civus
Hearing video

ZBA Hearing - April 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 21, 20218h 28m

Good morning. My name is Carol Tenere and I'm the, today I'm the, yes, Carol, can you

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give me three minutes? We're allowing people to come into the room at this present time.

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So give me three minutes before you start.

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Got it.

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Thank you.

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Thank you.

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sure we can be with Kim. Okay. Good morning. My name is Carol Tenere and I'm the Vice Chair of

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the Zoning Board of Adjustment. I will be the Acting Chair today. I'll be participating in

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today's hearing along with Board Secretary Confessor Plaza and Board Members Thomas

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Holloman and James Snell. Board Administrator Lakeisha Dandy and Tanya Sonkett are also present.

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Our attorney, Sharon Saleta, is 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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This is available to the public and on the web and otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine, then star six to unmute yourself.

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And I'll repeat that. For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine, then star six to unmute yourself.

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To enter an appearance statement, call 267-270-5548.

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That's 267-270-5548.

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And leave your email address and address of the property at issue.

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Fourth, the question and answer box is not for testimony.

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Any comments are to be directed to Ms. Tanya Sunkett or Ms. Lakeisha Dandy.

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Are there any continuances?

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If there are requests for continuances, please raise your hand.

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Excuse me, Madam Vice Chair, the number one is being on your list is being continued.

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Okay, calendar number 3265 1224 Herbert Street. This case is continued.

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If there's anyone who disagrees with that, please raise their hand.

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No hands at this time.

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Madam Vice Chair, we also yesterday received a request from attorney Michael Lambert.

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He was requesting that number six on your list be continued.

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I advise Mr. Lambert that since this is the forced listing that he should appear and request the continuance.

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Could we check to see if he is present?

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Is Mr. Lambert present?

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Mr. Lambert you can unmute yourself okay hi folks can you hear me yes I can definitely hear you

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can you put your name on the record please and then I'll swear you in yes madam vice chair

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Yes, Madam Vice Chair. Thank you so much. My name is Michael Lambert,

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thank you so much my name is Michael Lambert ID number

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ID number 88422. I'm here on behalf of 1224 Herbert Street.

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it

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Okay, and this is the fourth listing. Can you explain anything about this?

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Yes, briefly. My client has had LLI issues that she's been trying to resolve. They're not that,

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They're minor issues, but due to the COVID situation over the last year, she has been having difficulties getting everything done, getting people out.

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Things are doing a lot better at this particular moment, but we just ask this board to get this final continuous and give us extensive time if the courts want to do that so that my client can resolve this issue.

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because COVID has significantly slowed her down over the last year in terms of getting the matter

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resolved as well as getting LNI out there to take a look at it and that's her that's her issue thank

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you um you know I I hear you but there are no exhibits it's a fourth listing there are many

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people who have been able to get their things in order I'm gonna vote to dismiss the case

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Dismissed.

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Dismissed.

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Dismissed.

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I understand.

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I thank you for your time and patience, folks.

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Please have a great day. Thank you so much, Mr. Lambert.

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Thank you. Be safe, ma'am.

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Excuse me, Madam Chair, Vice Chair.

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This is Sharon again.

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There was one other case that should have been read

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as a continuance.

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Number five. Yes, please.

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Calendar number

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1959, 2408 North 31st Street. This case is continued.

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No more hands, Chair. Okay. Are there any additional requests for continuances or

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withdrawals? If there are, please raise your hand.

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no hands at this time oh um one second i have a call-in user

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call-in user you can unmute yourself

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

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Yes, Adrienne Fernandez, Swamp Middle Neighborhood Process Association, RCL.

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

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And are you requesting a continuance?

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Yes, I swear to tell the truth.

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And I have a question.

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I was confused about whether 2646 North 17th Street was dismissed.

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Also, was the same with the address?

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Okay, it wasn't clear on that. So 2646 North 17th is also dismissed?

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I don't know what also is, but it is dismissed.

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Okay, there were two addresses read with one applicant. Thank you very much.

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I'm sorry, Madam Chair, I could just request too that we just make sure we get the spelling

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of the last name. That would be very helpful. Thank you.

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And Madam Chair, this is Sharon again. In case you'd like to call this, sorry,

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In case someone is waiting for this one, number six, 2646 North, oh, I'm sorry, where was I?

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Number seven, rather, 2709 West Allegheny Avenue.

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Okay.

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This is the fourth listing.

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There are no exhibits.

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The original attorney on this matter was Rich DeMarco.

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I emailed him yesterday.

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He is no longer representing this, this applicant, but you might want to call it to see if the applicant or someone representing him or her is here.

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Thank you.

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Calendar number 0723-2709 West Allegheny Avenue.

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I guess it's apartment one, number one.

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Is there anyone here on this case?

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here i have a hand i'm not sure they're with this case one second okay

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miss carter you can unmute yourself um are you speaking towards this case

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no i'm not thank you

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okay no hands for that case no hands okay so i will

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start the hearings calendar number 33 I didn't know if Ms. Carter wanted to do a continuance

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calendar number 334. I didn't know if Ms. Carter wanted to do a continuance. I thought you were

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still on that case. Excuse me, Madam Chair, were you going to dismiss Allegheny Avenue or make a

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decision on whether it could be continued a fifth time or fourth time? Do you know what? I was

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waiting. I was waiting to see if there was anybody else. There's no one here for that case. Is that

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correct no hands yes no hands okay that case is dismissed calendar number 07232709 west

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allegheny avenue number one dismissed dismissed dismissed dismissed thank you okay and miss

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Ms. Carter, are you here to request a continuance?

