civus
Hearing video

ZBA Hearing - June 16, 2021

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

Cases heard in this hearing

Properties heard at this hearing

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

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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doesn't sound like him

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he hasn't raised his hand chair okay count calendar number 2196 2655 emerald street

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the attorney's raymond orizio which issue you want to call number eight

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six and seven were continued

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right i'm sorry i'm looking at something differently you're right

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I'm sorry I'm looking at something differently you're right I'm sorry there was no letter from

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the RCO well you'll ask that question right right Mr. Derizio is coming back in as a panelist now

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okay

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good morning Mr. Chairman members of the board hi Mr. Derizio can you put your name and address

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on the record and spell your last name yes good morning raymond dorizio last name spelled d -o -r -i -z -i -o

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address is to penn center suite 520 philadelphia pa 19102 do you swear for him to tell the whole

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truth and nothing about the truth i do do you also agree to wave the reading of the refusal

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

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tax compliance refusal or referral photos and or plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter yes to all but we do not have a

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letter as far as i know okay you may proceed before we go uh carol just rebecca do you have

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anything in the file a letter from the rco no anything that sharon had received is up to date

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with the notes. So, no. We can proceed with the case, Mr. Derizio, but we'll have to wait for a

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letter before we make a decision. Thank you. I'm just going to pull up my screen. And I did reach

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out to the RCO prior to this date to see if they sent a letter. We met with them on February 10th,

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20, 21. So it was quite a while ago because this matter was continued one time, but just to

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move forward with this matter, this is a 2655 Emerald street.

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We were refused because my client is seeking to put up three units in the existing dwelling.

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He also wishes to build an extension in the back, an addition, a small addition, to lengthen the floors of the property.

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This is the appeal was filed timely.

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I want to get to the deed. It was actually transferred via sheriff's deed.

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um ntw property investments my client mr milano who is a member of the llc he's on the call as

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well uh so this was acquired then um the property is sort of in the middle of the block and

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it has a vacant property next door here are the plans essentially my client is seeking to

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have a one bedroom unit on the first floor two bedroom units on the second and a one bedroom

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unit on the third floor and there would be a balcony on the third floor a little balcony

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there the basement would be used for utilities here are the plans I have some photos that is

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the property there on the right the brick property there's some vacant lots on either side

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And there are multi -unit properties on the block. I believe 2659 is a zoned multi -unit and 2601

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to 2613 is the corner property. That I believe is five to 50 units. This is a picture of the yard

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where there is a small outdoor area, but the addition would kind of go a little farther out

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on the third floor. The property as far as the interior is basically gutted. There's nothing

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there. So my client's going to rehab that completely. Tax clearance wise, I wasn't able

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to pull that up. It said non -compliant RCO letter I didn't have yet. And I did reach out to them

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last week, but it said that there was a balance of 24, 44, 97. My client says that he paid that.

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And if I can pull up, he actually sent me the tax payments that he made the last few years

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this morning here's a check for 1183 from 2019 and i also have another check

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here 330 21 1287 so payments uh essentially were made um and my clients

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So payments essentially were made, and my client's seeking to do the three units, you know, keep the buildings.

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They're looking to keep the building, and I'm looking to sell it and to provide some, you know, affordable housing in the area under those conditions.

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And my client is here, Mr. Milano, and he can affirm the testimony.

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Please raise your hand if you haven't already.

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Spell your full name and then Mr.

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D 'Arizio will ask you to adopt his testimony.

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Chair, I see no hands at this time.

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All right, Mr. D 'Arizio, as an officer of the court, will stipulate your client would have adopted your testimony?

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He would have. And he texted me earlier. He said he was on.

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So maybe it's technical difficulties, but thank you.

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And, again, this property is between Lehigh and it looks like East Huntington Street between those two blocks.

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Thank you.

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Questions from the board?

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No.

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No.

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Planning Commission?

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Thank you, Chair Chico.

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Ian Haggerty for the Philadelphia City Planning Commission.

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Comprehensive plan recommends no change to the existing residential single -family zoning at this property.

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We don't believe the applicant's hardship claim is supported by evidence of unique physical conditions or conditions of the property, and the proposed variance is not necessary to enable viable economic use of the property.

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This is evidenced by single -family new construction at 2634, 2620 Emerald Street, and 2015 and 2019, respectively.

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City Planning Commission recommends that the Board deny the variance.

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Thank you. Again, because we do not have a letter from the RCO, correct me if I'm wrong, Tanya, we're going to have to do a resumption hearing strictly for any feedback from the RCO.

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Yeah, and we, Chair, I would also request, it could be that we can do a resumption with

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the letter read into record.

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However, I also see that because there is a current tax balance, we would need proof

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of payment of that balance before a vote can be rendered.

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Right, and those are the checks.

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I could find further proof of that.

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And from what I recall at the meeting, I was at a co -host.

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It looked like the vote was in our favor at one point.

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It was like 12 to 6.

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I understand that's not comprehensive or indicative of what the final vote was.

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But my client would also be willing to amend his application or have a provisor of doing only two units.

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There are multifamily on the block.

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So that's where we stand.

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And since I didn't hear back from the community, it was hard to really even put that to them.

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Tanya and Mr. Chair, there seems to be a letter from East Kensington Neighborhood Association in opposition, and one also from Councilman Mark Squilla in opposition.

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So you're saying we do have a letter from the RCO?

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Yeah.

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My notes are saying there is no letter was received.

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And I think Ms. Cole confirmed that.

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Yeah, it says the Civic has sent a letter of non -opposition. As such, the Councilman stands in non -opposition.

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Letter dated June 15th.

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I thought you said that the Councilman was opposed.

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I meant to say non -opposition.

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Sorry.

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Unopposed.

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He stands with the...

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Thank you.

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Okay. Got it now.

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Sorry.

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All right. No worries. But, Carol, you said you have that letter?

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Yes, it was sent to us from Sharon.

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Before she left.

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Okay, I didn't see that.

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It's why I'm still looking at the original notes with no letter.

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All right.

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I'll send it to you.

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Okay, if you have it, that's fine.

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Then we don't need to have a resumption hearing.

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That's what I'm getting at.

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We can go forward.

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I'm sorry, Chair.

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If I could interject a thought.

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this case could be closed and held pending verification of tax compliance

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so noted i'll work on that and get it in and and how long do i have to get that because i'm away

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until next week so i i will have that to you guys within like 10 or days or 14 days as soon as i get

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back uh so it's no problem whenever you have it mr divisio but and just so that we're clear

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It has to be proof from revenue themselves that the bill has been satisfied.

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Thank you very kindly.

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Thank you very kindly. Thank you.

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Thank you.

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All right.

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All right. So MI 2020 -002 -196 -2655 Emerald Street is being held

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for the purpose of receiving documentation that all tax matters have been cleared.

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And well, we do have the letter from the RCO. All right. Anything? I leave anything out, Tanya?

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No, Chair. Thank you.

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All right, go to number 10, I believe.

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Calendar number 1095 -3355, Jasper Street.

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Chair, we have Bedita Cadillo with his hand up.

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He's coming back in as a panelist.

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yeah find out this is a an else i'll see your non -profit or is this the app

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the owner applicant there's also a letter of opposition from harrogate

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um

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and pedica i think is an expediter

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yes okay i just want to let you know the owner is talking she needs a translator and i'll be

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you put your name and address on the record bedita cadillo

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3675 frankfort avenue and i'm only going to be sharing the documents i'm sorry

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we're firm to tell the whole truth and nothing but the truth

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one minute carol tanya has something yes we would need um first for bedita to spell her whole

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name on the record and um i'm sorry before we continue um who is representing or presenting

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the case please spell your full name first and last name be bedita cadillo b -e -d -i -t -c -a

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Cadillo is C -A -D -I -L -L -O.

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You swear for him to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you.

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Ms. Sunkia, that had a question.

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Yes, I'm going to present the package, but the owner, she's online.

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She's going to present, and I believe you have a translator for her.

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No, I don't have a translator.

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I believe her daughter is online with her.

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She might be able to translate.

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No, we would have to continue with that.

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oh my god we asked the last time you were supposed to have a translator um we can talk

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offline but i have to have a direct email request for translator okay thank you very kindly chair

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we can move on yeah you guys talk offline thank you uh calendar number two zero two nine nine

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4363 main street the attorney is paul curtis

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Mr. Curtis, if you're here, can you please raise your hand?

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I see no hands at this time, Chair.

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i'm going to move on to number 12 calendar number 2200 carol carol excuse me i just let me finish

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this one mi2020 -0002994363 main street is continued thank you carol sorry mr chair god

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no worries calendar number 2200 4513 takawana street alita ostrander

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is here for that probably handling it pro se

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mr ostrander or ms ostrander

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frank i sent that to you uh through email

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there are no hands at this time chair okay uh mi 2020 that's zero zero two two zero zero

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four five one three takawana street is continued calendar number zero one zero eight five thousand

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north 12th street the attorney is verne anastasio

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letter of support from the 51st ward republican with provisos and southwest philadelphia district

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services

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Mr. Anastasio is coming back in as a panelist now.

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Good morning, Mr. Chairman, members of the board, Byrne Anastasio.

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thank you okay go ahead 15 walnut street suite 1006 philadelphia 19107 do you swear from to

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tell the whole truth and nothing but the truth i do do you agree to waive the reading of the

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refusal and stipulate to its accuracy i do have you emailed the exhibit packet with proof of

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ownership tax compliance refusal or referral photos and our plans of the property five days

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in advance of this hearing and have you met with the rco and do you have a letter everything but

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a letter from the coordinating rco we are going to be meeting with them again so i'm going to be

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asking for a resumption so that that that particular letter could be read into the record

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i've been working with hillary emerson on coordinating that um i'm sorry if i could

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interject the question um was there a previous meeting there was i i sort of took this over

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midstream uh my client was acting pro se uh there there was a previous meeting there was

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a miscommunication between the parties uh hillary and i spoke she cleared things up and i sort of

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you know took over so we're going to be meeting again per their request and presenting the plans

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as they now currently exist okay then why wouldn't we then do a continuous yes that's what we would

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have to do chair yeah just too many open ends uh i don't think hillary wanted to continue this again

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but she's i think i spoke to her about that um she may be but if you got plans and you have to

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be presented it's almost like could be like a new case i mean it's the plans are going to be

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different probably than what are being presented to us today no they're the same it's it's just

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the legalization of an existing two -family dwelling it's just the plans were inadequate

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prior to me stepping in well that's what i'm saying so that if the plans were inadequate

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has the community seen the revised they haven't seen the revised plans yet is that correct

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That's correct.

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I mean, I look at this as a totally new case.

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If we do a resumption, I don't know.

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I just think the easier way, Vern, is for us.

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I know it's going to be a little bit of time, but it would be a continuance.

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It's fine by me.

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I thought this must be heard, but I may be mistaken.

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I don't know about that.

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I don't have any notes.

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it could be but uh we'll extend that courtesy i appreciate that now that you're representing them

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uh we'll continue so mi 2020 dash 000108 5000 north 12th street is continued

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thank you very much thank you calendar number 0166 5727 windsor street the attorney is jermaine harris

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and we have a letter we have a letter from uh councilwoman gautier of non -opposition

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mr harris is coming back in as a panelist now chair

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yes hello hello can you put your name and address on the record please and spell your last name

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Yes, Jermaine Harris. Good morning, Jermaine Harris, counsel for the applicant.

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And my address is 100 South Broad Street, 100 South Broad Street, Suite 1523.

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And the spelling of your last name?

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H -A -R -R -I -S.

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

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I do.

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

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I do. I would just only submit that it's a referral instead of a refusal.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos under plans of the property five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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Yes. And I believe all of those were submitted to five days in advance.

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Okay, thank you. You may proceed.

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Yes. Good morning, board members. Again, my name is Jermaine Harris, and this is an application for a

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And this is a application for a personal home care for 5727 Windsor Street.

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We're seeking to use the home health care. We're seeking to use the building first and second floor as that.

