civus
Hearing video

ZBA Hearing - March 15, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 15, 20222h 45m

Thank you.

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okay we are at 40 attendees you can begin anytime you wish good morning everyone my name is bill

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bergman and i will be chairing this morning zba hearings with me is ismail shaheed our board

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Secretary. Here, Mr. Chair. Thomas Holliman, our board member. Present, Mr. Chairman. And James

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Snell, our board member. Present, Mr. Chairman. Also here, our Executive Director, Tanya Sunkett,

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and our board attorney, Sharon Saleta. Before we begin, here is our virtual format. Be advised,

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these proceedings are being recorded. By participating, you acknowledge your agreement

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to be recorded. A video will be available by contacting the Executive Director,

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TanyaSunkett, at phila.gov. For the benefit of our court sonographer, we ask attorneys and

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witnesses to identify themselves before testifying. If you are participating by phone,

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and if you wish to testify, please press star nine to raise your hand and star six to unmute.

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To enter an appearance statement, call 267-270-5548. Leave your email and the address

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of the property in question. And lastly, please note the question answer box on the screen is

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not for testimony or comments. Any comments should be referred to the Executive Director,

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Tanya Sunkett. So let's look at our continuances for the day. Number two, MI 2021-005158109 Green

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Lane. And number five, MI 2021-003-722-1901 Westmoreland Street. That's the request of the

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City Planning Commission for design review. Anyone have any comments or statements on those two cases?

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no hands chair thank you um anyone else have a continuance to request

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no hands chair thank you we also have a withdrawal mi 2021 0 0 5 0 7 2 10 14 north 64 street that's

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withdrawn by the applicant. Is there anyone has any comments

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relative to with withdrawal?

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No handshare. Any other requests for withdrawal?

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No handshare. Thank you. Our first case of the day is number

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three, MI 2021-005-163-1322 North Hancock Street, RCO letter in support, South Kensington Community

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Partners, Rachel Pritzker, the attorney. And Brandon is coming in now as the panelist.

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Good morning, Brandon. Good morning. State your name and spell for the court reporter, please.

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Sure. It's Brandon Saverin, spelled B-R-A-N-D-O-N, S as in Sam, A, V as in Victor, R-A-N.

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

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Yes, I do.

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Mr. Holloman has a few questions.

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Good morning, Counselor. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes, I do.

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according to our records you have submitted all of the required documents is that correct

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yes please proceed thank you okay may i share my screen mr chair yes thank you excuse me this is

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Excuse me, this is Sharon. Mr. Saverin, have you identified who your client is and what their relationship to the property is?

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Sharon, Mr. Saverin, have you identified who your client is?

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Sure. Ms. Saleta, my client is Elizabeth Otero, who is the property owner, as well as Cameron Johnson, who is her son.

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um only miss otero's name is on the deed they live at the property together uh mr johnson

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is here to adopt my testimony because miss otero was uh unable to make the zoom today

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thank you you're welcome so the property in question is 1322 north hancock street which

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is outlined in blue here. This is a through lot between Hancock and Pailthorpe Street in South

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Kensington and is among the largest lots on this block currently. The proposal is to draw essentially

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a line to subdivide this lot into two rectangular lots, one of which will continue to be a through

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lot, and one of which will be a rectangular lot that fronts only Pale Thorpe Street.

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The through lot currently contains Ms. Otero and Mr. Johnson's residence, which I will show you

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in a moment, and that residence will remain in place, and there is no construction proposed for

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the new lot. So this is purely a subdivision request along with the legalization of an existing

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fence, which I'll show in a moment. There is no proposed construction and the intent is for

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Miss Otero to sell the newly created smaller lot as a vacant parcel in order to raise money

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to fund her living as she ages.

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This would basically create a setup

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where someone who purchases that lot

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and wishes to build on it

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would have to comply with the zoning code

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or would have to seek their own variances

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with regard to whatever they want to build.

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Just to give you one more illustration,

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that subdivision again

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would essentially be extending this line

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so it goes back to Pailthorpe.

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so you'd have two lots one here one here uh this is the the uh family's house uh miss otero has

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owned this home since 2001 as you can see it has seen a lot of change since then so she has some

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larger neighbors um so she's right here this is the front on on hancock this is the pale fork side

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where the lot is wider in the back this is the rear of the home this is uh her rear fence and

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essentially i don't know if you can see my cursor but to the right this would become its own lot

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this is our zoning refusal we were refused for two reasons one is because the

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proposed new lot is just shy of what was at the time the required 1440 square foot

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area requirement in the RSA 5 district. The lot would be 1344 square feet. In addition, that fence

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I just showed you is two feet too high per code. There's a four-foot limitation on such fences in

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this district. This is a six-foot fence as opposed to a four-foot fence. The community association,

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The registered, sorry, the coordinating RCO took no issue with that fence.