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Ms. Carter, you have to unmute yourself.

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we can go forward here okay calendar number three three four one twelve thirty seven south 19th

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street. The applicant is Shanita Hadley and no hands at this time chair. Oh, one second.

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there she is miss hadley yes hi hi are you able to hear me i can hear you can you put your name

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and address on the record and please spell your last name shanita hadley h-a-d-l-e-y

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Address is my personal address or the address for the zoners?

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Your personal address.

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My personal address is 1946 South 23rd Street, Philadelphia, PA, 19145.

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Thank you.

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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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Have you emailed the exhibit packet with the required documents consisting of proof of ownership,

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

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this hearing and have you met with the rco and do you have a letter yes i do everything was submitted

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okay you may proceed

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Ms. Hadley, you can begin

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to present your case

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Oh, sorry

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Yes, hi, so my name is

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Shanita Hadley, I am presenting

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a case in front of you guys

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Can I ask you a question

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and ask a question?

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Yes

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Ms. Hadley, are you calling on the telephone?

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I am. I'm actually on my laptop. I've been on my laptop since this morning. I have no idea. I tried different browsers, but my audio is not working on my laptop.

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Okay, no problem. So that means we won't have exhibits here. Thank you, Ms. Hatton.

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okay sorry about that so i am presenting a case i submitted everything um i want to say maybe 10

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days prior to it was built it was between five no it was between seven and ten days party so

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everything was due i submitted everything i cc like the supervisors that was supposed to be

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attached in the email. But anywho, I am presenting my case.

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I own the property on 1237 South 19th Street. It's currently

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a single family home and I am presenting

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a VBA variances where I would like to

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convert it into a multi-family dwelling, a tri-place.

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I have my plans already drilled.

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What is on either side, on each side of

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your house? Are they single family, multifamily? Excuse me, this is Sharon. I'm sorry to interrupt,

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but in case the board would like to see the photos and other exhibits, I did just email

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them to you since the applicant isn't able to share them. Oh, great. Thank you, Sharon.

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you're welcome what's on what's on the right and left um side of the property are

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What's on the right and left side of the property are single-family homes.

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Okay, what is on the rest of the block?

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On the rest of the block, on the corner of 19th and Wharton, there are a multifamily dwelling.

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There's also a multifamily dwelling on 19th and Cedar Room, which is on the other end of the corner.

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But throughout the block, there are single-family homes.

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What's the square footage on each of the apartments?

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The square footage, I don't have that offhand of each of the apartments.

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I did have the full square footage of the house, which was approximately 1700 square

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feet.

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So you did meet with the RCO?

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Yes, I did, and I did get their approval.

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Okay, I know there's also, is there anyone here who would like to speak on this case?

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If so, please raise your hand.

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Yes, Chair. I have Ms. Gamble.

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hi miss gamble hi hi can you put your name and address on the record please and spell your last

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name yes this is petra gamble last name is spelled g as in game a as in apple m as in man b as in boy

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l e my address is 2305 federal street okay do you swear or affirm to tell the whole truth and

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nothing about the truth yes i do okay and you i think you represent the rco yes i do okay

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you can proceed okay i just wanted to put on record that we the rco voted and we had a three

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to two in support of the of this property but the community also voted and they were

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not in support of this property uh in a vote of one to two so one person was in support two were

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opposed boy does the board have any questions no no is there anyone else here who would like to

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speak on this case no more hands at this time chair okay planning commission

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Good morning, Vice Chair Tanari. How are you doing?

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Hi, good. How are you?

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Ian Hegarty with the Philadelphia City Planning Commission, I-A-N-H-E-G-A-R-T-Y.

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

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I do.

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Okay.

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Madam Chair, for this case, the comprehensive plan recommends no change to the existing

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single-family zoning at this location, which covers the whole block and has been in place

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for many decades we just don't feel the applicant's hardship claim is supported by any evidence of

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unique physical conditions the lot is a regular shaped lot next to other single family homes

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and so the city planning commission would recommend that the board deny this variance

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thank you calendar number 3341-1237 south 19th street my vote is no

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My vote is no. My vote is no. My vote is no. Thank you.

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Calendar number 3354, 1611 West Gerrard Avenue. The attorney is Meredith Verliger.

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we have darwin coming in as a panelist okay

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good morning madam chair this is darwin beauvais uh believe it or not it will be me

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oh well we are so lucky we are so lucky can you put your name uh an address on the record and

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spell your last name, please, and then I'll swear you in. Darwin Bovey, Darwin, D-A-R-W-I-N,

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B-E-A-U-V-A-I-S, counsel for the applicant. I'm at 1500 Market Street at Dilworth Paxson.

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At this time, I will also ask, I believe there's Omri Shiet and Frank Renner from

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uh shiet and frank renner from g and r realty if they could be identified as well

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I don't know.

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okay first do you swear for him to tell the whole truth and nothing about the truth

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i always do madam chair so yes okay do you agree to waive the reading of the refusal and stipulate

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to its accuracy yes have you emailed the exhibit packet with proof of ownership tax compliance

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refusal referral photos and or 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 uh yes to everything and we made several

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attempts to meet with the rco to which i can i can explain as part of my presentation but uh

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but I assure you the council member's office was also made aware of the snafu as well.

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Okay, excuse me, this is Sharon. We also did, Ms. Ferlinger did communicate that to us,

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that there were several attempts to schedule an RCO meeting that she was requesting to go forward.

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