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Hearing video

ZBA Hearing - July 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20206h 57m

Pico, I'm the chair of the zoning board of adjustment. We have a quorum. I'm officially

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calling this session to order. In attendance is our board secretary, Mr. Confessor Plaza,

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and our board member, Mr. Thomas Holloman. As you're probably aware, today is our, I believe,

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fifth or sixth day of holding virtual hearings. In addition to the board members, we have our

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city solicitor, Sharon Saleta, who will be joining us shortly, and our board administrator,

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Ms. Tanya Sunken. While we may have to make some adjustments along the way, our plan is to call

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each case and basically proceed as we would have in a live hearing. We ask that attorneys for the

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applicants or other interested parties identify themselves for the record when the case you'll

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be participating is called. We will then hear the appellant's presentation,

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followed by any presentation by attorneys representing other parties

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excuse me by representing other parties interested parties and members of the public

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not represented by council will then be given an opportunity to testify we will finally then hear

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from the recommend the recommendation from the planning commission at the hearing's conclusion

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the board will either vote the matter immediately or hold it for discussion in executive session

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the record will then be closed at that time and any decision uh that is made in the executive

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session will be made in the executive session a week from tomorrow i don't have the date

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um wednesday somebody can help me i'll have my calendar wednesday

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we have a date for next wednesday yes sure august 5th august 5th yes thank you so that the the vote

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will either take place immediately or we help be held for discussion in the executive session

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that follow next Wednesday, August the 5th.

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At the hearing's conclusion, I already read that part.

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Any case held for discussion will be voted on August 5th.

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A couple of changes related to the virtual format.

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First, we will be administering oaths

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to individual participants prior to their testimony

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rather than to the room as a whole, since there is no room.

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Second, for the benefit of anyone participating

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by phone, we ask that the attorneys and witnesses identify themselves prior to speaking or

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testifying. Third, we'd like to advise everyone that this proceeding is being recorded and that

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by participating, you acknowledge your agreement to be recorded. If anyone wishes to testify,

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please make sure you raise your hand so that we can know who was testifying on which case.

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and I would ask the attorneys, please limit your testimony to those issues that are absolutely

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necessary for you to establish a record. We will do our best to hear your case thoroughly,

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but we're going to limit the case to one hour. It is impossible for us to continue to have cases

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that are lasting two hours or more. So we're going to limit your case to one. And again,

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please summarize and speak to those issues that are most important to

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establish your record I believe I covered everything Sharon and or Tanya

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anything else add so chair if I could add that all those participating by

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phone if you wish to testify and be recognized you must press star 9 that

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will raise your hand and then we'll be able to see that you wish to testify for any particular case

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and then also those who would like to put in a parent statement you can leave a message

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on a google line that we have available and that number is 267-270-5548 and you can call that line

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and put in your apparent statement, and we will get the information and make sure you state what

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case you're putting in a parent statement for, and you would be a party to that case. Thank you,

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Chair. I have one request as well, and it seems that there was one case that was mistakenly added

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to the Continuance Lips 307 Friendship. They are actually prepared to go forward, so if we could

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add that to the list, please. Thank you. Professor, you were going to ask something? Yeah, those that

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want to uh testify whether in support or in opposition make sure it's something new and

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different okay i think that's it thank you you got it okay i think we're ready ready to go

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okay uh these are for the continuance and withdrawals uh don't have a calendar number

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These are for the continuance and withdrawals.

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Don't have a calendar number, but address 230 South 4th Street is being withdrawn.

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Calendar number 39149-2340 Orthodox is being continued.

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Calendar number 39130-240 North 29th Street is being continued.

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Calendar number 39341-3019 West Dolphin Street is being continued.

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Also, calendar number 39277-6415 Harbinson, it's being continued.

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I think we are ready to roll.

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Okay, thank you.

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You're welcome.

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calendar number three nine six six zero one oh seven Kahlo Hill Street Michael

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We'll fill it.