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and uh it's four bedrooms and we are seeking well it's three bedrooms one of the bedrooms uh

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the main bedroom would have two residents the other two bedrooms would have uh resonance for

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those so it'll be a total excuse me excuse me counselor do you have any pictures or drawings

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Yes, I do. Let me see, share the screen.

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Trying to figure it out.

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Can you see my screen now?

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Yes.

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Okay. All right. Let me just find the, let me just get the pictures.

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Just bear with me one moment, please.

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Okay.

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I did submit it in my packet.

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But let me just...

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that that was a support letter hold on i'm getting the other uh

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Okay, here we go.

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I'm sorry. Can I interject a question, please, Chair?

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Yes.

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Okay.

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Mr. Harris, was the exhibit package was emailed to the RCO email box?

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it was it was I have it was emailed on Friday

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I just opened up the email it was it was open it was email Friday afternoon

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okay I just don't see it so that's why I'm asking if I can if you can just confirm with

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the email so I can see it I just don't see it thank you I can I have the email open that I sent

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and i can uh close it i can close my share screen and uh tell you the exact time of when it was sent

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okay you can do it at the end you can do it at the end of the presentation thank you kindly

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okay all right so

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so this is a front of the building uh which has the posting uh you guys can see my screen can you

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see my screen? Yeah, but could you rotate it, please? Okay. There you go. We got it now. Thank

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you. Well, we got to rotate. That's good. Okay. Let's continue.

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okay one more time there you go we got it now

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all right so this is the entire front of the house and

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And this is the kitchen area of the building.

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of the building.

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This is the common area of the building.

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Upside down again.

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Yeah.

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okay this is this is uh the front bedroom where it would be two residents in there let me get the

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this is the middle room right here

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Rotate.

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This is the back room.

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This room also has a fire escape as well for the residents in case of a fire.

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and this is

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this is part of the fire escape from the back bedroom

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and there's an exit

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okay this is also a continuation of

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that exit as well. I also have attached the plans of the building.

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I don't know why it's not trying to get it right side up.

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it's upside down but essentially these are the plans of uh the particular building

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but essentially what we're uh like I said what my client is seeking to do

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is have this used as a home health care uh facility there would be a staff member

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that would be on site at all times and this is not this wasn't refused by the by LNI this is

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something that is permitted to be but it just needs confirmation from the zoning board so it

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wasn't an outright refusal. There was a letter of support by the Southwest CDC, and we, after

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two RCO meetings, and they didn't have any objections to it. They did ask for a proviso

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that this personal home health care that it be used only for four able bodies of 55 years

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old and above sleeping on a second floor that the first floor is to be used only for common

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area use and yes that's it so what we're asking for we've also attached the tax clearance

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let's show that we've attached to collect the tax clearance the deed

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for the property indicating ownership of the property. So we would ask that in light of the

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support uh by the community that this uh that this special exception be granted. Thank you.

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questions from the board no no anyone else would like to testify in this case please raise your

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hand I do have and just for the record I do have my client here we'll get we'll get to that in a

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minutes sir okay all right your client uh i don't know if she yeah i i don't i don't know if she

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plans on um what's her name yeah i don't know if she plans on uh what is your client your client's

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name oh i'm sorry francellia stewart mrs stewart are you available

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oh i'm sorry francellius stewart ms stewart are you available if so please raise your hand

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mr chair would i have a benevolent uh pch with the hand raised at this time

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and they work with miss stewart okay are they the applicants uh they aren't the

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applicants but they would be working with this we only need the applicant at the moment if not

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if she's not available uh you being an officer of court will stipulate she would have adopted

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your testimony um planning commission i'm sorry chair yep if i could request um

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the craig meladocian is available oh okay sorry about that i've allowed them to speak uh miss

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Mr. Melodosian, please identify yourself, spell your name, and I'll swear you in.

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

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Craig, C -R -A -I -G, Melodosian, M -E -L -I -D -O -S -I -A -N.

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Cynthia Ryan from Southwest CDC, who is our coordinating RCO, is in a staff meeting and I am able to attend at this time.

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While we do support.

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Mr. Melodossian, I'm sorry.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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What I wanted to speak to specifically were the terms of the proviso as counsel did not go through all of them.

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We agree that it's for four able -bodied senior citizens, 55 years old and above.

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The nature of that, those two block faces are RSA 5 with longtime homeowners.

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And one of the concepts was that they would be able to age.

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This would be a facility to allow them to age in place or to continue with the peaceful enjoyment of the homes they currently own.

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There are no CMX properties at either end of the block.

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Council was correct in terms of the layout of the first floor basement was restricted to staff use only laundry equipment and utilities, the operator agreed that all residents will be absent from the facility between 9am and 5pm Monday through Friday for employment, or to attend senior citizen programming, accepting legal holidays.

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I'm not sure if this can be included as part of the proviso, but the operator indicated that she will arrange for clients' transportation to off -site daytime senior programming.

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So the issue was we welcome this facility, but we don't want people, the neighbors, our understanding is the neighbors do not want residents remaining in the facility all day, hanging out on the front porch.

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And again, that it would be age restricted to 55 and above.

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I don't know if any of those are enforceable.

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Ms. Cole, do you have any opinion on that?

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I am unclear at this time.

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I doubt all of them are, though.

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I'm sorry, Chair, this is Tanya, as usual.

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No, they're not.

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They're not enforceable.

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Figured out.

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I just wanted to double -check.

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Thank you.

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Thank you, Mr. Milagosia.

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May I?

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Well, I would ask then that we have a continuance

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so that we can go back to the participating RCOs

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to let them know that, in fact, this PROVISA was not acceptable

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and that they construct alternative plans.

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We are in support of it.

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I know that you don't consider community benefits agreements,

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but we would look to have a contract with the operator and the community

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because the expectation is that it's age -restricted.

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Okay.

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tanya would you suggest just a straight out continuance or a resumption

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um chair actually um the it wouldn't be necessary for continuance the case was already

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presented um it's your call however anything related to zoning has been presented um and

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discussed so those provisals are not zoning related so it could not be enforced by lni

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Therefore, if they request maybe a week or two to have a discussion for a community benefits agreement and then a vote on the record, then it's up to you.

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However, all zoning information has been presented.

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Yeah, and I guess that was our position also is that all the zoning issues have been presented.

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have been presented, we can certainly convene with the zoning. We can certainly convene with the RCO, but

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We can certainly convene with the zoning.

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the evidence has been presented, and we will request that we proceed with that.

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So, Sonja, you're suggesting a resumption?

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I'm sorry.

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it's your call chair however a resumption would only be necessary should they have to read

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anything else into the record as far as a letter is concerned but the only problem is the provisals

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which are not enforceable by lni so it's really not a zoning matter any longer it's just them

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deciding on a community benefits agreement if that's clear to you how do we what do we do put

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it's your call chair if i could make a recommendation yeah that's right if they

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can have a discussion within the next two weeks and you can vote the cases um held for two weeks

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just to put a letter on the record of their position without any provides those that don't

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relate to zoning if that helps that works and that'll be noted for the record your comments

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Thank you. Let's get the Planning Commission to weigh in, and then we'll move on. Planning Commission.

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

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In 2019, the area was remapped from RM1 to RSA 5 in accord with recommendations from the

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Comprehensive Plan. The applicant has met their burden of demonstrating that the proposed use

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will not cause detrimental impacts to the neighborhood beyond what would normally be

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expected and we would therefore recommend that the board grant a special exception thank you

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all right so with that uh miss sunkett's uh comments regarding uh how to proceed going

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forward part of the record and i guess the decision will be made in two weeks

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is that correct tanya yes chair if you wish to do that we can um hold this case it's open for

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for the letter only, and then you vote publicly in two weeks.

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Thank you. Thank you, Mr. Harris.

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Just so that we're clear, we would not have to reappear when you do the resumption, when you do the voting.

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No, you would not have to.

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Okay.

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Okay. And your decision will be emailed out to you.

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Okay, Mr. Harris? Yes. Okay, thank you. Okay, thank you. Thank you very much for your patience with me.

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Thank you. Carol, number 15. You're muted. Carol, you're muted.

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I try not to be. Calendar number 2491 -664 -Union Street. The attorney is Leo Mulvihill.

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There's a letter of support from Mantua Civic and also a letter of non -opposition from

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Councilwoman Gautier. Mr. Mulvihill is coming back in as a panelist now, Chair.

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there we go good morning chairman members of the board vio mulvihill m u l v as in victor i h i l

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address 315 queen street first floor philadelphia pennsylvania 19123 you're already under oath do

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you agree to waive the reading of the refusal and stipulate to its accuracy i do have you emailed

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an exhibit packet with proof of ownership tax compliance refusal or referral photos under

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plans of this property five days in advance of the hearing and have you met with the RCO and

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do you have a letter? The screen just changed on me that's why I jumped. My apologies. Okay you may

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proceed. All right good morning chairman members of the board. Let's see getting my packet to do

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what it's supposed to do. Again Leo Moldehel today on behalf of Mascot LLC that's M as in Michael

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A -S -K -O -F -F as in Frank. This is an application for 664 Union Street for a new three -family

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dwelling. I have the refusal appeal project information form at page one. I have the area

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zoning maps at page seven, showing this is a mixed -use area between single -family and RM1.

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Dede at eight, commercial activity license at 14, tax clearance at 15. Our zoning notification

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letter and proof of mailing is at 17. Our letter of support from the RCO is at 20. Photos of the

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existing property are 22 plans were 51. so members of the board quickly i'll just go forward to the

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area zoning map looks a little blurry there we go just zooming in on that a bit this is our parcel

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It looks a little blurry. There we go. Just zooming in on that a bit. This is our parcel here. It's one block up from, zoom in a little bit, from Mellon, one parcel up from Mellon Street.

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here.

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Just earlier last year, this board approved a case that I had, 649 Union Street for a two -family dwelling across the street.

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So in addition to that, there's existing multifamily on the block and existing multifamily in the area, as you can see.

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this is the area map that was taken from philadelphia atlas just showing the overhead

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shot of our parcel in question zooming out this is page eight this is my d for my client

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this is my client's commercial activity license for whatever reason the tax clearance certificate

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application wasn't working it was throwing an error but we do show that no taxes are owed for

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property page 17 this is our zoning notice so one out to the affected neighbors indicating

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the zoom meeting from anchua cynic proof of mailing at page 19. it's our letter of support

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uh 10 in support two in non -opposition that's at page 20. and here are photos of the property that

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i originally took for one plot in here there's currently bushes in this corner these are prior

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to the posting i'll just go through this quickly southbound and this is kind of a 360 view of the

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block new permits in this property across the street down the block about here where this tree

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is was where that multi -family project had discussed earlier had 649 was approved by the

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zoning board. So think down the block, across Mellon Street, some photos of the posting.

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And again, it's just 360 of the block. All right, so members of the board, this is the

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existing, this is the proposed drawings for the multifamily proposal. We do have a second floor

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deck we have a decent size rear yard there is a roof deck of the pilot house sent towards the

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middle the roof deck is set back as required by code the property does not extend past the 38

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foot height that's required under the zoning code and we're planning to have fiber cement panels

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veneer and then some brick at the front the rear of the property is proposed to be vinyl siding

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with respect to the property itself so in the ground floor unit it's about 1800 square feet

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two units let's move this out of the way there we go so members of the board as you go into the

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property you go up the stairs go in the hall and get into there we go there we go basement plant

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that's that's what we need to do first so members of the board in the basement we have a large

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rec room area utility to the front and a half bath pardon me a full bath in the basement along with

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trash storage area. Laundry is also located down here for unit one. Going to the ground floor,

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you come in to the main area. You have kitchen and living room to the front, bathroom in the

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middle, and then two bedrooms to the rear with a access stair leading to the rear yard, which is

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for use of the first floor unit. Second floor unit's also two bedrooms. It's about 900 square

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feet. Bedroom in the front, bedroom to the rear, deck for outdoor area for this unit. Kitchen in

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middle and then we have one and a half baths here as well. Trash storage is located in this unit so

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we don't have to worry about any sort of trash being stored outside of the unit or potentially

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left in the street. Going then up the stairs you'd get into the third floor unit. Again this is a

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two -bedroom unit. Bedroom in the front, bedroom in the rear. Same sort of layout as the downstairs unit.

