civus
Hearing video

ZBA Hearing - April 21, 2021

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

446-52 North 12th Street.

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Is there anyone here for this case?

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446-52 North 12th Street.

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Here, I have a Justin Kirk.

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Justin, are you here for this case?

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Yes.

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Mr. Kirk, please identify yourself with the records.

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spell your first and last name yes justin crick k-r-i-k i am counsel for the applicant address

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is 1500 jfk boulevard suite 63019102 uh we are requesting a continuance of this matter

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uh to a date as uh soon thereafter of july 8th i'm sorry i'm june 8th we are meeting with the

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RCO again, June 8. You'll have to work that out with Tanya. MI 2020-003389-446-52 North 12th Street

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is continued. And I missed over one. Thank you. Number seven on our list, MI 2020-003383-358

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358 Cantrell Street is continued.

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Cantrell Street is continued.

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Anyone disagree with any of the continuance

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that have just been read into the record?

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Here we have Xin Jin.

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Mr. Jin, you can unmute yourself.

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Yes, good afternoon.

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I'm the attorney for case number seven

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that was just continued.

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We originally made the request

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because we didn't meet with the RCO,

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but they accommodated us with the meeting.

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So we're ready to move forward on that case.

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Did we get the exhibit?

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Yes, we did send the exhibits in.

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Everything was timely?

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I believe the community letter was the only thing that was not timely,

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but we just had the meeting with them on Monday.

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They did issue a letter for us, you know, right after the meeting.

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So, and it is in support.

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And I believe we also have a letter from Councilman Squilla on this one.

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Okay.

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All right.

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So we will go forward with that case.

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Thank you.

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Thank you.

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uh i'm carol sarah anybody did i miss anything

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no you did all the three i i missed it and i apologize for my tardiness number three four

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and seven are continued three four three four seven and nine and no seven's not continued

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that was that was send in number nine is continued okay hold on please one number one

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number three number four four number nine nine are have are continued as is the add-on i believe

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uh or no resumption to be determined no that's not to do the add-on right you are doing the

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add-on it's just that the add-on is listed twice both in the as number um oh it's a number five

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and it's the add-on if you should just consider it as the add-on and ignore number five yes i'm

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sorry this is tanya it was listed because if you recall there was a lot of people involved with

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this case so i made it short that it was posted and listed so that all involved would know

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okay i appreciate that thank you so then we begin with the add-on excuse me

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thanking tanya and apologizing for making this more confusing no worries no worries

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it's a long long day and god knows when we're going to finish but so we'll start with the add-on

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Yes.

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Calendar number is 3225-2241 North 15th Street.

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The attorney is Alan Nockamson.

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This is a resumption hearing?

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Yes.

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Only to determine if the applicant and RCO have reached a proviso agreement.

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Mr. Nockamson, you're right.

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Okay, you're on Allen Ockamson. I don't know. I don't remember your address. It's 123 South Broad

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Street. Something like that. The Wells Fargo building, suite 1600. I'm going to make this

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really simple. Let's just go. I'm going to share my screen. It's a resumption hearing.

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We met with the community. I'm glad to say we have community support with provisos and we're

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willing to agree to whatever the board feels is appropriate in terms of provisos.

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Some of them are non-zoning related. So the Uptown Entertainment Development Corporation was to coordinate the RCO. They now support this project. It's a three-unit project. It's a three-unit on an RSA 5 property, but the whole history of this property is multifamily. It was up to four units at one time. Last use was three units. This is a family-owned property. Just trying to keep it really simple.

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uh as you can see the the meeting summary is unanimously in support there were seven

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individuals there one near neighbor and um these are the providers that alan yeah oh yeah sure

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sure do you want me to go back to the letter the first letter i'm good i just i want to see what

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the provisors are that's okay yeah we want yeah all right so here are the provisors maximum of

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three apartments at this address. Well, the notice of refusal asks for three, so I don't think that's

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necessary. No rooming house configuration. If we had it as a rooming house, that's a different

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zoning classification. I'll leave it up to the board if they want to put that as proviso. I don't

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think it's necessary. Not to be used as a boarding home, same thing. We're not using as a rooming

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unit. That would be completely different zoning classification. Not to be utilized as a group

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home same thing would be a different zoning classification we would have to get a separate

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board approval not to have bedrooms utilized as separate residences which I think is the same thing

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Not to have bedrooms utilized as separate residences, which I think it's the same thing as rooming.

