civus
Hearing video

ZBA Hearing - December 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20206h 9m

Yes, you can, Mr. Clinton.

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Yes, sure.

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Is that large enough or do I need to make that larger?

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That's perfect.

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So this is 1301 South Hanson Street, just over the Great Shrory Avenue Bridge in West Philadelphia.

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Some call it Southwest Philadelphia.

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you. This is my table of contents, which contains my exhibits AA through A10. My appearance statement

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and refusal. This area is zoned RSA-3 and refusal says that attached structures

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are prohibited in RSA-3 zone. It was always my understanding that a semi-detached structure

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is permitted in an RSA3 zone, and that's what we're requesting today, and that's what every

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other home on this side of the street is. They're twins, and they're considered semi-detached,

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and I have a lot of photographs to show the board. I do not have a letter, and I'll explain that.

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So this is the block. This is the 1300 block of South Hanson Street. My client

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owns this lot. It's 17 wide by 80. All the lots on this street are that size. But you can see

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that every house on the block is a twin. And in between the homes are four to six feet.

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Here's an aerial view. We're looking east to the city. This is the

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Greats Ferry Avenue Bridge, excuse me, Woodland Street Bridge, and this is the property. Again,

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you can see that the whole block is our twins. This is the lot.

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Our property or our project will be built directly against the existing home at 1303 Hanson Street.

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This is a picture of some of the twins on Greenway Avenue, which is around the corner.

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More photographs of the twins on Hanson Street with a gap in between the properties.

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Again, more perspective and more views of the block.

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So the plans are, this is the existing house.

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Our proposal is to build a three-story property, trying to line up the windows with the house next door,

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double hung windows trying to tie in the cornice line and then have a different material blend on

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the third floor just to give some context to the front elevation we don't have any issues with

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open space with height with rear yard the simple refusal was that a attached home is not permitted

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in rsa3 zone which i indicated the outset i disagree with especially since every property

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on the street is semi-detached. Here's another side perspective, just showing you the rooftop

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deck and a cutaway of the house. This is the floor plan, basement area, first floor, second

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floor will have two bedrooms, and there will be a third bedroom on the third floor with a rooftop

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top deck. Now, to address the lack of a letter, I've met twice with the Southwest Philadelphia

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District Services, and to be frank to the tribunal, they did not like the project.

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They had a number of comments that they didn't want three stories. They didn't want new

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construction per se. They wanted us to mirror what was on the block. We tried to mirror what

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we could in terms of the facade. They thought there were too many bathrooms. So I don't know

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if anyone from Southwest Philadelphia District Services is on the line, but they're certainly

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welcome to speak. But after the two meetings that we had, I explained to the group, I said,

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well, all of your comments are non-zoning related. I said, we're not, you can't regulate the number

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of bathrooms. The height, we're under 38 feet. We have a nice rear yard. We have open space.

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I said, and I understand that you may not like change, but I can't really control that because

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my client is not asking for anything out of the ordinary. So that's the reason there is no letter.

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I've been in contact with Franz Pierre. I believe he's on the call. They explained the situation to

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him um and he may want to he may want to chime in on at the end of the presentation if the board

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doesn't have any questions so i'm basically presenting this as a very very unique situation

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where you have an entire block full of homes that are twins.

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where you have an entire block full

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And we're asking to put up a twin next to a home that is obvious at one time there was a twin here.

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The side of the house is stuccoed.

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So we're asking for its meat to be constructed right here so that it will be consistent with the rest of the block.

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I mean, I don't know that I've ever come before the board without a letter from the community group.

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So this is a really, really unique circumstance for me.

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I want to make sure I'm totally transparent with everybody.

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And I hope someone from Southwest is on the line, that they can respond to what my testimony has been.

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So I'm asking the board to look upon this application kindly because it is a unique physical circumstance.

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Our lot is 17 wide.

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RSA 3 requires an eight-foot, typically, gap between the houses.

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On this street, the gaps between the houses are about six feet.

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If we were to put a four- to six-foot gap here, let's take the true, I guess, literal interpretation of the code.

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If we were to put a four- to six-foot alley here, our house would be 13 feet wide, and it wouldn't make any sense because it's obvious that a home should be attached to this home

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so that then it's consistent with the rest of the block.