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We have a bath and a bath. And overall here we have the roof deck which is for access

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by unit three set back in the street and that allows the third floor unit outdoor space so

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each unit has significant outdoor space we have a backyard deck and a roof deck

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by building multi -family rather than single family in this district it improves the affordability

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we have full support of the community association and we'd ask the presenting board to approve

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this proposal uh serge are you on the line please if you are please unmute yourself

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and just wait to be sworn in.

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Good morning.

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Yes, my name is Sergio

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Monsonico.

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Please spell your full name.

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My full name is

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S -E -R -G -A -Y

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and the last name is

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M -A -S -L -E -N

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and I -K -O -V.

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Thank you, Swearfirm, to tell

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the truth, the whole truth, nothing but the truth.

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Yes, as well.

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Yes, I swear.

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Thank you, Mr. Moldova.

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Thank you, Mr. Mowler.

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Yes, now thank you, sir.

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Yes, no, thank you, sir.

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You've heard my testimony today to the zoning board?

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You've heard my time.

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Yes.

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And it's true and accurate to the best of your knowledge, information, and belief?

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Yes.

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Is there anything you'd like to add at this time?

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Nothing.

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Everything was presented.

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All right.

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Thank you very much, members of the board.

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Thank you.

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Questions from the board?

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No.

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No.

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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there are no hands at this time chair thank you planning commission

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jared tico members of the board and hegarty for the philadelphia city planning commission

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so in 2017 this area was remapped from rm1 to rsa5 and this was done in accord with

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recommendations from the comprehensive plan i would just note the zoning map in this neighborhood

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was amended comprehensively and carefully on a parcel by parcel basis backed by a pretty robust

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community engagement process the applicant's hardship claim is not supported with evidence

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of unique physical circumstances or conditions of the property this is a cleared lot city planning

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commission recommends that the board deny the variance like 2020 that excuse me mi 2020 -002

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491 664 union street again there was a letter of non -opposition from council woman got the a my

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vote is yes my vote is yes my vote is yes my vote is yes thank you i believe that concludes

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the 9 30 list any on any unfinished business on the 9 30 list are we circling back to number 10

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335 335 jasper street and number five where alum knockinson was called but not present

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I'm sorry you said yeah let's uh is Mr. Notkinson available

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I do not see his hand at this time chair all right so that was number five right Rebecca

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yes correct and my 2020 does 000233 2241 North 15th Street is continued

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and the other one was

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I guess Tanya

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Tanya what happened with

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Visita

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number

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sorry Frank

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you said it was continued chair

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all right thank you

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thank you both of you

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thank you Ms. Cole

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all right that concludes the 930 list

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I believe

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it does

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thank you

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thank you and good afternoon and uh tanya and miss benton they'll give us the go ahead

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we can go right ahead chair you good afternoon everyone my name is frank de chico i'm the chair

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of the zoning board of adjustment i'll be participating in today's hearing excuse me

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along with our vice chair miss carol tenere board secretary confessor plaza and board member mr

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Thomas Holloman. Board Administrator Ms. Yvette Benton and our Board Attorney Ms. Rebecca Cole

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are also in attendance. For those of you who haven't yet participated in one of our virtual

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hearings, I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to individual participants prior to their testimony. Second, we'd like to advise everyone

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that this proceeding is being recorded, and that by participating, you acknowledge your agreement

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to be recorded, and 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, you must raise your hand by

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hitting star nine, and then star six to unmute yourself. I'll repeat. For anyone participating

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by phone if you wish to testify you must raise your hand by hitting star nine and then star six

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to unmute yourself finally to enter an appearance statement call google 267 -270 -5548 and leave your

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email address and the address of the property at issue i'll repeat that as well to enter an

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appearance statement. Call Google 267 -270 -5548 and leave your email address and the address

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of the property at issue. I would also like to remind everyone, please do not attempt to

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testify in the chat. Any concerns or questions should be addressed to our board administrator,

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to our Board Administrator, Ms. Yvette Benton.

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Miss Yvette Benton. With that,

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With that, hold on, give me a second.

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I know we have a rehearing.

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Is there anyone requesting a continuance or withdrawal at this time?

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If so, please raise your hand.

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If you're requesting a continuance or withdrawal, please raise your hand.

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chair we have rachel pritzker ms pritzker you can unmute yourself and speak now

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thank you um please identify yourself i'll swear you in sure rachel r -a -c -h -a -e -l pritzker p -r -i -t -z -k -e -r

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1635 market street suite 1600 philadelphia pa 19103

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we're firm to tell the truth the whole truth nothing but the truth yes thank you just like

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to request a continuance for 1625 west thompson there was a mix -up of rcos and so now we just

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need some time to reschedule with the original rco very good thank you mi 2021 that's 000372

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1625 West Thompson is continued. Thank you. Any other requests for continuances or withdrawals?

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I see no hands at this time, Chair. Thank you. And with that, I believe the first case,

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Madam Vice Chair

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is the

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resumption

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yes

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calendar number

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1171541

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East

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Worcester Street

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the attorney

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is Sean Whelan

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Mr. Whelan

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is coming back

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in as a

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panelist now

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good afternoon chair good afternoon mr whalen can you put your name and address on the record

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and please spell your last name sean s -e -a -n whalen w -h -a -l -e -n vintage law six coulter avenue

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suite 1000 ardmore pa 19003 do you swear our firm to tell the whole truth and i'll think

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about the truth again i i do for the uh so many times i can't remember um so frank do i go through

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the rest of that waving the reading and i don't think so because it's a rehearing i don't think

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it's just a rehearing yeah okay you may proceed thank you tanya unless mr will do you have any

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reason to object anything you're you're ready to go no i i don't have any reason to object to

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anything, I would just like to make the zoning board aware. I believe a Ms. Sharon Harvey is

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on the call. She is the attorney for the immediately adjacent neighbor, Ms. Oneida

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DeBrady. So she should be elevated. So just a very quick recap. Obviously, this case has been

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heard several times by the board. All opposition and support has already been entered into the

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into evidence at the very conclusion of the hearing last I guess the last hearing in April

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board member Holloman asked for us to have to agree to a resumption hearing

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so that we could meet with the immediately adjacent neighbor Mr. Brady in order to address

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she raised a number of concerns at the end of last hearing most of them non -zoning concerns but

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but a number of legitimate concerns, and so we did. We agreed to have that meeting.

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Mr. Charles Richardson very kindly offered to kind of be the go -between at first. I entered

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about 150 pages worth of emails between myself and Mr. Richardson and Mr. Brady about setting

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up meetings, trying to get everything through. We thought we had one set up that unfortunately

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was unable to, to proceed. And then Mr. Richardson informed me that, uh, Mr. Brady was, um, he

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believed, uh, represented by council and that he would be stepping out of the middle and allow us

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to proceed. And so Ms. Sharon here is, um, Ms. Sharon Harvey, I apologize. Uh, I believe again

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is on the is on the call and she's going to state the position of Mr. Brady and if you're wrong

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please identify yourself spell your full name and it will swear you in Miss Harvey's coming in as the

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Spell your full name and we'll swear you in.

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Ms. Harvey's coming in as the panelist now, Chair.

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panelists.

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Good afternoon.

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My name is Sharon Harvey.

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Name and address for the record, please.

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And spell your last name.

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Thank you.

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Harvey, H -A -R -V -E -Y, 140 West Maplewood Avenue, Philadelphia, PA, 19144.

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And I'm an attorney with Harper and Paul.

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and we were recently retained by Mr. Brady to represent her interest in the zoning so I would

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ask that the um could you wait one minute please yeah I'm getting ready to swear you in do you

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swear for him to tell the whole truth and nothing but the truth yes I do you now may continue um I

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would uh request that the presumption hearing be resumed again for maybe three or four weeks so

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that i can um get all the facts and so that we can have further discussions as to what the issues

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are my client's issues are and a brief three or four weeks would uh would probably dissolve most

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of our issues i don't understand this but frank you're the chair no okay yes you have a question

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yes carol yeah i what is taking so much time

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oh for uh for me i just became involved in the uh issues and uh i i'm assuming mr richardson

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from cindy bass's office has been taking uh the lead on this but once i was retained uh it was

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it was recently so i haven't had a time to fully look at all the issues the 100 emails i have not

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had that amount of time all right let me ask you a question when was the last hearing mr whale and

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you can refresh my memory uh april 28th i believe april maybe 26th i could confirm it was in a

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last latter part of April.

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Ms. Harvey, when were you retained?

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May 27th.

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And between that time, I believe

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Mr. Whalen and Mr. Richardson have been

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communicating.

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A little less than a month ago, you were retained.

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The last hearing was almost

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two months ago. Yes. Correct?

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Yes.

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I don't see any...

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I apologize. I know you just

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got retained, but

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Mr. Brady had

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sufficient time from the beginning when this case first started back when and I guess it was in

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still in the year 2020 and at this late date to ask for another resumption I don't think it's

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fair to anybody at this point. Mr. Whale do you have any comments? No chair I mean I certainly

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want this to proceed going forward I understand the position that Ms. Harvey is in we will

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certainly continue to work with Miss Harvey and her representation of Mr. Brady. Again, I think

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that Miss Harvey was correct saying that we will resolve the issues that Mr. Brady raised at the

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last hearing over the next coming weeks. I don't think that that needs to stall this board's

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decision, however. And as you know, I mean, I've been handling this for over a year already,

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And I know Ms. Pritzker, who was just on, handled it before that.

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You know, and I've submitted, I think, over 200 pages of emails between myself and the RCOs and, you know, Mr. Richardson on behalf of Mr. Brady and the RCOs trying to set up meetings, trying to have communications, and it hasn't occurred.

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So, again, happy to work with Ms. Harvey going forward.

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we've had a very good working relationship over the last uh week to 10 days that we've been

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communicating um and i think that that can continue you know regardless of the court of

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this board's uh voting today which i would prefer to do does any board member have any objection to

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voting this case today based on what we just heard from mr whalen no i'm okay no you're okay tom yes

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I'm okay. I didn't hear Mr. Holloman. I didn't hear. He said yes.

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I said yes. All right. Thank you. All right. With that, MI 2020 -001171, 541 East Worcester.

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My vote is yes. My vote is yes. My vote is yes. My vote is yes.

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you before we go on the regular list uh there are about 11 cases that are all

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uh there are about 11 cases that are all somehow related so i would say in the interest of time

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why don't we go to number 15 and we'll do 15 and 16 and then go to uh mr careless's list okay

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calendar number 0786 -3605 fairmount avenue and calendar number 0785 -3620 fairmount avenue

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The attorney for both is Meredith Ferliger.

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And there's a letter of non -opposition for both applications from Councilwoman Gautier.

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Correct.

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Ms. Ferliger will be coming back in as a panelist, Chair.

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Thank you.

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Good afternoon.

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Good afternoon. Name and address on the record, please, and spell your last name.

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sure meredith ferliger f -e -r -l -e -g -e -r 1500 market street suite 3500 e philadelphia pennsylvania

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you swear for him to tell the whole truth and nothing but the truth i sure do do you agree

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to waive the reading of the refusal and stipulate to its accuracy yes for 3620 no for 3605 uh for

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For 3605, we're going to submit that the side yard variance was incorrectly issued.

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So yes for 3620, no for 3605.

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

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photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes to all of the above.

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Thank you. You may proceed.

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All right. Caught me a little off guard.

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I was expecting to be last. So we come to you today with a request for a variance for two

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properties on the same block located at 3605 and 3620 Fairmount Avenue in Mantua, both which

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receive support from the Mantua Civic Association. My client here today is the owner of the property,

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owner F LLC, which is represented here today by Rami Shrine. Now to orient you to the particular

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properties, you can refer to the zoning map that I have up on the screen here, which is at tab 7.