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And I'll briefly show you their letter here.

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So this is a letter of support with regard to both the subdivision and the legalization of the fence.

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And then this is the meeting summary, which shows a unanimous vote of support with 14 attendees in favor of the subdivision and the legalization of the fence.

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Back to that fence for one moment. So there are other fences of the same height.

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It actually sort of fits a uniform pattern. So the community did not have a problem with that fence remaining in place.

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With regard to the subdivision, just want to make a few quick comments.

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One is that at 1344 square feet, if I go back to Atlas for a moment, the resulting rear, sorry, the resulting new lot right here would actually be the largest lot on its block that is not a through lot.

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So it would be quite large and larger than most others that front Pailthorpe, certainly no smaller than most others that front Pailthorpe.

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certainly no smaller than most others that front Pail Thorpe and the eventual construction of a

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and the

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home here would assist in sort of building out what has become a nice residential block

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on this block of Pail Thorpe where you would have new construction fronting flush to the street much

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like these homes do as opposed to you know sort of where there's been less development up the block

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it's a more sort of staggered situation so this would promote sort of a uniformity of the form of

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a block finally just to point out there was a recent code change and actually in the rsa5

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district the area lot area minimum has since been reduced to 960 square feet i apologize

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it's a little small might be better so we believe that if this zoning application was filed today

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that we would not have been refused for uh the lot area just defense let's see um that is my

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presentation i'm happy to take any questions and i'm also happy to bring on uh miss otero's son

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uh mr johnson to adopt my testimony why don't you bring your client on and adopt the testimony

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thank you um is cameron johnson available

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mr johnson could you state your name is spelled for the court reporter please

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sure thing uh cameron johnson that is spelled c-a-m-e-r-o-n last name is johnson j-o-h-n-s-o-n

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

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i do thank you proceed counsel uh mr johnson did you hear the full extent of my testimony this

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morning yes i did and was it true and accurate yes it was and would you adopt it as your own

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i would and one further question is it true that you are the son of miss otero the property owner

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and that you live on this property yes that is correct okay thank you what questions from the

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board? No, Mr. Chair. No, Mr. Chair. Questions or comments from the virtual audience?

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The no hands, Chair. Planning Commission. Good morning, Chair Bergman and Ian Higert for the

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Philadelphia City Planning Commission. That's spelled H-E-G-A-R-T-Y. Do you swear or affirm to

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tell the truth, the whole truth, and nothing but the truth? Yes, sir. Proceed. Thank you,

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members of the board in 2017 the zoning map was amended at this location from rm1 to rsa5

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in accord with recommendations from the comprehensive plan this proposed lot size

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variance is minimal and does not conflict with the purpose and spirit of the zoning code

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and the proposed fence variance recognizes an existing non-conforming condition city planning

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Commission recommends that the Board grant these variances. Thank you very much. MI 2021-005163-1322

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North Hancock Street, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is here.

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Thank you, Mr. Shabrin.

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Thank you.

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MI 2021-005-022-1726 Memorial Avenue, RCO Centennial Park, letter of support.

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Fern Anastasio.

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morning mr chairman morning could you state your name and spell for the court reporter

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sure verne anastasio a-n-a-s-t-a-s-i-o 1315 walnut street suite 317 philadelphia 19107

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you swear a firm to tell the truth the whole truth nothing but the truth

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I do. Before we start, can you identify your client and who what relationship they have to

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the property? Sure. My client is Mr. Paramir Singh and he is the owner. Thank you very much.

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Mr. Holloman has a few questions for you. Good morning, counselor. Do you agree? Do you agree

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to waive the reading of the refusal and stipulate to this accuracy? I do. According to our records,

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you have submitted all of the required documents is that correct that's correct please proceed

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thank you so this is the property in question uh the one with the green front

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Thank you. So this is the property in question, the one with the green front.

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It is on a block.

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You have to burn. You have to open it up. It's not open.

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It's not open. Yeah. It says I'm sharing. OK, hold on.

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So, Vern, you're sharing, but you were in your files.

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So you need to open the document and then share. Thank you kindly.

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Thank you.

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There we go.

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Everybody see it now?

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Yep, we got it.

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All right, great.

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So this is the property in question, the one with the teal front.

