civus
Hearing video

ZBA Hearing - June 16, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 16, 20213h 3m

Good morning.

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Yeah, remember, we just have to wait a little bit for people to come in.

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Yeah, we're going to wait and Tanya will give us, or Yvette will give us a green light.

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It's Fatina, Chair.

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Oh, Fatina, I apologize.

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No worries.

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So who's chair? Who's the host?

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I'm supposed to be the host, Tanya

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Yes, that's what I said

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Oh, I'm sorry, I was mistaken, I'm sorry

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No worries

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So it is Yvette

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Yes, I'm co-hosting

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Vice Chair

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Thank you.

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his testimony on? Psych, no. Chair, we're ready to go forward. Thank you.

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Good morning, everyone. My name is Frank DiCicco. I'm the Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our Vice Chair, Ms. Carol Tenere,

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Board Secretary, Confessor Plaza, and Board Member, Mr. Thomas Holloman.

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Board Administrator Ms. Yvette Benton and Board Attorney Rebecca Cole are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded

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and that the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself.

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I repeat, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address

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and the address of the property at issue. I'll repeat that. To enter an appearance statement,

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call google 267-270-5548 and leave your email address and the address of the property at issue

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i would also like to remind everyone please do not attempt to testify in the chat

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all comments should be made directly to our board administrator ms yvette benton

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and also before i forget mr kelly our court reporter if at any time you need a break

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please let us know having said that the first add-on case is MI 2021-000994-1201 West

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Gerrard Avenue my vote is yes my vote is yes my vote is yes my vote is yes thank you as for our

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regular list. I will read off the continuance requests that we've had so far. Number six on

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our list, page two, is MI2020-002439, 2401 North 33rd Street. Number seven on our list,

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MI 2020-002-420-2549.5 North 32nd Street, number nine on our list, MI 2020-002-421-3110 West York Street.

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if anyone disagrees with those continuance that have just been read into the record please raise

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your hand only if you disagree with the request for those continuances raise your hand at this

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Raise your hand at this time.

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time so we have richard de marco

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Chair, we have Richard DeMarco with his hand up.

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Mr. DeMarco, you can unmute yourself and speak now.

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Please identify yourselves by your full name and I'll square you in.

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Good morning, Mr. Chairman. Can you hear me okay?

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Yes.

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Richard DeMarco, D-E-M-A-R-C-O.

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I'm here on 1947 North 24th Street, requesting a continuance.

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we do not have an rco letter or meeting i just okay thank you number two on our list

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only those cases that i read in if there's a concern for those continue oh sorry

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mi 2020-002261-1947 north 24th street is continued anyone have any

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disagreement with the continued cases that have been read into the record so far.

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Please raise your hand.

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There are no hands at this time, Chair.

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Thank you.

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And I will now ask if anyone would like to have a case continued or withdrawn,

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please raise your hand at this time.

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If you'd like to request a continuance or withdrawal,

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please raise your hand at this time.

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Chair, we have slown folks with this hand up.

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Mr. Folks, you can unmute yourself and speak now.

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Good morning, Mr. Folks.

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Please identify yourself, spell your name, and I'll swear you will.

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Good morning, Chairman Chico and ZBA Board.

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My name is Sloan Folks, S-L-O-A-N-E-F-S and Fire, O-L-K-S.

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Office of Councilman Maria Quinonez Sanchez, Rule 508, City Hall.

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We're firm to tell the truth, the whole truth, nothing but the truth.

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I do, sir. Thank you.

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I am, on behalf of case number HA2020-002952, our office is requesting a contingent...

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Hold on a minute, Mr. Folks. What's the address?

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Yeah, I'm sorry. 4513 Tacowana Street.

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Okay, so that's... Okay, 4513 Tacowana.

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There were no exhibits, so it probably would have been continued anyway. So MI 2020-002200-4513 Takawana Street is continued.

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Thank you, sir.

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Any other requests for continuances or withdrawals?