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As you'll see, both of these properties sit between North 36th Street and North 37th Street.

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3605 Fairmont Avenue is on the north side of the block and is zoned RSA 3. The lot is just under

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1 ,500 square feet. The north side of the block is zoned half RSA 3, half RSA 5.

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Now on the other side of the street, the 3620 Fairmont Avenue lot is just under 3 ,400 square

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feed. I'll turn to the photos briefly at tab 13 to give you a better sense of the makeup of this

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block. The first photo that you'll see here is of the vacant lot that's at 3605 Fairmont Avenue.

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Now if I flip to the other side of the street,

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you'll see here is 3620 Fairmont Avenue. You'll notice that most of this side of the street

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is vacant land, and this blue dilapidated structure here was just recently demolished.

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Now, as far as the proposals are concerned, generally speaking, my client worked with the

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Mantua community to design these proposals. What he heard, and what I'll expect that you'll hear

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from the RCO representative today, is that there's quite an underserved need in this area

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for affordable homeownership. So given the mixed nature of this block, which I'll describe,

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the community felt this block was uniquely situated to accommodate that type of affordable

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condominium development. So the units proposed today will be condominiums and will be sold for

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affordable prices for the area around $250 ,000. My client has also confirmed with the councilwoman

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his intent to work with the local housing counseling agencies when it comes time to sell the proposed

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units. Now let me flip up to the renderings here. 3605 Fairmount Avenue proposes a three -story

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structure with four units and the units will range from 895 square feet to 990 square feet,

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including two bi -level units. As you can see in the rendering

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including two bi -level units. As you can see in the rendering at tab 4C, the structure was designed

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to blend as much as possible with the adjacent structures, including matching the front setback

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and the porch. 3620 Fairmont Avenue

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has been revised from the original submission. I'm sorry, just one second. I need you to stop.

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3620 Fairmont Avenue has been revised from the original submission.

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Originally, a four -story structure was proposed with eight units.

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In response to community feedback, that has now been revised.

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Before the Board today is now a three -story structure with six units.

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I did submit a revised plan and a revised plan proviso form that details the modifications to all the zoning calculations

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that reflect the changes that were made. You'll also notice in the revised plan

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at tab 5b that the design itself has changed. So you'll see in the original design it was a four

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story sole single face structure and it's now been revised so that it will visually appear as

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if it has two separate buildings. Now, although there are no structures that actually surround

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this, a front setback and a porch are included to be consistent with the other side of the street.

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These six units will range from 940 square feet to 1 ,700 square feet. Trash for both will be

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stored in the rear yard area and will be, of course, collected on pickup day. Now, regarding

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the refusals, both of the proposals received a refusal for the proposed multifamily use.

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I'll address that in a moment. Originally, 3620 Fairmount Avenue also received a refusal for

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height, but that refusal has been eliminated with the elimination of the four -story, so 3620 is now

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just before you for the use refusal. Now, regarding 3605, because it is zoned RSA 3,

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it received several dimensional refusals. I'll address the hardships concerning the

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dimensional characteristics of 3605 Fairmont Avenue first before turning to the use.

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First, as I mentioned earlier, we do contend that the refusal for the side yard was issued in error.

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The structure is considered attached under the zoning code and therefore would not be subject

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to a side yard requirement, so the examiner was mistaken when he did issue that refusal.

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Now for the other dimensional refusals, as you saw in the zoning map, this block is split zoned

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between RSA 3 and RSA 5. From a dimensional perspective, the 3605 proposal was designed

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to comply as much as possible with the RSA 5 provisions, given that most of the structures

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remaining on the block conform with the RSA 5 district. An RSA 3 structure would be quite out

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of character with the block and would be challenging for any development regardless of use

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because the lot is significantly smaller than a typical RSA 3 lot. A minimum RSA 3 lot is required

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to be 2 ,250 square feet and 25 feet wide. Here, the 3605 Fairmont lot is only just over 1 ,500 square

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feet and 20 feet wide. So in comparison, the minimum lot size for RSA 5 is 1 ,440 square feet,

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which is much more in line with the 3605 Fairmont lot before you. With the RSA 3 zoning,

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the required open area would be 50 % and only 26 .25 % is proposed. Because the lot is undersized,

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complying with the RSA 3 standards would mean that the owner could only build on a footprint

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of just under 800 square feet. Similarly, the required rear yard here would be 20 feet

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and a nine foot rear yard is proposed. So as mentioned previously, this was designed to ensure

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that the proposed structure blends as much as possible with the surrounding structures which

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do align more closely with the RSA 5 requirements. Now we also received a refusal for a failure to

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set back above the second story. We do submit that this providing this setback would result

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in a structure that would be significantly out of character with the block and with the neighborhood

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and with the neighborhood generally is you don't tend to see that type of third floor setback

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generally is you don't tend to see that type of third floor.

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in this general area. That's more so something you tend to see in South Philadelphia.

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This is especially true since a 12 -foot front setback with a porch is already provided.

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Now if you take a look at the photos,

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you'll see that towards north 36th street off in the distance here is the pha apartment complex

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now if you travel in the opposite direction on the street

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you'll see a mix of two and three story structures including a newly developed

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apartment complex that was erected on the street prior to mantua being rezoned

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So there's really no precedent in this area, and especially on this block, for that type of third story setback, and providing one would be quite out of character, and really quite unnecessary, given there is a significant front setback provided.

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Now, most importantly, turning to the proposed multifamily use, we do submit to a hardship for several reasons.

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First, this block is illustrative for the mixed character that has resulted from that

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Mantua rezoning.

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Because the entire block used to be zoned RM1, you're left with a mix of multifamily,

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mixed with single family, as well as significant vacant land.

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This is precisely the reason that the Mantua community felt that an affordable condominium

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project would be ideal for this particular block.

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There, and you can see it in the photo here, there is a large 10 -unit complex at 3619 Fairmount, as well as a four -unit proposal that's permitted for 3623 Fairmount, all on the same block here.

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Directly behind 3605 Fairmount is a four -unit building at 3606 Olive, which is also zoned RSA 3, in which this board approved by variants just several years ago.

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As I mentioned, one block away is the PHA apartment complex that includes roughly 101 units.

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And I did include copies of these permits in your exhibit packet at tab 10.

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So the density proposed here is consistent with the surrounding structures and does reflect the density that would have been allowed if the properties were still zoned R &1, which of course they are not.

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In fact, 3620 Fairmont proposes less units than would have been allowed. So the original proposal

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was for the eight. It's now been reduced to six. These multifamily condominiums will blend with

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the mixed character of the street and will continue the revitalization of the street,

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which does still include quite a few vacant structures and lots. As always, we submit the

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variances are the least minimum variance, proposing densities that are consistent with

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the use of surrounding structures. The 3605 Fairmount dimensional variances are intended

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to conform the development to existing and newer developments on the street, which all more closely

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align with RSA 5 standards. We submit the proposal will not increase congestion, harm neighbors, or

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impair light and air. A full analysis is provided in the Memorandum of Law submitted to the Board

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at tab 10. Now with respect to the community we did meet with Mantua Civic Association

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and their letters of support are in the packet at tab 12. I do believe we also have a representative

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for Mantua on the zoom today that intended to speak about the community's position on that

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but before we get there I will just briefly bring up my client to adopt my testimony. Rami are you

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there. If you could unmute Rami Shrine. Mr. Shrine, you can unmute yourself and speak now.

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Hi, this is Rami Shrine. R -A -M -Y -S -H -R. Okay, you know, get it. I'm sorry. Sorry. R -A -M -Y -S -H -R -A -I -M,

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433 North 32nd Street. Thank you. You swear if I'm to tell the truth, the whole truth,

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nothing but the truth yes sir thank you Rami you've heard all my testimony here today before

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the board yes and do you adopt that testimony as if it were your own yes thank you with that we'll

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we're happy to take questions uh anyone else like to excuse me questions from the board no

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no no anyone else would like to testify in this case if so please raise your hand

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Chair, we have a Gwendolyn Morris with her hand up.

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Chair, we have a Gwendolyn Morris with her hand up.

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Good afternoon, Ms. Morris.

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Good afternoon, Ms. Morris.

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Please identify yourself, spell your first and last name, and I'll swear you in.

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Good afternoon.

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My name is Gwendolyn Morris.

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First name G -W -E -N -D -O -L -Y -N.

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Last name Morris, M -O -R -R -I -S.

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I'm the secretary of the Mantua Civic Association and had the pleasure of taking notes at the RCO public meeting held around these two properties on April 26th.

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second 2021 and we have you swear or affirm to tell the truth the whole truth nothing but the

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truth i do please proceed i just like to add um from a community perspective uh we were quite

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excited uh if you look at the photographs of that particular block the 3600 block of

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front avenue that has a lot of vacant land um a lot of vacant property i think the kids used to

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call it Cowboy Hill at one time, and it's been vacant for many, many years. We were really

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excited about the opportunity for affordable home ownership, and particularly where the

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homeowner families could develop some sort of generational wealth as a result of owning those

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properties. The opportunity to own a multifamily dwelling was given to me 40 years ago in Mantua

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as a very young woman and I was able to maintain and sustain my house for over 40 years I think

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this is an opportunity and it really is an example of how diverse housing and the way we can

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apparently offer affordable home ownership to some of our young people so I am we are in full

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support of this particular proposal and we hope that we'll get some agreement and a positive

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outcome from this hearing. Thank you. Thank you. Thank you for taking the time to be with us.

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Anyone else would like to testify in this case?

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There are no hands at this time, Chair. Thank you, Meredith. On 3605, you have revised plans,

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correct uh 3620 3620 i'm sorry and how many pages one one page 3605 no revision correct that's

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correct okay planning commission good afternoon chair uh this is mason austin with the planning

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commission please spell your full name and i'll swear you in sure mason m -a -s -o -n -a -u -s and austin

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A -U -S -T -I -M? We're going to affirm to tell the truth, the whole truth, nothing but the truth?

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I do. Thank you. Please proceed. Sure. May I ask a question of the applicant?

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Sure. Okay. I just wanted to ask, because it affects the recommendation,

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are there any kind of deed restrictions or any other documents to ensure that these will be

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sold at the prices referred to? You know, we certainly had not gotten into that level of

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detail. But, you know, in this particular instance, you know, he really worked hand in hand with

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community on it. So I don't know that that is as strong as a deed restriction would be. But,

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you know, I think given the community oversight on this, should my client decide not to do that,

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obviously you know the community was involved in this so I would hope that that's more than enough

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of the oversight that you know the planning commission would hope to see that this will

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come to fruition. Okay um thank you um so with that in mind um so the property is

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indicated for uh single family residential use and I'll combine both uh recommendations one uh

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the properties are indicated for single family use on the comprehensive plan and they are zoned for

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that use um there are no unique physical circumstances or conditions peculiar to the

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property that would prevent the use of the property in accordance with the zoning code

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um in the instance of 3605 while the lot may be smaller than the minimum necessary for subdivision

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it's not a typical a typical size for rsa3 zoning district um consequently the staff

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of the planning commission recommend denying the requested variances

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Thank you.

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plan one page approved today my vote is yes proviso yes for proviso yes with proviso

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yes with proviso yes with proviso thank you all thank you enjoy the rest of your day

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thank you you as well now carol this is the 11 cases i believe so it's three five through 14.

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yeah all right i'll read them off for you i'll read them off and then you go okay cool all right

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MI 2021 -001193, 1210 South 27th Street, MI 2021 -001173, 2716 Manton Street.

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MI 2021 -001171, 2704 Manton Street. MI 2021 -001170, 2710 Manton Street. MI 2021 -001197, 2737 Ingram Street.

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MI 2021 -001195, 2729 Ingram Street. MI 2021 -001156, 2733 Ingram Street. MI 2021 -001175, 2738

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Manton Street. MI 2021 -001174, 2724 Manton Street. MI 2021 -001194, 2723 Ingram Street.

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MI 2021 -001172, 2720 Manton Street. I believe I, if I missed any, please let me know, but I think

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i got them all is 12 10 south 27th street of mr careless is also related to this matter yes it is

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i i didn't call that one i thought i called that first but i'll do it again mi 2021 -001193

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1210 South 27th Street.

