civus
Hearing video

ZBA Hearing - April 21, 2021

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

Everything was sent last week

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within the five-day prior to the meeting guidelines.

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So you've met with the RCO?

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Yes, I met with the RCO,

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and I have approval from my RCO,

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which is...

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My RCO is Tioga United.

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Tioga United.

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And you also have approval from Councilwoman Bass,

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uh mr chairman yes there's a i think sharon stated that she received a letter

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of non-opposition from councilwoman bass yes that's right

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okay that's great news should i continue right yes you can share with us some uh drawings yes

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absolutely absolutely so um stop share and then

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now go back go back and share

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all right can everybody see my screen yes we can

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What you guys are looking at now is the front and the back of the property.

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To the left here is the front of the property.

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The property has one door now.

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Previously, it had two doors.

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This is the second door right here.

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The plan is to use this door for unit one to go to the first floor unit, the first floor apartment,

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and this door here to go upstairs to unit two to go to the second floor unit.

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we will also put a like there's there's like a concrete slab here now we're going to build a

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nice enclosed porch area which which will also house the the trash cans out front as well

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so that's what our trash cans will be when on trash day the the tenants will put the trash out

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and retrieve the trash cans after the trash is collected every week

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to the right is the back of the property no changes to the back of the property we're simply

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going to clean up a little bit get rid of some of these bushes and trees in the back here these

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branches and clean up real nice in the back and of course um put a brand new door as well

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now i'm going to share the actual drawings with you

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Thank you.

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okay can everybody see the drawings yes okay from left to right the left is the basement

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it'll it'll be my utility room no major changes to the basement at all um in the middle the middle

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here shows the apartments. This door leads to apartment one. This door leads to apartment two.

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This is the staircase up here. Both apartments will pretty much mimic each other.

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Apartment one will have a nice open area, kitchen, living area, one bedroom,

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one full bathroom, and like a little small den and office area.

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the second floor unit is the furthest to the right the third drawing over here same design

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same design um open floor unit open area here with a kitchen area um full bathroom

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full bedroom and also a den and an office as well

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so to recap i'm presenting to you guys a single family unit presentation

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um requesting a variance to two family units um to turn it into two one-bedroom apartments with

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offices in them as well any questions for me now any questions from the board no

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

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no hands at this time chair thank you planning commission

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uh ron bednar city planning

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property is indicate currently indicated for single family residential use on the city plan

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our adopted district plan proposed remapping it to uh multi-family at this location therefore

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or we recommend the requested ban is to be granted.

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Thank you.

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MI 2020-003382,

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1915 West Lehigh Avenue, my vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Carol, what we want to do,

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I'm going to make an announcement here.

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There's been a request by the attorney, Mr. Anastasio, on behalf of the RCO regarding 230-36 Vine Street. Request for a continuance is being denied.

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having said that just so everyone out there who's listening understands we're going to go to we're

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going to skip over your case we have two other cases which shouldn't be too long uh and then

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we'll come back to the vine street case uh because we expect that to be somewhat lengthy excuse me

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chair but if you could just briefly allow mr anastasio to put his request request on the

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record i believe he wanted to do that yeah mr anastasio i didn't mean to get ahead of you i

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apologize. That's quite all right, Mr. Chairman. Can you hear me? Yes. Yes. Thank you. I apologize

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for not being able to see me. I'm not quite sure why that is, but that's okay. No, nothing lost

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there for sure. So, but I respectfully understand why you've denied my request for continuance,

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even though this is just the first listing. But I do have to now submit a motion to dismiss

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this appeal. I've already submitted a legal brief on the motion to RCO ZBA and to Attorney

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Saleta. There are four reasons to dismiss this appeal as a matter of right.

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uh first and foremost um the the crux of this appeal is is concerning a mosaic that's attached

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to an existing building and it does not qualify as a hardship as the uh appellant uh bases their

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argument on the zoning board is collaterally stopped from making a determination as to whether

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that mosaic constitutes a hardship under the zoning code as a result of the fact that

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the historic commission made a 2018 determination mr anastasio i'm so sorry for interrupting you

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should i save this and should i say this until if you could save this until the case

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i'll be happy to do that yep thank you

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you. Okay, Carol, so now we'll go to number seven. I think we go to number eight first.

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I think we go to number eight first.

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I'll be away.

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Either way.

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We just wanted to get eight because we were going to skip over.

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Yes, now that Cantrell is not being continued, actually, as long as seven and eight are called before six.

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Okay, so it doesn't matter if we go to seven.

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Okay, calendar number 3383, 358 Cantrell Street.

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The attorney is engine.

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good afternoon good afternoon can you put your name and address on the record please

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yes zhen zhen last name j-i-n 1617 john f kennedy boulevard suite 1838 philadelphia pa 19103 here

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on behalf of the applicant.