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Chair, we have a... Okay, she had her hand up. She put it down. There are no hands at this time. Now she put it back up again.

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Ms. Shoshana Bricklin. Ms. Bricklin, you can unmute yourself and speak now.

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Good morning, Ms. Bricklin.

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Ms. Bricklin, please spell your full name.

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S-H-O-S-H-A-N-A-B-R-I-C-K-L-I-N.

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

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Yes.

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Please proceed.

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This is on behalf of, this is 1518 West Tioga Street.

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uh the packet just came to you and we're wondering whether or not we should have it

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continue we are prepared to go forward but if you are not prepared to go forward we would

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um be amenable to the continuance and that's my my understanding is we have not received the

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exhibits in a timely manner therefore we'll continue the case thank you thank you mi 2020

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20-002-408-1518 West Tioga is continued. Any other requests, continuance, or withdrawals?

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Chair, we have Baditsa Cadillo. Mr. Cadillo, you can unmute yourself and speak now.

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Morning, sir. Please spell your full name and I'll swear you in.

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No, no, no, no. I have nothing to say. I'm sorry. My mistake.

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No problem. Anyone else?

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here we have no other hands at this time thank you i think carol we can proceed with case number three

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carol miss canary

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i'll call it off mi 2020-002259 2141 east harold street

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Mr. Mulvihill, I believe, is the attorney.

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Mr. Mulvihill is coming back and is a panelist now, Chair.

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Carol, I read the case in number three, waiting for Mr. Mulvihill.

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Thank you so much.

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Good morning, Chairman and members of the board, Leo Mulvihill.

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Good morning, Mr. Mulvihill.

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Can you put your name and address on the record and spell your last name, please?

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Leo Mulvihill, M as in Michael

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Leo Mulvihill, M as in Michael, UL, V as in Victor, I-H-I-L-L. Address 213 Green Street, 1st floor, Philadelphia, 19123.

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UL, D as in Victor, I-H-I-L-L

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Thank you. Do you swear or affirm to tell all the truth and nothing but the truth?

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I do.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, or referral,

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vote is under plans of the property five days in advance of this hearing and have you met with the

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RCO and do you have a letter yes thank you you may proceed thank you members of the board just

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to be clear this is for 2139 and 2141 East Herald Street I just ask they both be heard together as

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they're essentially the same application so 2259 was read in already

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is that correct mr malvahill or were they both right in no only only 2141 east harold was right

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in 2139 should also be right in it was my mistake sorry about that calendar number calendar number

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mi 2020 002258 2139 east harold street number two both cases received letters of support from

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the RCO yes members of the board just one moment my zoning packet has disappeared let me find that

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real quick so I may share it with the members of the board and while I do that members of the board

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this is a application for the legalization of two existing two family structures at the address as

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shown let's see all right I believe my screen is currently shared

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oh one moment members of the board it disappeared on me again

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there we are now members of the board i just want to ensure that everybody can see the zoning

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packet that i have up on the screen

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all right members of the board so this is a petition uh for 2139 and 2141

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east harold street the applicant in this case is john laychock who's on the line as part of this

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packet i had the refusal appeal and project information forms of page one area zoning maps

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at page 15 deeds at 16 tax clearance information at 26 our notification letter is at 29 our letter

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of support from east kensington neighbors association is at 32 i have photos of property

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beginning at page 34 and plans at 61 so members of the board john laychock lives on this block he

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has these two family dwellings, which have been in existence for quite some time now on the block,

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and this is just a legalization. I'll show the area zoning map so we have some understanding

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as to where we're looking at. This is in the East Kensington neighborhood of Philadelphia.

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We're located in between Martha Street and Trenton Avenue. Directly, the parcels are indicated in

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blue on the page 15, where I'm indicating currently with my cursor, and at the top with that blue pen.

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Again, we are in the middle of an RSA 5 block. We have an IRMX, a multifamily building across the street. We have some RM1 at the end of the block as well.