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Okay, they've all been read into the record.

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Mr. Carolus.

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Yes, Mr. Carolus.

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

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Sure.

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Robert Carolus, C -A -R -E -L -E -S -S, 1650 Market Street, Philadelphia.

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

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I do.

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

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I do, on both.

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Have you emailed exhibit packets on all of these with the required documents consisting of proof of ownership, tax compliance, refusal referral, photos, and plans of the property five days in advance of this hearing?

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And have you met with the RCO, and do you have a letter?

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Yes, to all.

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Thank you. You may proceed.

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Good afternoon, Mr. Chairman, Madam Vice Chair, members of the Board.

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We are here on the 11 properties that were read at the outset of the hearing.

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This is a low -income housing tax credit development property known as the Arlene Thorpe Townhomes in Grace Ferry.

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The applicant before you is the Women's Community Revitalization Project.

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um we have before you um again 11 properties uh which have 11 refusal notices with them

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um with 17 different uh grounds for um the uh variances um and i'm just screaming through my

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my pages here excuse me back to my tab

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in your exhibit packet at exhibit a3 is a summary of uh the refusals um and the relief that we're

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requesting um hearing this on a consolidated basis is appropriate where this is all again

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pertaining to one development with larger the same grounds for relief and common relief that's

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requested. What we have here are nine -dimensional variances to reduce the minimum rear yard depth,

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four -dimensional variances to reduce minimum lot area, three -dimensional variances to reduce

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minimum lot area, minimum open area, excuse me, and one -dimensional variance to increase the

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maximum occupied area. And that pertains to 1210 South 27th Street. And the reason for that is

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that PHFA requires a community room to be part of this low -income housing development.

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The other dimensional variances are all needed to provide accessible, affordable units.

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are all needed to provide accessible, affordable units that comply with not only the building code,

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but with the PHFA or the state funding requirements for the low -income housing tax credit properties.

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So as such, and in turn, the depth of the buildings that you'll see subsequently in this presentation

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need to be increased, which requires the rear yards to be decreased to accommodate those requirements.

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Just to orient the board, and then we'll go through this, but this is the section of the proposed low -income housing tax credit development that our architect will get into in just a moment.

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But you can see it's bounded by South 28th and 27th Streets, Ingram Steen, Manton Streets.

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And then if I could.

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In Exhibit A4, I'm just showing you some existing site conditions.

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These are all vacant lots at the moment.

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Just to orient the board as we progress into our presentation here as to the current state

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of the lots that we're proposing to develop is this new low -income housing development.

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um could i ask miss nora with cash the executive director for wc rp to please raise her hand

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to come off me and offer some testimony to the board

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Do you see Nora out there in the crowd of people?

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What is the person's last name, Mr. Carolus?

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Lictash. L -I -C -T -A -S -H.

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No, I don't see anyone with that last name with their hand up.

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All right, just give her one more second.

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She says her hand is up.

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What is her name under?

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Nora.

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What is she listed under?

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It's not available.

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Yeah, that's not the name of the person who has their hand up.

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Maybe it's N. Latash.

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No.

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Okay.

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Who is the name of the person who has their hand up?

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Is it Paul Islesworth?

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Yes.

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Okay.

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Could you just unmute Paul?

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I think Nora may have just registered herself as Paul. I'm not sure why.

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Thanks, and I'm sorry for the confusion.

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May I proceed?

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Please identify yourself. Spell your first and last name.

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Sure. My name is Nora, N -O -R -A, Lictash, L -I -C -H, T -A -S -H.

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And my address is 100 West Oxford Street.

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We're a firm to tell the truth, the whole truth, nothing about the truth?

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I do.

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Thank you, Mr. Kailis.

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Nora, you're the executive director for WCRP, is that correct?

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That is correct.

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And could you briefly just give an overview of WCRP to the board and an introduction to the project?

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Sure. WCRP is the nonprofit sponsor and developer of the proposed Arlene Thorpe townhomes in Grays Ferry.

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Our organization was started more than 30 years ago, and it's committed to social and economic equity.

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We've developed over 300 affordable homes and provide supportive services to tenant families, as well as promoting leadership development with a special focus on people who themselves need affordable homes.

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In the communities where we work, we reach out to neighborhood residents, and for this development, we began this process in 2018 of just going door to door.

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We spoke with and listened to more than 100 residents to hear their priorities for the neighborhood.

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For many, low -income housing was key.

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For many, low -income housing was key.

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This work enabled us to obtain support.

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This work enabled us to obtain support as was mentioned from the local RCOs, and we've

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submitted a support letter from residents organized for advocacy and direction as part

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of the package.

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In fact, the name of our proposed development came out of this work.

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WCRP names its developments after women who have been leaders in community, and Ms. Arlene

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Thorpe was a longtime resident of King's Village section of Grace Ferry, and she worked tirelessly

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to provide resources for the community for over 30 years she organized cleanups of streets and

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vacant lots provided meals and collected toys for kids and brought important resources to the

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neighborhood and we're proud to name this development after her arlene thorpe townhomes

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is a rental development featuring 27 homes along man ingram and oakford streets between 27th and

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28th streets it will include a mixture of one two and three bedroom homes six of which will be fully

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accessible to people in wheelchairs and as you'll see from our architect's presentation which i

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think is next the homes are two and three stories with facades designed to fit in with existing

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homes in the neighborhood in some cases especially where we have a first floor wheelchair accessible

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unit we have stuck stacked homes on top of one another the plan also includes a community room

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as was mentioned and will be available to tenants and other neighborhood residents thank you

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Um, Ms. Administrator, can I ask Mr. Darren Edwards to please raise his hand and

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come off mute and offer some testimony to the board?

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okay he's unmuted he can go forward and speak

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darren good afternoon sir please identify yourself with the record spell your full name

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and i'll swear you in uh darren edwards d -a -r -y -n -e -d -w -a -r -d -s

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where your address please 1520 locust street suite 702 in philadelphia we swear for him to

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tell the truth the whole truth nothing but the truth i do thank you mr carol um darren you are

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the architect on this project that's correct and the documents that i marked as exhibit a5 you

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recognize the slides here as i'm showing my thumbnail yes okay and um could you just briefly

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as we go through this exhibit a5 to the board just to describe what the board's looking at

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sure uh so this uh this first slide is a rendering of the proposed design the design

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intent is to reinforce what we heard from the community members that the home should respect

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and reflect the row homes in the surrounding neighborhood in size, scale, and materials.

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We talked a little bit about the context map already. You can go on to the next.

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So currently there are 25 separate city -owned lots that were assembled by the land bank for

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this development. Some run from Manton Street to Ingram Street and others are smaller former

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townhomes that only face one street. This is the proposed site plan. So some of these 25 lots will

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either remain unchanged and others will be consolidated and or subdivided to create a

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total of 17 properties. 17 buildings will house 27 residential units in the community room.

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These buildings will include single -family townhomes, duplex buildings, and triplex buildings.

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The footprints of these buildings were driven by requirements from the state housing agency, PHFA, that requires all the first floors of residential units to either be visitable or accessible.

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PHFA's design criteria require rooms to be of a minimum size and accessibility requires additional spaces for maneuverability.

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therefore to meet all these requirements the footprints of these buildings were increased

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affecting the depth of the rear yards or the amount of open space

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this is an example of what the typical row home might look like followed by the floor plants

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and then this is the building that faces 27th street there are three residential units in this

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building along with the community room. The community room is indicated by the space behind

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the large storefront windows in the bottom right hand side. And then to the right you can see the

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the community space in the front with a small kitchenette in the back and then two offices for

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Then two offices for WCRP in the back.

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WCRP in the back.

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Then one of the residential units is to the left,

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which is a three -story kind of single -family house.

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And then there is one flat on the right -hand side on their right.

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And then the second story of the single -family house to the left.

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and then the third floor is a flat with a third story of the single family house on the right

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or sorry left and then this is an elevation of what one of the duplexes would look like

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where you go on to the next slide

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So the first floor unit to the right is a typical accessible unit that has this meets the size requirements of what PHFA requires as well as the building code for accessibility clearances.

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Thank you, Darren.

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Sure.

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um members of the board i would just uh offer um submit to the record that um again these

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these dwelling units need to have access also to emergency access which is also driving the

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the the request for the variances here um the size constraints of the the various

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parcels that comprise the proposed redevelopment um i would assert present a hardship beyond the

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control of WCRP. We cannot meet these dimensional requirements under the code, given the PHA

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requirements for accessibility and visitability, and then also provide the appropriate room sizes

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that's driven by our state funding source. I would assert that the proposed redevelopment

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promote access to affordable housing in an area of the city and where there's low -income residents

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at risk for displacement, and I think affordable housing promotes quality of life and better health

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and wellness and sustainability in the place of what's currently vacant lots. Again, these are

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dimensional variances, not use variances, and we're asking for reasonable adjustments under

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the current provisions of the zoning code. And with that, I would open it up to questions from

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the board members. Any questions from the board? Yes, Mr. Chairman. No.

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What is the trash plan for the triplexes? Did you hear me? Yes, I did. Could I ask either

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Paul, Nora, or Paul, in order to come off mute and address that question.

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So the plan for the triplexes is that we'll have dumpsters behind the community space

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for the larger buildings.

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Could I see the site plan, please?

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okay you were saying it's my understanding that there will be a dumpster behind the community

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room that'll serve the triplexes yes

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is a commercial pickup yes

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thank you any other questions from the board

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no anyone else would like to testify in this case if so please raise your hand

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chair we have a mika outlaw miss outlaw you can unmute yourself and speak

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good afternoon miss outlaw please spell your first and last name and i'll swear you in

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all right good afternoon my name is Mika Outlaw um M -E -E -K -A Outlaw O -U -T -L -A -W

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your address please 1530 South Taney Street

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yeah I'm sorry do you swear for him to tell the truth the whole truth nothing but the truth

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yes thank you man please proceed okay my name is Mika Outlaw and I am the president of Rhodes

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RCO and a resident of King's Village section of Grace Ferry I've lived in Grace Ferry for 42 years

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and 42 years is a long time and that's exactly how long that lot if not longer

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has been empty and vacant this is where WCRP would like to be

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has been empty and vacant. This is where WCRP would like to build affordable housing.

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And it has, this lot needs to be developed. And I can think of any better solution to build

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affordable housing for the people in this community. I support WCRP and this proposed

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project because we are being overrun with $400 ,000 to $600 ,000 condos that no one can afford to live

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in this neighborhood. We need this project and I fully support WCRP. Thank you. Thank you ma 'am

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for taking the time to be with us. Anyone else to testify in this case? Chair we have a Ms. Wilson

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Ms. Wilson you can unmute yourself and speak. Yes good afternoon. Good afternoon Ms. Wilson

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please identify yourself first and last name. Diane Hannah Wilson spelled D -I -A -N -E last name

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Hannah Wilson, H -A -N -N -A -H hyphen Wilson. Address for the record, I represent the properties at

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1209 through 1213 South 28th Street, Philadelphia, PA, 19146. We're affirming to tell the truth,

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the whole truth, nothing but the truth. I do. Please proceed. On behalf of JMW Holdings, Inc.,

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an independent, female -owned, and operated minority business

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situated in the heart of the proposed development,

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I take this opportunity to briefly address this body.

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Having the opportunity to meet with the leadership team,

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legal representatives, and community organizer

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of the Women's Community Revitalization Project,

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I offer this letter of support on behalf of our family business.

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WCRP listened to our concerns as a small business,

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having existed in this community for the past 20 plus years. Our concerns were met with sincerity

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and as an organization, they did everything possible to address these concerns both during

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and after the proposed construction. On behalf of JMWD Holdings, Inc., it is both our honor and

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pleasure to support the low -income housing development on Manton and Ingram streets.

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We applaud WCRP for returning affordable housing to this community and providing diversity in the socioeconomic landscape to the area formerly known as Martin Luther King's Village Community Association.

