.

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Sean Ward, on behalf of the applicant.

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Mr. Ward, you've already been sworn.

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Could you identify your client in relationship to the property?

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Yes, Mr. Chairman.

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My client is Paul Ventresca, doing business as City Lights Development.

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which is the owner of the property. I also represent Jeff Hodznowski, who is the recent

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purchaser of 4542. However, Mr. Hodznowski, it's H-O-J-N-A-N-O-W-S-K-I, Hodznowski. He is an

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employee. He's an assistant district attorney and obviously unavailable for today's proceeding as

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he is in court but I am authorized to present on his behalf as well. Our Vice Chair Carol Tenere

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has a few questions. Hi Mr. Ward do you agree to waive the reading of the refusal and stipulate

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to its accuracy? Yes I do. Have you emailed the exhibit packet with proof of ownership tax

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compliance a copy of the refusal or referral photos and or plans for property five days in

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advance of this hearing and have you met with the RCO and do you have a letter? Yes to all the

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above. Thank you so much. You may proceed and begin to share your screen. Thank you very much

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and Mr. Chair I want to thank the board for its courtesies today despite the fact that I'm on

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Chair, I want to thank the board for its courtesies today.

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Despite the fact that I'm on vacation, I did not want to continue these cases as continuances are troublesome for the board or problematic.

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vacation.

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And these are ready cases, ready to go.

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And it just made more sense to me and my clients and the board to dispose of them in a prompt fashion.

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So can we confirm that my screen is shared?

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it is it is thank you very much uh mr chair i've submitted my typical exhibit packet again i

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represent city lights development llc and jeff and andrea podjanowski uh h-a-j-n-o-s-k-i

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the property 45 38-42 edgemont street attached at a1 is the notice of refusal this is the

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application to permit a permit for the creation of off-street parking space with a curb cut

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there was one refusal front loaded parking requires a zoning board approval in this district

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accordingly we seek a variance today a2 is the application of appeal a3 is the project

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information form a4 is proof of ownership a5 is proof of tax clearance a6 is the subdivision

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yes a9 is the rco letter of support from bcaa which is bridesburg community action alliance

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a10 is if submitted the district council person's letter of support a11 i have the relevant zoning

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history with regard to this project on 922 of 2021 a permit was granted for the relocation of

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lot lines to create two lots from one lot. No variance was required for that subdivision. They

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are two legal conforming lots. And on 10-6-2021, there was a permit for the demolition of existing

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detached garage at 45-38 to make way for the erection of a new single-family dwelling

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on that lot. A-12 is an aerial photo of similar curb cuts with all street parking on the block.

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A13 is the zoning map and A14 is my standard aerial photograph. So moving on, just to get

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through the exhibits real quick. Here is the notice of refusal. Again, the proposed accessory

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parking from the front is refused, but, pardon me, and requires a variance from the board.

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We have our application of appeal, our project information form, my transmittal letter to the board.

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This is a copy of the deed.

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As you can see, the parcel was subdivided into two, parcels A and parcel B.

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Pardon me, moving on.

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This shows that the property taxes are current.

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actually were overpaid due to the settlement on the new lot. It resulted in a positive balance

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for the property owner, which will be adjusted accordingly. Let me blow this out. This is the

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approved subdivision plan. As you can see, the upper lot is what is referred to as 4542 and

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the lower parcel is 4538. As you can see, 4542 is 40 feet wide, 4538 is 20 feet wide. They have

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since been reconfigured so that 4542 is 33 feet wide and 4538 is 27 feet wide as they

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front on Edgemont Street. I would point out that 4538 has an existing curb cut and parking pad in

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the front, and we are here today to do something similar for 4542. With regard to the proposed plan,

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as you can see, this has been reviewed and approved by the streets department. The stamp

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is included on the plan for turning radius and whatnot, but the gist of the plan is to install

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a curb cut on Edgemont Street, whereas the owner of 4538, the Hoshnowskis, would then have a parking

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pad. Depending on the size of the vehicle, it could be for one car or possibly two if they are

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compacts or subcompacts. Here is just an aerial view of the property itself.

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As you can see, here is the existing parking pad. Here is the garage in the rear which

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will be dismantled or demolished and a new single-family home will be erected here.

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dismantled or demolished and a new single-family home will be erected here. 45-42 is the existing

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three-story single-family home and in this area roughly right here would be the area for the

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new off-street parking pad with a curb cut. Here is just a front view.

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Again, the existing parking pad and the existing structure. I note our zoning poster is on the

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fence up front. Again, here's another photo of the existing single-family dwelling.

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To the left of our property, you will see they have a double-wide curb cut with a double-wide

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driveway. And I will show you the aerial photograph shows numerous off-street parking

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spots and curb cuts on this block. This is approximately two doors to the right.