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Thank you.

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You're still under oath.

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Do you agree to wait the reading of the refusal

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and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet

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with proof of ownership, tax compliance,

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refusal, referral, photos, and plans

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five days in advance of the hearing?

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And have you met with the RCO?

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And do you have a letter?

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We do have everything and it was submitted.

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However, it was not quite five days

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in advance of the hearing

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due to the RCO meeting being on just this last Monday.

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Okay, but we have everything else.

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Correct.

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Okay, you may proceed.

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Thank you.

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I'm going to share with the board the information leading to this case.

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The refusal is up before the board.

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This is a very straightforward refusal.

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This is a single-family proposal.

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We have three refusals, two of which are related.

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One is a front setback of eight feet, whereas we're proposing four.

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and then the rear yard being eight foot rather than nine foot deep which reduced the 171.5

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square foot to 140 square feet. This is a supported application. The community

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organization actually asked us to obtain a petition. It's part of Whitman Council's

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normal procedures which we did and then subsequent to that we were able to obtain a letter that was

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forwarded to Sharon from Whitman Council, the RCO, in support of this application. This is a new

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construction. However, this lot is rather narrow. If you look at the site plan, the reason we're

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asking for an eight-foot rear yard is because it would allow the building to essentially be lined

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up with the buildings next door. The main reason my client also sought to reduce the front sitback

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from eight foot to four feet in the front is because this is a 14 foot wide lot. It is not

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extremely deep and reducing eight foot of that third floor with the stairwell in place would

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essentially make the master bedroom and master bath not be able to be fitted as designed. So

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we're asking for consideration here from the community and also from the board for that

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frontal setback the community understood our request based on the plans and gave full support

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as a result we would also ask the board board's favorable consideration in this request again this

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is a single family house that is otherwise consistent to what is expected in that neighborhood

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i'm happy to answer any questions from the board um if i can interrupt again this is sharon saletta

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And we did, I just confirmed, we received a letter in non-opposition from Councilman Squilla.

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Thank you.

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Mr. Jin, do you have your client with you?

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Yes, Ms. Peggy Tang should be here with us.

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If you could raise your hand.

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Ms. Tang, please identify yourself, spell your first and last name.

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uh sure my name is peihong tang spells p-e-i-h-o-n-g last name t-a-n-g

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

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i do mr jen thank you uh peggy you heard my uh presentation to the zoning board can you verify

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that what i've uh represented is true and correct and adopt my testimony as your own

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yes i do thank you thank you thank you thank you any questions from the board no no anyone else

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someone has a uh there's some background noise you can mute your phone hello thank you planning

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commission this is uh ron bednar city planning this property is indicated for residential use

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on the city plan. Given the documented site constraints, we recommend that the request

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Given the documented site constraints, we recommend that the requested variance be granted.

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Thank you.

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MI 2020, that's 003383.

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358 Cantrell Street, my vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you. Have a good evening.

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You too.

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calendar number 3391-4408

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Lancaster Avenue

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the attorney is Cheryl Gaston

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for those who are here for Vine Street

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this is the last case

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before we get to Vine Street

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I'm a calling user

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I'm not seeing that

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calling user

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are you for this case

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no we need attorney

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Cheryl Gaston

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if you can raise your hands, please.

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Ms. Kirsten?

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Yes.

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

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It's Cheryl, C-H-E-R-Y-L, Gaston, G as in George, A-S as in Sam, T-O-N.

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I'm at 1622 Spruce Street, Philadelphia, 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 also agree to waive the reading of the refusal and stipulate to its actors?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, plans, and photos five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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Okay.

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I met with the RCO.

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I do have a letter.

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The packet was sent five days in advance except for the tax clearance materials, which were, their site was down.

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So they were sent earlier today.

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So we do have the tax?

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Yes, you do.

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Okay, thank you.

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You may proceed.

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Good afternoon.

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If I could have my paralegal, Christine Schlosser, being given permission to share screen, please.

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I'm sorry.

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Christine Schlosser, thank you.

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Good afternoon, members of the Board.

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This property is 4408 through 4410 Lancaster Avenue.

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We filed a request on behalf of the owner, who is Meharry 4432 Real Estate, LLC, to

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construct a five-story building on this site. The first floor will be totally for commercial

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use, even though this is a CMX2 area and we don't have to use the entire first floor.

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We are going to do that, and then the remainder of the property will be occupied by nine multifamily units.

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There will be three units on the second floor, three units on the third floor, and then there will be three units, bi-level units, between the fourth and the fifth floors.

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Lancaster Avenue has lost 30 businesses in the last year between storefront damage sustained

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during the 2020 protests and financial woes due to the COVID-19 pandemic. And this building will

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