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hello yes good morning isaac are you the attorney for this case

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uh good morning good morning good morning members of the board isaac slepner uh with

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matioti limited um for the uh applicant stephen maffay on 107 callowhill street

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morning sir you agree to wait the reading of his refusal and stipulate to its accuracy

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Yes, I do.

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Mr. Slepner, please identify yourself with the record.

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Spell your name.

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Sure.

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And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you.

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Isaac, I-S-A-A-C, last name Slepner, S as in Sam, L as in Larry, E as in Elvis, P as

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in Peter, N as in Norman, E as in Elvis, R as in Robert, Slepner, Mattione Limited,

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100 North Independence Mall West, Suite 5A Northwest, Philadelphia PA 19106, for the

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appellant applicant, Stephen Maffay, property owner, developer, Stephen Maffay.

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And my client, Stephen Maffay, is here with me somewhere.

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Stephen, are you there?

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I think he's here somewhere.

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He was texting me.

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He said he was here.

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can he raise his hand okay i see it there we go yeah i don't know oh why don't you proceed and

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we'll get to your client um thank you uh good morning mr chair members of the board uh everyone

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again i'm isaac slepner i'm counsel for uh the property owner stephen maffay and if uh you would

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allow me to walk you through my documents, I will let you know what we have going on today.

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So I will call your attention to this PDF that I have pulled up on everybody's screen. Can

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everybody see that? Yes. It's a table of contents and we're just going to scroll through. Okay, so

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our first, I'll go slowly through the table of contents if you want and then I'll just kind of

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start well if there's something really important that we need to see in that table fine if not and

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go to whatever the issue i'll jump right into it um all right exhibit one is our notice of refusal

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it's uh proposed is a single family dwelling in a um the property is split between an rm1 and a

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cmx4 but in any event it's uh a single family dwelling proposed um seeking a variance for height

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and seeking a variance for use, and also a proposed parking space

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not accessed by a shared rear alley, shared driveway or rear street.

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Exhibit 2 is our time-stamped application for appeal,

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which you can't really see the time stamp, but it was from January 13th of 2020.

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Exhibit 3 is our plan, our site plan.

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I'm going to turn that around so that everybody can see that.

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um can everybody see that i can expand it a little bit if we need um to the left there is a site plan

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above are some sketches that's an area map and then those two photographs are photos

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of the current uh sorry the current situation at the property

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um the property is that vacant lot there where

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The property is that vacant lot there where that brown fence is, and you'll see some more photos of the property.

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If you need, I can zoom in on this a little bit if that's any help.

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All right.

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So I'll scroll down to Exhibit 4.

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Exhibit 4 are the floor plans for the single-family residence.

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It's a large single-family residence, and this property abuts I-95.

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It kind of is right at Callow Hill Street, right between front and second,

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right where Callow Hill is about to dip under the 95 overpass.

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So it's a little bit of an oddly shaped and sized property,

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and for a very long time it's been vacant.

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These are the floor plans that my client plans to build at the property.

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I'll scroll over here to the left.

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It's a basement, ground floor, second floor, third floor, fourth floor, and a roof deck.

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So it's going to be a pretty sizable property with a garage at the front, fronting onto Callow Hill.

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There's already a curb cut there.

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Exhibit 5 is the elevation, and you'll see there's elevations from all the directions, south, north, west, and east.

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It's got some pretty sizable windows on the front, a lot of windows on the east side,

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the east side being closer to the front.

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107 is my client's property.

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105, Calo Hill is also vacant.

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So there's a number of windows out onto what will still be a vacant property,

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but will be arguably better lighted and better looked after once this is built.

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Exhibit 6 are some renderings.

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So you can kind of see, get more of an idea of what it'll look like when it's finished.

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You can see in that first rendering there, that's 103 through, I guess I would say 101 or 99 Callow Hill.

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And then in between there, that empty is 105, and then ours is 107.

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And then there's some more renderings.

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Okay, we'll scroll down, Exhibit 7, 7A.