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Not only do you have a curb cut here with an off-street parking space,

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they also have an existing detached garage with a curb cut and parking space.

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We did meet with BCAA. Attached to the packet is their letter of support.

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Also attached to the packet the zoning permit for the lot line adjustments for two parcels from one.

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and for the demolition of the existing detached garage. Again, here is the aerial photograph

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depicting, I have plugged in these red dots showing the numerous off-street parking spaces

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with curb cuts on this particular block of Edgemont Street in Bridesburg. So it is not

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uncommon on this block. I believe my count is 14 or 15 off-street parking spaces with curb cuts.

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Again, just for the record,

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here's the zoning map that is zoned RSA 5.

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Here is another aerial view of the street.

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And if I go back to my page two of my summary

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to try and bring it all home.

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So again, the applicant and the owner

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of City Lights Development and Jeff Hodznowski,

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the property is on Edgemont Street

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just below Buccius in Bridesburg. It's RSA 5. 4538 Edgemont is an existing vacant residential lot.

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4542 is a single-family dwelling. I already went through the permit history. Just a few comments.

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4538 is a legal residential building lot that has an existing curb cut and off-street parking bed.

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Number two, a single 538.

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We have not yet filed that application and no plans have been filed.

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However, we did discuss with Bridesburg CAA that the proposed structure would blend in with the nature and character of the existing structures.

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They did have a concern about the new types of dwellings that are being built in other areas of the city, such as East Kensington, Northern Liberty, East Fishtown.

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they were concerned about how that would look and we assured them that that is not the desired

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architectural look that we're looking for on this block. So we will share those plans with

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them before we file permit applications. So we're just seeking a permit for the curb cut

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and the off-street parking. And at number five, I have the other properties or driveways on the

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4,500 block. I stand corrected 16 total. And I list them for the record, all the various curb

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cuts and off street parking spaces. Based upon that, the BCAA coordinating RTO agreed to support

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the application, there was limited opposition. And then we would ask that the board grant this

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requested variance. It's similar in character in nature with what is existing on the block.

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Mr. Ventresca is, I believe, on the call, but not being very tech savvy. Again, I would defer

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to the board as an officer of the court. I did discuss this and he's reviewed this packet and

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he would, if called to testify, agree that my representations are true and correct and he

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would adopt them as his own we will accept that mr board questions from the board thank you no

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

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see no handshare planning commission good afternoon david facto f e c t e a u with the

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E-A-U with the City Planning Commission. David, do you swear a firm to tell the truth,

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city planning commission david do you swear a firm to tell the

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the whole truth, and nothing but the truth? Yes, sir, I do. Please proceed. Thank you, sir. Mr.

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Chairman, members of the board, the comprehensive plan recommends no change to the residential

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single-family zoning at this location. The applicant has not shown that a hardship exists

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that would prevent their property from being used as a single-family home if the variance is denied.

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Although there are other driveways accessed from a primary street on this block, their presence

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does not constitute a hardship and so the city planning commission recommends that the board

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deny the off-street parking space. Thank you. MI 2022 001 568 45 to 38 45 38 to 42 Edgemont Street

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I vote yes. Harold Tenere my vote is yes. Thomas Holloman my vote is yes. James Snell my vote is

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yes ishmael shaheed my vote is yes thank you thank you we're gonna go we're gonna go back

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to our regular list number one mi 2022 001 287 1439 west venango street letter of support

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from Nicetown Tioga Improvement Association.

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Mr. Bertil is coming in.

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Steve Bertil.

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He's coming in as a panelist, Chair.

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Thank you.

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Good afternoon, Mr. Chair.

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Hi, could you state your name and spell for the court reporter, please?

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Sure.

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Steve Bertil, B-E-R-T-I-L.

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Council for Applicant, Troutman Pepper, Hamilton Sanders, 3002 Logan Square, Philadelphia PA, 19103.

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Thank you. Do you swear, Fern, to tell the truth, the whole truth and nothing but the truth?

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Yes, I do.

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

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Yes, I represent the owners to the property.

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uh the client um the ownership entity is 1439 west of venango street llc thank you our vice

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chair has a few questions i'm mr bertill do you agree to waive the reading of the refusal and

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stipulate to its accuracy yes i do have you emailed the exhibit packet with proof of ownership

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tax compliance a copy of the refusal or referral photos under plans of the property five days in

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advance of this hearing and have you met with the RCO and do you have a letter? Yes to all of the

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above. Okay great you may proceed and begin sharing your screen. Thank you very much Vice

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Chair. Thank you. Mr. Chair could you confirm if my screen is sharing? We can see it yep. Thank

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you. As I stated, my name is Steve Bertil. I am a counsel to the applicant of the Brotherly Love

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Investments, who are a small real estate investment company here in Philadelphia that

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