civus
Hearing video

ZBA Hearing - April 21, 2021

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

okay and what year did you move into the property 2004 okay and how do you still

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live there today yes sir okay um and all right i just wanted to confirm your address that's it

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no other questions all right um i would like to call mr willie gardner i have a question how long

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has this business not been operating? Since 2014, but this case started in 2015, believe it or not.

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Again, this is Sharon Saleta. And just to again restate that this, the court determined that this

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is a non-conforming use that would be permitted to continue unless it is a nuisance and that's

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the issue that we're considering thank you mr gardner can you put your first and last name on

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the record and then give us your current address yes my name is willie gardner i live at 2101 south

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South 61st Street, Philadelphia, Pennsylvania, 19142-2404.

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Okay.

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And you've lived there since 2015, correct?

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Yes.

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And prior to that, what was your address?

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2101 South 61st Street.

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You had told me that you lived at 6538 Raynard Street?

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Yeah.

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I thought you met both addresses together.

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there. No, no, no, no, no. Because I know that you've lived at the current address for four

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years, but prior to that, you lived a block away from 2008 to 2015, correct? Yes. And when you

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lived at the other address, you were only approximately about a block away from the

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operation of this automotive business, correct? Yes, it's a block away, a block over, yes. Okay,

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great. And during the time you lived there, would you, you've observed this business, you would walk

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by it you would pass by it it was in your community correct yes ma'am it was okay and would you

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consider this this business to have been a nuisance to your community no no no it was a very

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good helpful thing because i mean because like you had a vehicle you could always get your car fixed

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so i don't see any problem with it great so you would support this business reopening correct

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absolutely great that's all i have to ask mr katuzzi i have a question mr uh gardner are you

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a tenant? Yes, sir. Okay. And at the other property you live, the block or so away, you were a tenant

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there also? Yes, I was. Thank you. Mr. Katuzzi? Mr. Gardner, just a few brief questions. How did

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Mr. Gardner, just a few brief questions. How did you find, how did you hear about today's hearing?

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you find, how did you hear about today's...

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Because I live across the street from him and his business is there. The guy who's got this

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petition with the people that's saying his business is not referred to the community. And

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he asked me would I represent him in some kind of, well, this dispute which is going on now. And I

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I say, sure, because he's more of a help to me than any harm.

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So I feel like I should be here to support him.

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Okay. Is he a friend of yours?

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Yeah, you can say that.

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Okay.

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Did you ever observe vehicles being parked on the sidewalk?

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No, not to my knowledge.

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Did you ever see work being done outside on the streets or the sidewalk?

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No. It was indoor business. I never saw it.

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Did he ever talk to you about the fire in the building?

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No.

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Unfortunately, I wasn't around then.

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I might have been probably in the hospital then.

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I wasn't around that much.

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But the fire, when that did occur, I wasn't there.

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Is that because you didn't live in the neighborhood at that point?

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Yeah, I was in the neighborhood.

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Sure.

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So do you remember the fire?

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Do I remember it?

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Yeah.

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The exact day that it happened?

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mm-hmm no i don't remember that because i wasn't exactly in that area on the next block i was but

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i didn't know wasn't aware of it the fire until the next day then i knew okay um have you ever

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seen trash or rubbage being stored throughout strewn or stored throughout the back of the

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property no i've never seen that so you've never seen tires or used vehicle parts engine parts

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strew in throughout the back of the property no okay all right no other questions sure

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when did the fire occur march of 2014 thank you it's in the record so there was extensive

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testimony about the fire in the previous hearings thank you i'm good i have one more

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witness that i would like to call um mitchell can you come up

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hi how are you guys doing today mitchell can you put your full name spelling both your first and

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last name on the record as well as your current address uh my full name is mitchell too it's

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spelled m-i-t-c-h-e-l-l last name is spelled t-u my current address is 2052 south 61st street

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philadelphia pa19142 all right does mitchell need to be sworn in yes sir please i'm sorry

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do you swear or if i'm going to tell the truth the whole truth nothing about the truth

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Yes, sir.

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Okay.

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And your address again?

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It's 2052 South 61st Street.

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You're a homeowner or a tenant?

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I'm a tenant, sir.

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Thank you.

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And that you have lived, this is directly adjacent to the property in question, correct?

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Yes, ma'am.

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Great.

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And you lived there when the automotive, since 2014, but when the business was still in operation, correct?

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Yes, ma'am.

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Great.

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And when that business was in operation,

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did you consider it a nuisance business?

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No, ma'am.

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Did you think it was detrimental to the community

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or to yourself?

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No, it was more helpful, I think.

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It just brought kids and stuff around.

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All right.

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And so you would support the business reopening, correct?

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Yes, I would.

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All right.

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That's honestly, that's my questions.

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Lucy?

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um again how do you know the owner of the property uh he was a uncle of mine okay um so

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um have you known him you're are you close with your uncle not really it's just uh we talk here

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and there okay and how did you find out about today's uh hearing uh saw um a zoning that was

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happening and then me and him just happened to talk about it okay did he ask you to testify today

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uh he just told me to come in and uh speak my opinion of what's happening that's all

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okay um and were you offered any consideration like any type of money or anything any time

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okay all right oh sorry didn't mean to cut you off no other questions um i just wanted to add

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that i did um whether or not it was necessary i had posted the property with the hearing

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information for today so um the neighbors would have saw it and if they did know the property

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owners they they could have reached out to them so that's i just wanted to put that on the record

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um uh the only other thing i would add is at our initial two hearings we had a police officer

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testify um he is no longer available he as far as we know he had moved

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he is no longer available. He, as far as we know, he had moved to Florida. We have tried to reach

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out to him numerous times. He has not, he has not responded to our request, and we do not have the