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These are, well, 7A is a map of the area, so you can kind of see a little bit better how this property fits into the neighborhood.

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So there's 107, which is ours, highlighted in blue, and as you can see, it's kind of narrow and very deep.

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It goes almost all the way back to the on-ramp of 95, and it's kind of a T-shape at the rear of the property, and then 105 is vacant, 103 is another building.

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um exhibit 7b is that's a photograph if you see that chain link right there

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um that chain link to the left there that left half is 107 the right half is 105

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um and then above you can see the ramp of 95 the next photograph i'll turn this again so everybody

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can see this a little uh see this the way it's meant to be seen uh if you see this fence that

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says national on it that's 107 this fence that's all overgrown that's 105 and then the building is

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103. um here's another view uh of it i'll turn that counterclockwise again you can see 107 105

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and 103.

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And then, well,

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I was going up, not down.

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And then I guess that's a close-up

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of it is the next one.

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That's a close-up.

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That's 107.

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And this is just a view

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down Callow Hill Street

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to kind of

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show everybody what the view looks like.

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This is from front

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and Callow Hill looking west

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on Callow Hill.

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And there you can see the building, the last building there, and the ramp.

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And in between, you can't see much because it's vacant right now.

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But the second property in is 107.

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All right.

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Exhibit 7C.

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These are the photographs of our orange signs that were posted on July 14th.

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That's our orange poster.

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And our notice of refusal.

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That's photo one.

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Here's photo two.

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You can see it's on the fence in front of 107 Callowhill and photo three.

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That's also on the fence of 107 Callowhill. Here's exhibit eight.

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Exhibit eight is our project information form.

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I can scroll through that. If anybody wants to read it, they can. I'll go back.

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We did have a meeting with the RCO.

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We did have a meeting with the RCO.

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Our RCO letter is Exhibit 11, and I can go through these a little bit more quickly.

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Our RCO letter is...

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This was our certificate of mailing from our original letter, which had been sent out on January 24th,

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and this is about 10 pages because there were a lot of addresses.

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Exhibit 9B is a certificate of mailing.

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We more recently sent out a notice on July 21st when we finally got the date for today.

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um following that will be our uh certificates of our affidavits of service this one is from

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january uh from january 31st that we did the mailing on january 24th that's a copy of the

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letter there's a copy of our refusal that's the address list 10b is an affidavit of service

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notice that we did in July of an updated notice to the neighbors.

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Exhibit B, these are the addresses that were sent to.

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Here's Exhibit 11, is a letter from Northern Liberty's neighbors of May 3.

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And this is a letter in favor from the NLNA board,

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from the meeting of the RCO on February 24.

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forth. So that's exhibit 11 of our packet. And then I'll point out that our application

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today for a variance is for a single family use in a half RM1, half CMX4, not exactly

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half and half, but part CMX4, part RM1, and we're applying for a variance for a single

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residents with a front garage. I would point out that previous prior to this

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the board had granted a variance for a multi-unit multi-family household for a

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five dwelling unit building that was never built but that was proposed back

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in 2015 and this is the zoning and use permit from that date in the past so

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what we're seeking now is a lot less of a a lot less dense and a lot less of a

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variance from the code at this point this was our refusal from 2015 exhibit

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13 is a deed in favor of my client Stephen Maffei recorded in 2013 was when

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he purchased the property that's the deed exhibit uh there's his tax cert exhibit 14 is a letter

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from council member squilla's office stating that the councilman is in favor uh is in non-opposition

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i should not misquote him um is in non-opposition of the variance and 15 exhibit 15 we had been

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having trouble with the city tax cert site but we ran a search on abitair design studio and on

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the property 107 Callowhill Street. And it looks like there are zero tax balances going back to

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2001. So those are my exhibits. And Steve, are you there? Steve Maffei? Yes, I am. I don't know

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if you can hear me, but I'm here. Yes. Steve, we can hear you. This is Frank DiCicco. Would you

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