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Respectfully, please accept this small petition as our support of this project.

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Signed, Diane and Jack Wilson, JMWD Holdings, Inc.

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Thank you. Appreciate your time.

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Anyone else?

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Karen, we have friends, Pierre.

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Mr. Pierre, you can unmute yourself and speak.

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Yes, that's a member of Johnson's office.

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That's R -A -N -T -Z.

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Oh, I understand.

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That's E -I -S -P -E -R -K.

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We'll go back to it.

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All right, thanks.

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Good afternoon, sir.

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

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I certainly do and good afternoon Mr. Chairman and fellow board members.

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Once again France Pierre, Council Member Johnson's office zoning liaison.

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We join the community as well as the coordinating RCO and their support of the proposed development.

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Thank you. Planning Commission.

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Afternoon Chair and members of the board this is Mason Austin representing the Planning Commission.

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while the properties all these properties are indicated for single -family use on the

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comprehensive plan and are currently a mix of resident of multi -family residential and

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commercial mixed use in terms of zoning while the project may not meet the letter of the

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of the comprehensive plan they meets the intent by maintaining an average of one unit per current

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zoning lot um further uh most of the requested eventual variances are de minimis um and the

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and the project would meet a critical need for affordable housing in the neighborhood

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consequently planning commission uh supports the granting of these variances thank you

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there we have one more person with their hand up okay sorry about that missed it

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Ms. Butts, you can unmute yourself and speak now.

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Good afternoon, ma 'am. Please spell your first and last name, and I'll swear you win.

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LaDonna, L -A -D -O -N -N -A, Butts, B -U -T -T -S.

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

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Yes.

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Thank you, ma 'am. Please proceed.

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My name is LaDonna Butts, and I've been a lifelong residence in the Grace Ferry section of Philadelphia.

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Philadelphia. My family has been in this area of Grace Ferry for over a century. And the reason I'm

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My family has been in this area of grace.

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here is I'm deeply concerned about the number of residents who are being displaced due to the

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unavailability, unavailability, excuse me, of affordable housing. My daughter, who was also

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raised in this Grace Ferry community, is unable to find housing because of the massive rises in rent

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as well as purchase prices. So in researching WCRP I learned that they've been providing

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affordable housing for Philadelphia residents for the last 35 years and that they seek to

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continue this initiative by adding to their 300 properties that they currently manage.

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While development is necessary to combat the urban blight, it's also important to consider

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the needs of the existing residents. So for this reason I support WCRP and their initiative to

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provide housing that is affordable for residents in Grace Ferry that are facing displacement at an

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alarming rate. Thank you. Thank you. Anyone else? There are no other hands at this time, Chair.

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Thank you. I'm going to read off all these and then we'll vote as a group.

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uh and i want to ask everybody to hang in there because i've made a mistake on another case

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so i'll begin with mi 2021 -001193 1210 south 27th street mi 2021 -001173

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2716 Manton Street. MI 2021 -001171 2704 Manton Street. MI 2021 -001170 2710 Manton Street.

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MI 2021 -001197 2737 Ingram Street. MI 2021 -001195 2729 Ingram Street. MI 2021 -001156 2733 Ingram Street.

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MI 2021 -001175, 2738 Manton Street.

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MI 2021 -001174, 2724 Manton Street.

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MI 2021 -001194, 2723 Ingram Street.

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MI 2021 -001172

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2720

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Manton Street. My vote is yes

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on all the cases I've just read into the record.

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My vote is yes on all of the cases.

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Yes to all. Yes to all.

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I got to go back, folks.

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There's two things. One, there was an add -on that we didn't have.

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It's a straight up and down vote.

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MI 2021 -002490, 2637 East Clearfield Street.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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And I apologized earlier on the Webster Street.

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Is Sean Whalen still around?

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No, Chair, he's not.

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It's Worcester Street.

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Worcester.

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Worcester Street, yes. Tanya, I messed up. I called for a vote and then it was a resumption hearing. We didn't have to ask them all.

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Unfortunately, we would have to resume again because the attorney of record is not available.

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My mistake, I sincerely apologize to anyone out there. I overlooked the comment about a resumption hearing. I apologize.

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And if we could, Tanya, get a resumption as quickly as possible.

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Again, I take full responsibility for having looked over that comment, that notation.

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So MI 2020 -001171, 541 East Worcester Street.

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if i could state that you're going to rescind that decision

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and the all parties will be notified of the new resumption date after we speak to mr whalen

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noted thank you very much and again my sincere apologies to anyone who's waiting to be heard

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okay um with that

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we did clear field we did i think that ends the two o 'clock list it does yes

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we did clear field we did i think that ends the two o 'clock list

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um yeah we have someone with their hand up whoever that is they can ask a question in the chat if

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they like okay yeah this whole location has been heard okay let's see everybody back at 3 30 3 30

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where i open up the 3 30 session there's some unfinished business on the two o 'clock list

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i just had a conversation with miss sunkett regarding 1101 east mount pleasant avenue

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it was an appeal against lni it was inadvertently left off the list but we're not going to be able

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to go forward with this case because attorney representing the city meaning lni is not present

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having said that uh miss sunk it tanya i think you wanted to uh um yes if we can ask miss bolden

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to be um unmuted beatrice bolden miss bolden please identify yourself with the record spell

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your first and last name and i'll swear you in um tanya i'm getting a message when i try to

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unmute her is saying i can't allow her to talk because she's using it

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no worries i promoted her to a channel okay um hi miss golden yes two devices on you have to turn

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one off or mute i did i did i did i was worried about losing everybody so i just kept going to

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every computer to try to keep it in so i can i need you to stop your volume is too loud as well

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okay turn it down just a little bit yes ma 'am okay i apologize that the attorney for the law

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department is not here what i could try to do is reach out to him and see if we can reschedule this

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next week does that work for you yes ma 'am okay um so i will reach out to you directly but i

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wanted you to have an opportunity to come forward so that you could understand what was going on

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we need the law department to represent the city on behalf of lni for the violation that was issued

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to you okay and then you can read yes yes go ahead frank

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you finish i'm sorry um and you can reach out directly to me and i will be the go -between to

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make sure that this case go forward i'm sorry it's upsetting to you okay

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we understand we hear your case so we will

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okay we'll do our best to get this hurt case for next week we apologize for the inconvenience

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just so that you're aware the letter went out to all parties so i will reach out to mr leonard

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router to see if we can reschedule this ASAP okay okay Ms. Bolden Ms. Bolden yes

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hang in there we'll be in touch with you you'll have a hearing next week thank you

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sorry for the inconvenience thank you okay I think we can begin with the 3 30

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list yes chair thank you so much for your kindness you okay good afternoon

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Good afternoon, 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. Carrollton -Eary,

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board secretary, confessor, plaza, and board member, Mr. Thomas Holloman.

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Board administrator, Ms. Yvette Benton, and our board attorney, Ms. Rebecca Cole, are also in

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attendance. 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. I'll repeat

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for anyone participating by phone if you wish to testify you must raise your hand by hitting star

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nine and then star six to unmute yourself. Finally to enter an appearance statement call google 267

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Finally, to enter an appearance statement, call Google 267 -270 -5548 and leave your email address and the address of the property at issue.

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I'll repeat. To enter an appearance statement, call Google 267 -270 -5548 and leave your email address and the address of the property at issue.

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And I would also like to remind everyone, please do not attempt to testify in the chat.

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Any comments or questions should be directed to the Board Administrator, Ms. Yvette Benton.

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Having said that, I will ask if there are any requests for continuance or continuances or

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withdrawals for the 3 .30 hearing list. Anyone requesting a continuance or withdrawal,

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please raise your hand at this time.

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there are no hands at this time chair thank you so we will go to the first case which is an add -on

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mi 2021 -000038 1811 west thompson street this is a resumption hearing

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and I believe Ms. Alderferro is the attorney representing the applicant

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we chair I don't have anyone by that name with their hand up I have a Mr. Toner with his hand

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up he might be representing Mr. Toner are you representing 1811 West Thompson yes I promoted

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them to panelists. Oh, thank you, Tanya. Okay, Mr. Toner.

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Paul, can you hear me?

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There we go. Is that better? Hi, Mr. Toner, do you, can you put your name and address on the

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record and please spell your last name yes paul toner t -o -n -e -r 1500 jfk boulevard suite 800

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orphanese and toner or counsel for the applicant rosa nugent properties for 1811 west thompson

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street do you swear a firm to tell the whole truth and nothing about the truth

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i do yes okay um i guess you may proceed is this this is a resumption here

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Thank you. It is. It's my understanding at the last hearing, the record was closed with the exception of an indication that we had met with the coordinating RCO, which is the Friends of the 47th Ward.

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As you may recall, this is a application for a duplex at 1811 Thompson Street.

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It was supported by the Planning Commission. Our evidence presented at the first hearing showed that this property had previously been legally authorized as a triplex, so we were downzoning the total number of units from three to two.

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Again, the Planning Commission fully supported this. We met with the neighbors on May 27th, and the Friends of the RCO has now issued a letter of support.

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I also spoke with council president's office today, Mary Jones, and I understand that she may be here today to also indicate that the councilman is standing with the RCO on this case.

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So unless the board would like me to reiterate some of the prior testimony on this application, this is a fairly straightforward matter where Thompson Street has developed with numerous multifamilies.

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families we had a map identifying the 18 separate multi -families that were legally authorized on

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this block or surrounding this block and uh we believe that there's a reason why the planning

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commission neighbors all support this because this is a project entirely appropriate for this block

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okay is miss jones available

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there's no one with the hand up at this time chair okay thank you so let's i'll go back to

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the planning commission i understand they did support this but we'll ask again planning

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commission? Ron, please identify yourself and I'll swear you in. Okay, this is Ron Bednar,

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city planning, R -O -N, last name Bednar, B -E -D -N -A -R. Swear for him to tell the truth,

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the whole truth, nothing but the truth? I do. Thank you, please proceed. Yeah, our position

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has not changed. We still are in support. Very good. Thank you. Any questions from the board?

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No? No. Okay. MI 2021. Chair, if I could just ask the question, did we get the letter from?

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Mr. Toner, did you submit the letter?

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Mr. Toner, did you submit the letter? It's my understanding the RCO sent directly, but then I

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It's my understanding the RCO sent directly,

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but then I also emailed the letter separately to the board

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along with our 14303 certification.

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Thank you very kindly.

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Chair, you can continue.

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Yeah, I don't see any notations

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about not having received it, so thank you.

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MI 2021 -0000381811 West Thompson Street.

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My vote is yes.

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My vote is yes.

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my vote is yes my vote is yes thank you uh the first case on the list uh i just i see a notation

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a request for some dismissal well let's call it up uh carol and see see what we get okay calendar

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number 0248 2200 north lambert street

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one here for 2200 north lambert street miss taylor tanya taylor

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there are no hands at this time chair okay and there was a letter submitted by north central

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philadelphia cdc requesting a dismissal we did not receive any exhibits so mi 2020

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That's 0002482200 North Lambert Street.

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My vote is to dismiss.

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My vote is to dismiss.

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Dismiss.

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Dismiss.

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Calendar number 0277 -3105 West Dauphin Street.

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anyone here for 3105 west dolphin street

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there are no hands up at this time chair this first listing i don't think so is it

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exhibits were submitted back in september

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yes so this is probably the second okay mi 2020 that's 000277

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3105 West

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Dolphin Street. My vote is to dismiss.

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Dismiss.

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Dismiss. Dismiss.

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Calendar number

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0792

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397 East Upsall Street.

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Jermaine Harris is the

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attorney.

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Mr. Harris is coming back in as a panelist

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now.