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The application is for use as a four-family dwelling in an existing structure.

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It is zoned RSA 5. Let me walk you through the plans.

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There are no single-family homes to speak of on the block that are occupied and in good shape.

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Here is the first floor plan, as you can see.

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nice ample size one bedroom apartment with a rear yard the yard by the way has out every

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tenant will have access to the rear yard through a shared door with gate and each unit will have

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its own trash bin on wheels that can be easily taken out to the sidewalk

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here's the next level again a nice large ample bedroom up ample apartment with several bedrooms

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and then we've got the next level here with two one bedroom apartments at the top

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The block itself, as I said, is full of multi-families and or abandoned properties that are currently being renovated.

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The block is in transition. There's another four-family. There's another three-family.

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So this is where our property lie. Again, all of these are multi-family homes on this side of the block.

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behind it there are some vacancies some vacant locks but it is up and coming in the area and

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my client would like to be able to breathe new life into it and otherwise

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ignored property for quite some time the last use was in fact multifamily

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we have evidence of that in various meters

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and there's a center stair that runs through the property that would make um it would

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in order for us to have one apartment on the third floor we would have to tear out that center

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stair. It's an original staircase to the property. It's actually, it's pretty, you know,

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in good shape, despite the rest of the property's condition. And we would like to be able to

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maintain that original stair. As a result, we went before the community organization.

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Here's our flyer. Our community meeting was 15th of February. We presented all the facts and the

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evidence. And as a result, Centennial Parkside has given us support of our variance for the

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appeal. And here's our proof of mailing. 90 individual pieces went out to the immediate

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neighbors. And of course, we have our tax certification. This property has a long history

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of multifamily household living. It is literally surrounded by other properties in the same

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condition, three, four, five-bedroom homes. As a result, we respectfully request that this

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appeal be granted so my client can continue the repopulation of a long neglected block

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in Philadelphia. Thank you. Is your client here, Vern? Yes, may I call him up? Can you have

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your testimony adopted, please? Thank you. Mr. Singh, can you please raise your hand and be

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recognized mr singh you may unmute yourself hello hi could you state your name and spell for the

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court reporter yes this is parambir singh first name parambir p-a-r-a-m like michael v like victor

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a m like michael v like victor i r and then my last name is singh s-i-n-g-h right do you swear

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i-r and then

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for him to tell the truth the whole truth and nothing but the truth yes proceed sir thank you

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mr singh did you hear my presentation to the board this morning yes i did is it accurate to

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the best of your knowledge yes and do you adopt it as your own testimony certainly yes thank you

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very much mr chairman questions from the board no mr chairman no mr chairman

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questions or comments from the virtual audience

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

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city planning commission members of the board in 2014 the zoning map was amended from rm1 to rsa5

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in this area and a quarter of the recommendations from the comprehensive plan however the proposed

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use is consistent with multi-family use on several other similar houses on this block face

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as Mr. Anastasio described and with the size of the existing structure city planning commission

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recommends that the board grant this variance thank you MI 2021-005-022-1726 Memorial Avenue

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

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Ismail Shaheed, my vote is yes. Thank you. Thank you.

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MI 2021-004-969-2401 Aramingo Avenue. Melanie Lacey is the attorney, RCO, Old Richmond Civic Association, letter of non-opposition.

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Ms. Lacey is coming back in as a panelist.

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Thank you.

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Good morning, Mr. Chairman, members of the board, Melanie Lacey, M-E-L-A-N-I-E, last name L-A-C-E-Y.

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I'm with Claire Harrison Harvey in Brandsburg, 1835 Market Street, Suite 1400, Philadelphia, PA.

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all right do you swear a firm to tell the truth the whole truth and nothing but the truth

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i do could you before we start could you state who your your client is and what's the relationship

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to the property yes i represent um gsrh wings pa llc which is the applicant and tenant of the

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property thank you mr holliman has a few questions for you good morning counselor do you agree to

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waive the reading of the refusal and stipulate to his accuracy I do according to our records

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you have submitted all of the required documents is that correct that is correct please proceed

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can you see my screen yes wonderful could you make it just a little larger please sure

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perfect perfect okay great so

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Thank you once again. I am accompanied by Hansraj Agrawal, who is a representative of the tenant

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that I just named. And we're here because Wingstop seeks special exception relief to open a new

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location. So the property is located at 2401-259 Aramingo Avenue. And Wingstop received a refusal

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letter or a referral letter rather on September 29th, 2021 due to the fact that ZBA approval is

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required for all restaurant uses in the North Delaware Avenue overlay district. We met with

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