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The house will not alter the essential character of the neighborhood.

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My research indicates this lot has been vacant for some time.

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We're not going to disturb anyone's light or air,

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and it's basically in conformity with the code.

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So with that iRESC, I would ask my client to adopt my testimony

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unless there's some questions from the board, which I'll certainly entertain.

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Let's get your client on and then I do have a couple questions.

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Vadim, are you on the call? It would be Vadim Boryshev, B-O-R-I-S-O-V.

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If he could be promoted.

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He's been unmuted. He's able to speak. He has to unmute himself.

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Good evening, sir. Please identify yourself for the record and I'll swear you in.

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Vadim Borisov.

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Spell your first name.

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Mr. Clinton spelled your last name.

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How do you spell your first name?

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V is in Victor, A is in Apple, D is in David, I, M is in Mary.

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And the last name is B is in Boy, O, R, I, S is in Sam, O, V is in Victor.

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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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Vadim, have you heard my testimony throughout this presentation?

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Yes.

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if you had the opportunity to testify would you adopt my testimony as your own and as true and

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correct yes thank you mr chairman mr clinton uh the first the first floor of your recliance

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project is it set back or what where does it begin uh the reason i'm concerned about is the

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consistency of the house most of the house at least next door not blocking it the porch the

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front porch is it set back or is it flush it's going to be flush with the front facade of the

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house next door okay so you're not so if i the house next door you're looking either way in

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either direction uh left or right uh you're not your view won't be blocked correct correct

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i think that's my only question any other questions from the board

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

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no handshare thank you planning commission uh ron bednar city planning do you swear

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and affirm to tell the truth the whole truth nothing but the truth I do thank you Ron please

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proceed this property is indicated for residential use on the city plan given the surrounding

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neighborhood use context we have no objection to the grounding of the variance thank you

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MR MI 2020-001578 1301 Hanson Street my vote is yes my vote is yes my vote is yes

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My vote is yes.

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Thank you, Mr. Chairman, members of the board.

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Thank you.

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You're welcome.

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Calendar number 0200180, West Girard Avenue.

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Zin Jin has been promoted to panelists good evening good evening Mr. Jin I believe you're

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then Jen has been promoted to

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still under oath yes name and address for the record and please spell your last name

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sure Zin Jin Z-H-E-N J-I-N 1617 John F. Kennedy Boulevard suite 1838 Philadelphia PA 19103 here

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on behalf of the applicant. Thank you. Do you agree to waive the reading of the refusal and

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stipulate to its accuracy? I would only say that it's a referral, not a refusal, but we would

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otherwise stipulate. Thank you. And have you emailed the exhibit packet with proof of ownership,

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tax clearance, refusal referral, photos and plans five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter? Yes, to all questions. Thank you. You may

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proceed. Thank you. Good evening. I'm going to go ahead and share with the board the information

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related to this case. So we have submitted the referral, community letter, photos, plans, tax

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compliance, lease, application, PIF, and hearing notice. This is a referral notice because this is

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a CMX commercial mixed-use property. It's essentially a neighborhood shopping center

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was one of the units being the one that we're applying for, for an eating and drinking

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establishment. A special exception is required in this case. The application is for a seafood

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restaurant. We met with the Northern Liberties Neighbors Association, and we provided them

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a dedicated location within the planned restaurant to put refuse. That's one of their main requests,

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because at the center while there are dumpsters they're concerned with the dumpsters becoming

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overflowing with refuse and ask that we have at least some type of interior trash storage plan

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along with the confirmation we will have it picked up seven days a week

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and my client did agree to that and we will make such plans and I'll show the plan where we intend

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to do that. So this is the photograph of the location as you can see it's one of the unit

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spaces it will require full fit out but again the use is very consistent with the area and it would

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only add to the area and would not cause any greater hardship than what is normally associated

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with restaurants in a commercial corridor. The plans show that the space will be laid out with

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seating and a open style kitchen in the back. We have marked out an area on the plan that was

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satisfactory to the community for storage of trash. I'm going to go ahead and zoom in a little bit

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so that the board can more easily see that. So there is actually a parking access entrance in

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the back. The dumpsters are actually in this parking area in one of the corners. So the community

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primarily just want us to have trash cans within the unit so that we're not overflowing. We're

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using just a dumpster for trash. And this is obviously subject to potential change in the

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location within due to health code requirements.