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good afternoon board members good afternoon can you put your name and address on the record

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please and spell your last name jermaine harris uh harris 100 south broad street suite 1523

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uh philadelphia 19110 and you're still under oath do you agree to wave the reading of the

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refusal and stipulate to its accuracy i do okay and have you emailed the exhibit packet

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it with proof of ownership, tax compliance, refusal or referral, voters under plans of the

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property five days in advance of this hearing. And have you met with the RCO? And do you have a

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letter? Yes, I do. Okay, you may proceed. Thank you. Yes. Again, my name is Jermaine Harris,

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and I represent the applicant who is Black Heart Equity, LLC. This is concerning the property at

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397 East Upsil Street. And what we're seeking to do, what the applicant is seeking to do

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is convert a legal four -family building to a six -family building. I'd like to share the screen.

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Let's see right now.

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you're not muted

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yeah i know but i didn't know what was going on out there there's work

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workers in the hallway

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just bear with me i'm uh going to share it right now while you're doing that i think the question

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was asked about the rco letter i didn't hear it has it yes yes it has it was submitted it was

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submitted directly to the board on Friday by the RCO itself and also it was part of my package that

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was submitted also on Friday. Thank you. Hold on.

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I can confirm that we did receive the letter.

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Okay.

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Okay.

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Okay, so what we have here in the package is the letter of support from the RCO, which is East Mount Airy Neighbors.

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It was 14 members that attended, and it was a 13 -to -1 support in favor of this particular project.

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This project is, this building is in a block that is full of multifamily buildings, and on the opposite side of the street of, it's on Upsil Street, on the opposite side of the street, it's all RM1s.

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um and for some reason it's all it's rsa5 on the side that uh blackheart equity 397

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is on but the lot size of this particular project is uh 4 000 square feet so it's a very large

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uh it's a very large lot size and the building size of the building is 3600 square feet um what

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we're looking at here is the front of the building along with the posting of the zoning of the zoning

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notice let's continue so the extra two apartments that would be put on in this uh that that would

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be here is is that it would be basement apartments it would be two basement apartments now when my

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client when he bought this project when he bought this building uh there was illegal

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the previous owner had constructed to had constructed these basement apartments

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and uh my client when he got the building uh he didn't rent it out so it's empty

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right now but he has let me turn it around adjust the picture this is the rear of the building

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and these are pretty large egress windows but uh and you'll see that there are four windows here

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So, but that's the rear of the entire building, and it's sufficient to park actually eight cars in this lot behind this, what we're looking at.

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This is, let me rotate this.

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This is a pretty sparse street, but parking is not going to be an issue with this particular

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of a project now on to pictures of the unit or the two units again these were pre -constructed

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uh they were constructed before my client actually obtained possession and ownership

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but this is the rear and this is where there would be the method of egress it's a pretty large

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windows. This is for the other unit right here, the other bedroom, further pictures.

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No.

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Let me turn this around.

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One thing, again, that's important is that this building does support the size of this

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particular project.

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And again, this, for some reason, it wasn't remapped on this side of the street of Upsil, but it is, if it was an RM1, which is right across the street, we wouldn't even be here.

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It would be, the lot size fits this.

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So there's full support by the community.

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It won't increase any congestion because of the parking.

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Parking is pretty sparse on the block anyway, even if there wasn't parking there.

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And we would ask that in light of the support of the community and the fact that this project does support the proposed use, that this variance be granted.

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and i'd also like to know i'd also like to uh note that the owner of the property is here

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michael feinberg he's also here as well i'd like to know you want to have your client adopt your

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testimony yes sir let him raise his hand mr feinberg you can unmute yourself and speak

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good afternoon sir please identify yourself with the record first and last name spell your name

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good afternoon michael feinberg m -i -c -h -a -e -l f -e -i -n -b -e -r -g

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

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yes sir thank you mr harris yes mr feinberg did you hear the testimony uh in the representations

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that i've made to the zoning board yes i did and do you adopt those as if you testified

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to that in full yes i do okay is there anything else you want to add and let them know about the

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project that i'm i believe that you covered it adequately okay okay thank you questions from the

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board no no no anyone else would like to testify in this case if so please raise your hand chair

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we have charles richardson mr richardson you can unmute yourself

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good afternoon mr chair hi you're still under just identify yourself you're still under oath

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i actually didn't speak today so you have to swear i'm sorry i'm thinking of folks i apologize

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all right please okay charles richardson from the office of councilwoman cindy bass room 312

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City Hall. We're a firm to tell the truth, the whole truth, nothing but the truth? I do. Please proceed. The councilwoman recognizes that the RCO did send a letter of support for this property, but she can't support an illegal conversion that was done without permits, and it leaves her uncertain of the safety aspect of the property. So she is opposing the granting of the variance.

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you anyone else

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mr richardson i was conflating uh my conversation i had earlier about the mix -up i caused this

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morning on worcester street i think you were involved with that yes sir we appreciate your

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uh you're you're correcting the situation i apologize to everyone okay uh anyone else to

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testify if there is time to thank you planning commission yes i'm sorry ron bednar city planning

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property is indicated for residential use on the city plan our adopted district plan fully

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supported multi -family density at this location we recommend the request of variances i i think

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You fade it off. You recommend. We recommend that the requested variance be granted.

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Thank you. Someone was trying to speak. Yes, I just wanted to just briefly, Jermaine Harris,

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counsel for the applicant. I just wanted to briefly address the councilman's concerns,

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and it's a very legitimate concern. I would note that even this would just be the first step

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of if this zoning is granted, there would have to be a certificate of occupancy that would have

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to be obtained. And that will require extensive inspections through LNI before they would give

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the certificate of occupancy before it can be used for living. So we would just submit that

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So we would just submit that even though there was no legal conversion, not due to my client's fault, and he is doing the right thing by keeping it vacant, which he has been doing for the past year, that there will be a check, so to speak.

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even though

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There will be a checks and balances to make sure that this conversion was safe before that certificate of occupancy is given by the city, by L &I.

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Okay, thank you. MI 2020 -000792 -397 East Upsall Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you. And the next case, two cases, they're both from Overhill, right?

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We're calling them together. Calendar number 2474 -5319 -Angora -Tarris and 5320 -Angora -Tarris.

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The attorney for both is Mia Mulvihill.

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

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Thank you, Mr.

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Okay. Thanks, Mr. Chair.

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Mr. Mulvihill, can you put your name and address on the record and spell your last name, please?

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Yes. Leo Mulvihill, M -U -L, D as in Victor, I -H -I -L -L, address 213 Green Street, 1st floor, Philadelphia, 19123.

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

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No.

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

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photos and or 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. All right so good afternoon members

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of the board. Leo Mulvihill here on behalf of City Black Block Acquisition 7 and 8. Principal

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is Alan Burrowich. I believe he may be on the line. In any case we're here today for two new

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three family dwellings in RTA District. We've been on this block before for some other projects

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where we were doing two family dwellings when this block was previously zoned differently.

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What we're looking at now is for development of vacant lots, and we have full support from

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Southwest Philadelphia District Services. Now, just for purposes of the record, I have my zoning

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packet here. The refusal appeal and project information forms are at page one. Zoning maps

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are at page 13. Angora Terrace is just basically a block south of Baltimore Avenue and West

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Philadelphia. The deeds are at page 14. My client's activity licenses are at 27. Tax clearance

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information is at 29. Our zoning notification letter and proof of mailing is at 32. Our RCO

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letter of support from Southwest Philadelphia District Services is at 34. I have photographs

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of the properties at 36 and plans at 57. So members of the board, what we have here on my

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screen. Let me just adjust this real quick. We received refusals in this because we're asking

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for a three -family dwelling in this district. RTI generally allows for two. We received refusal for

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attached, which is interesting because this is basically a district that's made of twin homes,

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so we received a refusal for that as well. But we're proposing to basically fill in two twins

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that currently don't have their other better half.

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And then number of parking spaces.

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Because we're proposing three dwelling units,

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we are required to provide all free parking.

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It's simply impossible on this block,

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and that's our hardship there,

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simply because of the size, shape, dimension of the block.

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This is the refusal at page nine

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for the other property at 5320, Sam refusels.

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What I'm showing now is page 13 by zoning packet.

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These are the area zoning maps for the property. I'm going to zoom in to the, ooh, there we go.

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It's the utmost one first. This is taken from the Philadelphia Atlas site.

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Indicated in blue is the 5320 parcel. Up here is the 5319 parcel.

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Both of those are vacant. And you'll see when I get to the photographs, this is a block.

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It's pretty unique Angora Terrace, twin family homes.

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And essentially they were built to be two units each when they were originally built.

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this area was recently mapped. I believe it did used to be RSA 5 or RSA 3. You can see in the

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immediate area we also have commercial zoning along Baltimore Avenue along with RM 1 and some

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larger CMX 2 zoning right around the corner. This is the overhead zoning map. You can see our empty

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lot here indicated by the blue pin. This is 5320. To the north here next to the parking lot, this is 5319.

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so my client's deed at page 14 for the property 5319

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and 5320 for my apologies there we go this is our commercial activity license for city block

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There we go. This is our commercial activity license for City Block Acquisition 7 and for 8.

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acquisition

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Again, the tax clearance was not working for whatever reason.

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The application is throwing an error, but I did get proof that all the taxes are paid to date for both the properties.

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This is my zoning notification letter that went out March 9, 2021.

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This is a letter from Southwest Philadelphia District Services.

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Indicating that Southwest Philadelphia District Services supports the community and support

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of this application as proposed to the erection of attached building for uses three units.

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This is the letter of explanation of the vote.

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There were four meeting attendants in support.

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One, the member of Earth Keepers RCO is in opposition.

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These are photographs of the property, the posting, including their refusals.

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This is the 19 property. As you can see, these are the twin homes that we were talking about.

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They were built with two separate entrances essentially to be used for one unit in the

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bottom, one unit up here. We're just going to be doing the fill -in and be matching this twin,

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and we'll show you when we get to those plans what I'm talking about there.

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We're going to do a 360 of the block. You can look first eastbound, S directly across the street at 20, westbound, and back north to 19.

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This is the 20 property. That's the adjacent property next door.

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And there's our 360.

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we do not own this lot our lot has been maintained

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zoom out so members of the board this here is the zoning plan for 5319 the one for 5320 is

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pretty similar essentially what we're looking at is a three -story structure not to exceed

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38 feet we are going to be matching about the similar height of the building to jason at the

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second story and then we ask for a setback and a third story on top to accommodate that third unit

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Here's the setback for the unit C, which is the third unit to the top.

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Unit A goes into the basement, which is basically a common open area.

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Then there's a bedroom on the ground floor. Unit B is going to have two bedrooms. Unit C is going

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to have two bedrooms. This is the overall massing of the structure, which is actually a little bit

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smaller than the adjacent existing structures. 5319 next to 5321. We do match the setbacks in the

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front and i'll go to the next page now here's 5320 similar idea again here are cross -section

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elevations essentially the same members of the board perspective shown for reference and then

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just so we see how that kind of mixes in we're matching the roof and paracut lines of the

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adjacent properties of the second story it is a little bit more modern in appearance but that's

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just due to the design and materials

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and construction methods today.

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Just noting again, the property itself is about 20 feet wide.

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We're matching the setback of 5322 Angora Terrace.

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And we're not extending even as far back

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as the property at 5322.

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So there's a substantial yard.

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As you can see, members of the board,

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there's simply no way to put off street parking

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on these properties.

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None of the adjacent properties have them.

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And if we were to propose all street parking, he would simply take away from legal on -street parking on that block, which is simply unfair to the existing neighbors.

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This is another just proposed rendering, schematic, just showing the materials.

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This is not a roof deck, members of the board. This is just a setback, and this will be a Juliet balcony.

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and this is just another rendering of the property we're just showing 5320 5319 is

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identical it's just flipped based on the location of the property

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that's shown in the site in the z plans that i showed earlier

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going down to the floor plan which is page 62 all starting at the right

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As I stated before, it's an unfinished basement. It's about 854 square feet. It's going to be used for storage, mechanicals, washer, dryer. There's a heat rest window in the front.

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As you were to walk up the stairs into the main unit, you'd hang a left. As you get into unit A, which is about 1 ,600, 1 ,700 square feet.

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living room in the front, kitchen in the middle, powder and a large bathroom behind the kitchen,

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large walk -in closet, then a large bedroom to the rear, which opens up into that rear yard.