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Not to utilize bedrooms within a living space contract.

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I don't know what that is.

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So I think Ms. Russell is probably on, and she wrote the letter, so I don't want to misstate that.

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All trash stored inside the property except on Trash Collection Day, we can agree to that.

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trash stored in the basement no trash stored outdoors we can agree to that designated person

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to handle trash I mean this is going to be self-managed it's actually going to be partially

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owner occupied so I don't know if that's a zoning related owner and mother will be responsible for

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managing property until management firm is employed again self-managed I don't know if

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they're going to use a management company don't know it's only related and then there was stuff

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about the building process rco and community are provided a weekly uh work schedule you know

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mr hawkins is on he's the owner of the property now taking over from his deceased and he agreed

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to that and i can have him state down the record so at least it's recorded so he's held accountable

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to that rco and community are notified by flyer and email when deliveries will be

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when deliveries will are made that will cause loss of parking street blockage

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um not human related not so many related no construction starts before eight

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so the ordinance you can't start before seven that's right exactly um all construction ends

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at five again my client's willing to do these things but not so many related all construction

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debris must be weighed and dump tickets emailed to rco i mean my client agreed to this i i never

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seen that but like I I think he'll try his best that's all I can say some of these are a little

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bit onerous but he's willing to work with the community the exterior of the house would be

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kept OSHA clean throughout the renovation and construction process that's a building requirement

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and you know he'll fulfill his obligations under the building code uh and that's it and that was

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excuse me this is Sharon Saleta you can add trash stored inside everything else is either

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unnecessary or unenforceable but also we also can limit it to three units it's already three units

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so it is by virtue of the application limited to that all right very good okay all right okay um

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alan do you have anybody yeah mr hawkins i mean he testified earlier it was a long hearing

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last couple weeks we're fine i'll just ask the board if they have any questions no

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no anyone else like to testify please raise your hand uh yes chair we have burn

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brian anastasio you can unmute yourself

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no mr anastasio please identify yourself for the record

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chair um we have no i'm not quite sure if you can hear me uh but i have uh no interest in this case

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i raised my hand i raised my hand for a continuance request that's all yeah we'll

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talk to that yep okay uh all right and planning commission i have i'm sorry chair i have tina

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Marie Russell? Oh, I'm sorry. Ms. Russell? Good afternoon, everyone. I've already sworn

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in. Do I need to sworn in again? No, just identify yourself for the record. Tina Marie

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Russell, North Central Philadelphia, CDC, RCO. The reasons why we have certain provisos

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are there because what we've noted in our communities um where we are

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miss russell is muted

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can you hear me now now we can okay sorry about that so we the reason um did you

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don't you start from the beginning well i think you're going to explain to us why you have uh

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Right, because we know that. Let me finish up if you don't mind. Understand that the only ones that are enforceable by the zoning board is the trash indoors. Everything else is an agreement between the RCO and the developer.

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okay great so let me we can't enforce those let me just finish my if you don't mind so what we

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know is that you may see a property that's been zoned for three apartments and they may have three

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bells but when you go inside they actually put locks on the bedroom doors and they're treated

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as if they're rooms like like an apartment so they'll pay 500 and they share a kitchen they

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share a bath etc so they're treated like rooming houses or boarding homes but on the outside and

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their variance was granted one way but their usage is another way and then excuse me this is

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Excuse me, this is Sharon Saleta. So if I could just explain, if that's happening, that would already be a violation of their zoning permit.

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so if I could just explain if that's happening that would

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Adding a proviso wouldn't give you any further protection.