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power to subpoena someone in Florida. So I would just ask, this isn't our prior notes of testimony,

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it's sworn testimony. I'm just going to, for the sake of not being argumentative, note we're in

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notes of testimony his testimony was um which is um excuse me miss yeah this is noted in the

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findings and conclusions is it not and the entire record from both prior hearings is incorporated

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into the current records then i will not testify any further on this matter so those are my witnesses

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i just wanted to have an opportunity as ordered by the court for our witnesses to testify about

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the status of this property and whether they um considered it a nuisance since other neighbors

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were allowed to testify that it was not it was a nuisance. And I believe that is all that is

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necessary um if the board would like to discuss this case um perhaps an executive session next

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week. Will do unless Mr. Cattuzzi has anything else to add. So so briefly um what I'd like to

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do is I have just a few exhibits I'll run through them very quickly for the board uh just excuse me

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are these exhibits that were submitted in either of the original hearing the last two hearings

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um so they were um I would just show there there is just two documents two or three documents

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there are aerial photographs I would just like to show the board that that would be new um

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I think that goes beyond what the court order requires or permits

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and i would object to any new evidence from opposing counsel as this was specifically

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for my witnesses to testify sure all right so you have any witnesses mr katuzzi yes we do i do have

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one witness uh miss marlene atkins who's on the line excuse me i believe did miss atkins not

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testify in the original he did i believe she did i believe her testimony is noted in the findings

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and conclusions and again the remand was the specific for the specific purpose of hearing

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testimony from petitioners witnesses who have not yet testified exactly and those were the witnesses

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that Ms. Basidlo presented I'm sorry Mr. Cattuzzi but we want to keep this understood understood so

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I would just ask that the board just accept the legal argument that was submitted to it and in

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this briefing on Monday and uh Councilman Johnson the submission of that brief as well because that

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doesn't have part of the quarter order. We'll make it easy. This record is closed. The board

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will be discussing a decision on this for next Wednesday's executive session. Thank you. Thank

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you both. Thank you. Calendar number 0617 1610 South 12th Street.

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I'm waiting for Mrs. O'Neill.

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They're coming in now as a panelist.

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Okay, thank you.

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Hi, can you put your name and address on the record?

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Good morning.

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my address is 1835 market street suite 1400 philadelphia pa 19103 can you spell your last

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name o apostrophe n e i l l do you swear or affirm to tell the whole truth and nothing about the

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truth i do do you agree to wait the reading of the refusal and stipulate to its accuracy

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see? I do. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal

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referral, photos, and plans of the property five days in advance of this hearing? And have you met

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with the RCO? And do you have a letter? Yes, to all the above. Okay, you may proceed. Perfect. Thank

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you. Members of the ward, I'm here today representing the owner of 1610 South 12th

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Street. An outside picture of the property can be seen on my screen. This property is currently

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zoned RSA 5. It is currently set up to be used as two separate spaces inside. You can see there's

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you can see there's two entrances here um my clients can i interrupt you for a minute

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two entrances here. My client's... Can I interrupt you for a minute?

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is this a former dental office yes dr rain okay thank you sure um my clients purchased a property

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in 2020 from a dentist as mr chair noted um he had been using that first floor for his dental

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practice it is my clients want to change that first floor dental office and turn it into an

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apartment for their own use. It's my understanding from speaking to my clients that this dental

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practice was fairly busy, so we believe that our proposed use is going to be a decrease in the

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density. My client's wife, Maida, is handicapped, and so they would like to have this first floor

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home so that they won't have to, so that she won't have to use the stairs. And so our application

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received a refusal because of the proposed two-family use. You can see it's got the two

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separate utility meters. We did meet with the RCO, East Pass Yonk Crossing Civic Association,

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on March 8th. We did receive their support both from the zoning committee and from the meeting

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attendees. A copy of the letter of support was provided with our exhibit packet at page 13.

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My client is available if the board has any specific questions for him,

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but I would like to call him forward at this time.

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Also, there's a letter of non-opposition

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from Councilman Squilla.

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Julian, if you could raise your hand.

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Not seeing any hands raised at this time.

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Ms. O'Neill will stipulate you being an officer of court

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that your client would have adopted your testimony.

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Thank you, Mr. Chair.

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any questions from the board no no no no anyone else like to testify in this case if so please

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raise your hand no hand sir thank you planning commission good afternoon david effecto city

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planning commission mr chairman members of the board the comprehensive plan recommends this

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property for single family use we recommend the board approve the requested variants

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thank you mi21 excuse me mi 2021 000 617 1610 south 12th street my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes thank you very much

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Calendar number 0620

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1718 Fairmount Avenue

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The attorney is Catherine Missimer

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and she's coming in now as a panamist okay thank you

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good afternoon name and address please and spell your last name and then i'll swear you in

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Sure.

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It's Catherine Missimer, M-I-S-S-I-M-E-R, 1835 Market Street, Philadelphia, PA, 19103.

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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 wait the reading of the refusal and stipulate to its accuracy?

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I do, although I have one note on the refusal.

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We believe that there should have also been a refusal for open area.

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we included that in our RCO notice and presented that to the neighbors as well.

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Thank you. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

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referral, photos, and plans five days in advance of this hearing? And have you met with the RCO?

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And do you have a letter? Yes, to all the above. Okay, you may proceed. May I share my screen? Sure.

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can you all see that very much so thank you thank you all i am here today on behalf of

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zara and amed saeed they are the owners of mass general contracting llc which owns the property

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at 1718 fairmount avenue uh before you see the neighborhood petition of support for their

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proposal. They're proposing to preserve the beautiful historic facade here. When we get to

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a photo of it, you will see that it actually has scroll work on the front of the face, including

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the year of construction 1927. So it's a pretty unique feature that they're looking to preserve.

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