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bedroom to the rear which opens up into that rear yard meters are tucked away by the way in the

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front area in that alcove that you all saw in the design that when i showed the renderings

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going that in if you were to go up the stairs into the tan area which is the common area into this

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kind of turquoise area this is unit b it's 887 square feet living in the front kitchen in the

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middle behind that's the bathroom decent sized closet with mechanicals washer dryer and then

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and two bedrooms, both a substantial size.

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Unit C is a little bit smaller than unit B.

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It's about 772 square feet, living in the front,

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kitchen, laundry, bathroom, bedroom one, bedroom two,

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decent sized walk -in closet for bedroom number one.

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Members of the board, essentially with this new construction,

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we're looking to bring units that would be more affordable

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than if we were to have two simply two family dwellings here on this location we took their

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careful consideration into the design to ensure that we'd be matching while we can't match

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exclusively and explicitly the facades and the style of the existing homes at least pay homage

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to them in terms of overall height design elements including matching the roof lines and

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existing parapet walls that are there and then pulling our third story back again to reduce that

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massing from the street so that it doesn't look too overpowering compared to the existing

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structures that are there on the property. Members of the board, with the support of

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Southwest Philadelphia District Services, we'd ask you to approve this project. I'd just like

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to see if my client Alan Borowich is on the line and if he is asking to unmute.

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Mr. Borovitch, you may unmute yourself and speak now.

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

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Yes, Alan Borovitch, A -L -L -E -N -B -O -R -O -V like Victor, I -C -H.

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

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Yes.

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Thank you, Mr. Mulvihill.

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Now, Alan, you've heard my testimony today?

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Yes, I have.

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Is there anything you'd like to add to my testimony in this matter?

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no okay just a couple questions for you with respect to this block angora terrace are you

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familiar with it yes and how is it that you're familiar with this block um i i developed two

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duplexes or rehab two duplexes on the block and is it fair to say you do a substantial amount of

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work in west philadelphia yes all right uh do you have any other thing anything else you'd like to

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add at this time for the members of the zoning board to consider no all right thank you members

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of the board let the record also reflect there were two letters of non -opposition from council

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woman got to a one for each property uh questions from the board no no anyone else would like to

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testify in this case please raise your hand here we have a minister enoch mr enoch you're gonna

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Meet yourself and speak now.

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Greetings.

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Please spell your last name.

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A -M -E -N -R -A -L.

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R -A hyphen E -L.

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Do you swear to the truth, nothing but the truth?

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Affirm.

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Excuse me, Chair.

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This is the court reporter.

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Could the witness please spell his name?

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I did not get it cleanly.

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Name is spelled Enoch, E -N -O -C -H, Amen, E -N -E -N, Ra, R -A, hyphen, E -L.

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John, did you get that?

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Yes, sir.

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Thank you.

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Thank you.

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You swear, affirm, sir, to tell the truth, the whole truth, nothing but the truth?

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Affirm.

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Mr. Enoch, it sounds like you may have two devices on.

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You need to shut one off.

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I only have one device on and I'm coming clear now.

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Now you are.

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Yes.

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You swear affirm to tell the truth, the whole truth, nothing but the truth.

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I affirm.

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Thank you.

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Please proceed.

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Good afternoon, members of the chair.

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The situation here, as it was indicated a couple of minutes ago, Earth Keepers was in

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opposition of this

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proposed project for the

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following reasons. Pursuant

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to the meeting, the RCO meeting that

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was held on March

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the 17th,

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there was only,

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if I'm understanding, four

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neighbors that was online.

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Leo, on the

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recorded line, indicated

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that he had problems with his

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that he had problems with his mailing, and he asked those residents on the call whether or not that they received any notifications in reference to the zoning meeting.

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mailing, and he asked those residents

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on

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I don't know.

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Out of the four residents, only one indicated that they have received the notice.

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I immediately opposed the project pursuant to the zoning code, where as though the neighbors of that property have to be notified in order for any proposed project of this magnitude be erected.

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I personally went out to the neighbors on March the 20th and knocked on 15 doors.

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And out of the 15 residents, neither one of them had a clue of this proposed project.

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I sent several notifications to the RCO, which is Southwest District, indicating that this particular RCO meeting needs to be rescheduled so that the neighbors can have an opportunity to hear and be heard in order for them to make a good decision.

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So at that particular point, it would be a violation of the code to proceed to allow this to developer, regardless of how much work he's done in the community, each particular property is individually different.

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So it would be an injustice on the neighbor's behalf of having something like this built without the community not knowing.

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as as attorney for the record indicated there was only four online out of the four only one

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knew about the meeting so i don't understand how over about a hundred residents on that particular

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block didn't get notified so at this point we are in opposition the community don't know what's going

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on. So I don't see how we can proceed. And if we do proceed, and the ZEBA grants this,

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then there's no need for any laws anymore. There's no need. And there's no need for RCOs anymore.

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And as RCOs, as Earth Keepers, my job is not to harass a developer. It is simply here for one

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reason, one reason only, to be a registered community organization. And that is to bring

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these notifications of zoning issues to the community and let them vote yay and nay.

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And in this instant matter, it is not the case.

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So therefore, this case should be rescheduled and go back to the RCO meeting so that the

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neighbors can be notified and let them take a vote and then come back for the NBA.

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And with that, I'll forward the mic.

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I have a question.

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When were you made aware of the meeting?

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I was made aware of the meeting through your normal procedure through email.

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So we were online at the RCO meeting on the 17th.

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Are you suggesting that the posting was not adequate for the neighbors on that block to see that poster?

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No, that particular block is a unique block.

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It's not like a standard block.

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It is long and it's narrow in shape.

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It is very long.

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There's a lot of homeowners on there.

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There's a lot of senior citizens on that block.

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According to the actual ZBA code, I think it's L &I code, there's a mailing that takes place.

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And Leo did present a certificate of mailing.

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And he showed even a certificate that he's displaying now.

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However, on a recorded line, he asked the question to those four residents,

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Did you get my mailing? And only one out of the four said yes. The other three, other two didn't respond. The other one indicated they did not receive it. So therefore, they wasn't notified. And the response from the RCO was because the developer has been in that neighborhood previous years, they're tired of coming to the meetings. All that's been, all that is recorded.

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Well, if it was a proper posting, people will receive mail if they decide not to go because they're tired of going, that's their decision.

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The Southwest Philadelphia District Services, is that the coordinating RCO?

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That was the coordinating RCO, but as I indicated, Chairman, none of those residents are aware of this meeting today, nor they're aware of the building being erected.

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if you sir no disrespect you said you went around and knocked on about a hundred doors

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did you not tell any of those did you not tell any of those people about this hearing today

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no I did not tell them about the hearing because that wasn't my that wasn't my responsibility as

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the RCO I wanted to follow back and confirm to see if whether or not they were aware of the RCO

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okay to see if whether or not they were aware of the rco meeting that was it

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but by going to their houses you made them aware of this correct

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no not not at the zba hearing i made them aware my question was was you aware of the

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hearing that was scheduled on march the 17th reference to the property being um erected and

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The answer is no.

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I understand.

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Getting a lot of feedback here.

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Anyone else to testify in this case?

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Karen, we have a Jihad Ali.

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Mr. or Ms. Ali, you can unmute yourself and speak.

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Mr. Ali, please spell your first and last name, and I'll swear you in.

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Jihad, J -I -H -A -D, Ali, A -L -I.

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My address is 5213 Willin Avenue.

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I'm a member of Southwest Philadelphia District Services.

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And I'm here to represent the organization.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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So we did have the meeting as a coordinating RCO.

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Mr. Mulvihill, who acknowledges that I was there, he did make a comment that he went around and let the people know.

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And he did supply his notices that he did this mailings.

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There was a block captain from the neighborhood was there.

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There were two neighbors within 250 feet of the property that were there that supported the project.

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And then, as the other RCO testified, that is a unique block.

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That block is over 1 ,000 linear feet long, where every other block around that neighborhood is about 250 feet long.

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And in addition, over 200 parcels, 200 buildings on that block, each building was built as a duplex.

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We support the project.

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We think the developer did everything.

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I think Phil is always an attorney, followed all other areas of the law, and we support this project.

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Thank you very much.

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Anyone else to testify in this case?

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Chair, we have a Ms. Aminata.

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Ms. Aminata, you can unmute yourself and speak.

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Good afternoon, ma 'am.

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Please identify yourself, spell your first and last name.

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I'm Nasa.

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A, M as in Mary.

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I as in Igdu.

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N as in Nancy.

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A as in Apple.

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T as in Thomas, A as in Apple, last name is Davis, B as in Dog, A as in Apple, B as in Victor, I as in Igloo, S as in Span.

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Was the court reporter, John, were you able to get that?

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Yes, Chair, thank you.

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Thank you. Ma 'am, do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Please proceed.

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so the only issue i have is i live on the block and there's definitely a huge parking issue

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i mean really um especially when school is in session because across the street you cannot

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park between 7 and 4 30 p .m um and again you know it is a unique block with the whole block

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being duplexes and whatnot so you know you're you're driving around the block multiple times

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and it's a one -way street so it's just unfortunate that there is no you know um remedy to that and

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and mr leo said he mentioned the parking lot but it's not a parking lot next to that building

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that's a schoolyard so i just wanted to make sure that's definitely not a parking lot there is

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you know it's and even on the up the top of the block you know you you can't park there so

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i mean we i think everybody probably wants you know the value to improve um it's just challenging

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because of the number of residents and and and automobiles on this block and it's one way and

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the block gets blocked up you know for two blocks and you end up backing out of the block to get

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out of the block because whatever furniture delivery or something like that is happening

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down the block so I mean it's kind of a it's a double -edged sword you know you want something

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to happen you want progression progress but it's a nightmare when you have to bring something in

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your house and I don't I live across the street from the school and I still have trouble with

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parking even though there's no homes across even after hours you know what I mean so I don't

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necessarily think that's the call of the developer but it was definitely maybe just built in a time

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where most people didn't have automobiles because now it's just a huge issue not to mention there's a

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lot of issues on the spot but that's a big one so to add three more developments i doubt anybody's

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going to say well we're going to sign a pledge not to have a car i'm just good thank you very

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much anyone else to testify chair we have a miss sharice sharice you can unmute yourself and speak

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Hi, my name is Sharice Hargis.

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Hi, my name is Sharice Hargis.

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My last name is...

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My last name is...

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Please spell your full name, first and last name.

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Please, please.

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S -H -A -R -I -E -C -E -H -A -R -G -U -S -T.

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Your address?

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Hello?

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Hello.

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Yeah, you lost your address.

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5442 Angora Terrace.

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You swear to affirm to tell the truth, the whole truth, nothing but the truth?

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yes thank you ma 'am please proceed um i just wanted to add that this is the first time that

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i was notified about this somebody put a letter outside my door today i wasn't aware of any

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meetings so to what the other guy was saying i wasn't aware otherwise i would have went because

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i went through the same process as well and i agree with the other young lady that there is a

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problem with parking um i don't necessarily have a problem with a multi -family unit since that's

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the type of block that this is but three would definitely be a stretch given that everybody else

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already have problems with parking thank you anyone else to testify

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there are no heads at this time chair thank you planning commission

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uh ron bednar city planning property is indicated for residential on the city plan

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given the site configuration we have no objection to the branding of the variance

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thank you mi 2020 -002474 5319 angora terrace and mi 2020 -002473

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three five three two zero angora terrace my vote is yes on both my vote is yes on both

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yes to both yes to both thank you members of the board have a good evening you do likewise

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i believe that completes the 3 30 list have i left anything out uh no chair that appears to

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be everything um if i could i just wanted to mention on record um um my sincerest condolences

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to uh the previous council president anna verner to all i will let i will express that to her family

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thank you okay uh folks i think that's everything i appreciate all the work and again i apologize

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for the mix -up i created earlier uh and thank you especially to the folks behind the scenes who

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make this day possible everybody stay safe and have a great weekend you too

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thank you good night thank you everyone

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Permits on this parcel