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You could, if that is happening, you can call L&I and ask them to enforce that it is not being used for the purpose it was approved for.

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Yeah, I just want to finish up, if I may, before I get, you know, distracted.

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So the other thing is that I just wanted to put on record, and I appreciate everyone's advice on this, but I wanted to put on record that the owner did say that he would comply with the other community concerns that we put on the proviso.

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That's why I put it in that letter.

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Yeah, so Ms. Russell, first of all, I want to commend Ms. Russell.

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She's worked really hard on this project.

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She's not even the coordinating RCO, and she's worked really hard to come and for us to work together with the community to come to this agreement.

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So, Ms. Russell, offline, what I'll do is to rest assured that we're going to comply with this,

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I will have my client sign your letter that he accepted the terms and conditions.

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So, you have something of record that he physically agreed to these terms.

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I appreciate that because we really feel strongly to support this applicant.

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And we want to make sure that he has a good experience going to rebuild because he's new.

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He's never done this before.

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and if he has a good experience

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then the community has a good experience

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so we want to make sure that we are

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working together with him and yourself as well

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we appreciate that

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so offline I'll have him digitally sign it

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but the board obviously has other matters

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I'm sure they want to get to

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you made a statement on the record

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and it's so noted

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alright thank you any questions from the board

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no

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planning commission

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this is Ron Bednar

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city planning please spell your name and i'll swear you so r-o-n first name last name bednar

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b-e-d-n-a-r do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do please proceed thank you okay this property is currently indicated for residential

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multi-family in the city comprehensive plan was remapped to single-family housing in 2014.

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Based on revised plans and given its history, we have no objection to the granting of the variance.

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Excuse me, this is Sharon. Are there revised plans submitted with us?

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No, no, there is not.

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Thank you.

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So we would then correct that just to say based on the, you know, the changes to the application, we have no objection.

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MI 2020-003225. 2241 North 15th Street. My vote is yes with the proviso. All trash to be for all units to be stored indoors.

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my vote is yes with proviso yes with proviso yes with proviso yes with proviso

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thank you are we going to number two

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Mr. Chair are we going to number two yes okay calendar number 3382 1915 West Lehigh

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I just wanted to say that this afternoon we received a letter from Councilwoman Bass in

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non-opposition. Thank you. Thank you. We have Bart Levy coming in as panelists now.

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Mr. Levy, you can unmute yourself.

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can you hear me yes mr levy can you put your name and address on the record and spell your

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last name my name is bart b-a-r-e-v-l-e-v-y uh my office is 1500 market street uh east 12th floor

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and um i'm sorry what else oh my id number is 204 800

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And you're already under oath.

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

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You don't.

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I cannot hear you.

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Can you hear me now?

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Now I can.

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Okay.

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Have you emailed the exhibit packet with the required documents, proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property?

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

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five days in advance of this hearing.

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RCO and do you have a letter? I was not the one to meet with the RCO or sent all of it but I

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checked that it was all sent. We do. Okay so you you may proceed. I'm going to turn the technological

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end over to this to the operator of the property. His name is Rodney Nobrun if he hasn't been

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admitted to the panel yet.

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Mr.

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Nobrun has been promoted to panelist.

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Mr. Nobrun, can you put

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your name and address on the record and spell

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your last name, please?

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please unmute yourself yes hello everyone i'm back again you are back again you're still on

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your oath but we need your name and address and spell your last name no problem my name is rodney

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nobrun last name is spelled n as in nancy o b as in brian r u n as in nancy and my address is 55

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daily drive burlington new jersey 08016 okay and you may proceed okay all right great so i'm going

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to screen share can everybody see my screen yes we can okay great so i am the owner for 1915

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West Lehigh Avenue. The name of my company for this one is 1804 Properties LLC. I am here to

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request a variance from a single-family residence to two units to a multifamily residence.

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I have my property ownership documents. I have the refusal. I have the tax clearance

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and the RCO meeting notes and the drawings as well.

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