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Just showing the deeds to property at page 16 and at 21.

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It's my client's tax clearance information. For whatever reason, the certificates were not working, but we're showing that there's zero taxes due on the properties.

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This is our zoning notification letter that was sent out via Zoom, our proof of mailing

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at page 31, and our letter of support, 23 in favor, three non-opposition, one in opposition,

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letter dated February 1, 2020 for these two properties.

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So here are the photos of the properties members of the board.

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I'll show you in a moment these are our zoning signs that were posted on the properties.

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They're two two-story single-family homes have been used as two-family dwellings for

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quite some time. My client renovated them himself and as I said they've been used for a number of

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years as two-family dwellings. My client didn't realize they needed to be legalized and that's

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why we're here today. These are the multi-family buildings across the street as I discussed earlier.

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new construction down the block

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and these are the two structures i have interior photos of the properties as well beginning at page

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47

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each of the properties has a washer dryer in the units there's no bedrooms in the basement they're

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used for storage and mechanicals and laundry for the first floor unit there's a deck for outdoor

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area for the second floor unit, second floor bathroom, ground story.

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ground story and here's the existing structure showing the plans members of

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the board so again we have two two story two family dwellings you have the

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layout here members of the board so on the first floor we have a kitchen the

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front living room to the rear bedroom to the back it's a one bedroom unit and

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that's for both of the units going up to the second floor same layout kitchen

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in the front, living room to the rear, pardon me, living room in the middle, bedroom to the rear

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with that deck for exterior access from the second story units. That's an outdoor space.

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We do have a rep room or an unfinished basement as seen in this photo, which is page 60 of my zoning

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packet. And members of the board, due to the fact my clients had these for a number of years,

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has had tenants in there, and lives on the block himself and takes due care of the properties

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Other than getting these legalized, we have full support from the community.

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There's a hardship using these as single-family homes,

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because they are already two-family dwellings.

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And, Mike, in the immediate area, we do have significant multifamily dwellings already present.

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So, members of the board, I'd ask you to grant the variance with full community support.

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Mr. Lechok, if you're on the line, would you please introduce yourself,

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state your name, spell your last name for the record?

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mr laychalk you can unmute yourself and speak now

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sir please identify yourself spell your full name and i'll swear you in

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mr laychalk are you on the line

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maybe having some technical issues so as an officer to court will stipulate your client

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would adopt your testimony. Thank you. Having said that, any questions from the board? No.

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No. Anyone else would like to testify in this case? If so, please raise your hand.

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There are no hands at this time, Chair. Thank you. MI 2020-002259-2141 East Harrell Street

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and MI 2020-00-225821, I'm sorry, forgot to ask the planning commission, apologize,

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planning commission. Morning, Chair DeChico, Ian Hegarty for the Philadelphia City Planning

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Commission, that's H-E-G-A-R-T-Y. Do you swear for him to tell the truth, the whole truth,

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nothing but the truth? Yes, sir, I do. Please proceed. The comprehensive plan recommends no

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change to the single family zoning on these properties the properties are converted to

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two-family use without permits at an unknown date but given the lack of complaints or objections from

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your neighbors and the minimal impact on the neighborhood the city planning commission

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recommends that the board grant the variances in each case very much and again i apologize for

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not acknowledging it sooner mi 2020-002259 2141 east harold and mi 2020-002258

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2139 east harold my vote is yes on both my vote is yes on both yes to both yes to both

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Before I call the next case, I failed to mention on the add-on, MI 2020-001115, 2504 East York Street.

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We were holding that for discussion in today's executive session.

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We're going to hold it one more week.

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The board will have a discussion next Wednesday at 930, in our executive session at 930 next Wednesday.

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I said that we can go to number five calendar number 2020 000233 2241 north 15th street

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the attorney is Alan Nockamson

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letter of opposition from the Uptown Entertainment and Development Corporation

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Mr. Nockamson if you're here can you please raise your hand

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