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So we don't necessarily want the plan stamp,

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but we will accept that as a proviso from the board

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that trash would be stored, the applicant would make space

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available within the premises for trash storage

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and that it would be picked up seven days a week.

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With that, the community gave us their support.

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And given that this is a special exception,

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They have raised no other hardship. I believe my client has met the requirements of such

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a application and would ask for the zoning board's favorable adjudication in this case.

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Have your client? Yes, my client is here as well. It's Mr. Lin. So it's Xionghua Lin.

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Maybe you can spell it for us.

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It's X-I-O-N-G space H-U-A, last name L-I-N.

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He might be on a phone number.

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So if he's here, please raise your hand.

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He's been unmuted on our end.

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He has to unmute himself.

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Okay.

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Is the unmute using the phone a particular combination?

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He's not calling from a phone.

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No.

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Mr. Lenny, you have to click unmute on your screen.

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I'll see you next time.

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if it was safe mr jen mr jen your client apparently is having some technical technical

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difficulties as an officer of the court will stipulate your client would be adopting your

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testimony i do thank you any questions from the board no no no would anyone else like to

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testify in this case? If so, please raise your hand.

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I have someone by the last name of Wu. Please unmute yourself.

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Same person, John? It's associated with my client as well.

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All right, so we'll get his full name on the record.

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i see their issues still with the uh unmute unmuting um again i don't want to take up too

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much of the board's time well you again will stipulate that uh you're he would adopt your

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testimony anyone else who wish to testify please raise your hand no other hands share thank you

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planning commission so ron bednar city planning

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this property is uh indicated for neighborhood commercial mixed use on the city plan

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we propose uh the proposal is consistent with the site use context therefore we have no objection to

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the granting a special exception thank you ron mi 2020-000200 180 west gerard avenue my vote is yes

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with proviso commercial trash pickup and trash to be stored inside building my vote is yes with

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proviso yes with proviso yes with proviso thank you calendar number 1205 209 delmar street

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Mr. Whalen has been promoted to panelist

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Mr. Whalen can you please state your name and address for the record?

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Sure.

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Sean Whalen, W-H-A-L-E-N, 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19003.

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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 and stipulate?

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Yes, I do.

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And just to make this clear, this is a continued hearing, so I would continue and reaffirm

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everything that I already agreed to and stipulated to in the first year. Okay, so the exhibit packet

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has been sent in? Yes, correct. There are revised plans, is that correct? Yes, there are revised

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plans that were submitted prior to the original hearing. How many pages? I believe it's just one,

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but let me double check. Excuse me, this is Sharon Saleta. Sarah Alderfer is also in attendance.

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she represents the RCO, if she could perhaps be promoted to.

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And to answer your question, Chairman, two pages are the revised plans. Thank you.

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Good evening, Mr. Chair, members of the board. Sarah Alderfer, S-A-R-A-H-A-L-D-E-R-F-E-R,

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1500 jfk boulevard suite 800 philadelphia i represent uh the coordinating rco ridge park

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civic association and do you swear or affirm to tell the truth the whole truth and nothing but

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the truth i do thank you please proceed um yeah so actually sir i'm going to jump in here be

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before we get just so we get started um chairman uh just to uh give a very quick background i know

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the hour is late I made sure all of my prior witnesses are here in case the board has any

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questions to get caught up again but I just wanted because it's because it's been about

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five and a half weeks I figured I'd give a extremely quick overview of where we were

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where we left off and why we continued. We'll get thank you and Sarah we'll get back to

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as soon as he's done. Thank you. Sure. So I hope that you are seeing my screen now. And again,

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if you have any questions, please let me know. I want to be very quick just to give you some

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background. You know, I know you already heard all this, as did Sarah, I believe you heard all

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of this as well. So I'm not not trying to skip by anybody. This is the project. This is 209

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Del Mar Street, right next to it adjacent is 211 Del Mar Street, two very large deep parcels.

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