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Hearing video

ZBA Hearing - July 28, 2020

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

uh city hall room 496 philadelphia pennsylvania um we're in a firm to tell the truth miss jones

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and all truth and nothing but the truth yes i do thank you please proceed right so i i just

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kind of wanted to clarify the position of our office um i i did send a letter in this afternoon

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to support the RCO's position on the project itself however I did not I

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However, I did not, as far as I know, our office has not made a position about whether or not to continue this case.

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didn't know as far as I know our

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That's just not, I was told that it was going to go forward today.

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So I just wanted to clarify that we hadn't taken a position on it.

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Thank you for clearing that up.

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I misspoke.

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I was somewhere along the line.

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i thought i got we got a letter the board got a letter saying that the councilman was in agreement

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on the continuous but thank you for clearing that up i'm gonna say that was my mistake not

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the chairs okay no problem mr chairman it's cleared up yes yes mr milton in in very very

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brief rebuttal the mailings that were made that are part of our requisite submissions are all the

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notice that is required. That mailing notified all of the immediate neighbors, all of the people

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within the zone that requires notice of the RCO scheduled meeting and of the hearing before the

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ZBA. That's what's required. And those events are routinely rescheduled and a new notice is not

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required. All that is required is that you repost and that you notify the RCO, which is exactly what

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has happened here. But it's fascinating that Mr. DeMarco's rigid adherence to the zoning code

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that he's urging the board today, I wonder if he will insist on that rigid adherence in the next

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matter in which he represents an appellant i suspect we know that he won't but the fact is

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the board and the city planning department have encouraged all parties to employ alternative

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means to have these rco meetings we tried we begged we asked and we finally got it in july

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and they sent their letter and the matter is ready for hearing. Thank you.

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Someone, Mr. DeMarco or Mr. Beller, whomever, speak to the issue about if this case

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gets continued, when will there be, when will the next, when will be the earliest

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that the Spring Garden folks could have a meeting regarding this case.

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And then I have a question for Mr. Miller after that.

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Mr. Chairman, this is Ryan Boland speaking.

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I haven't asked that specific question of my client.

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I know there's a couple of representatives on the line right now,

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but I suspect that there's no reason,

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given the flexibility of the Zoom platform,

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that we couldn't do something in two weeks notice so my question to mr miller is is your client is

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this time sensitive in terms of any financial negotiations or whatever do they own the property

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are they in the process of buying mr chairman my client purchased the property over a year ago

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my client went through the historical commission process that process left us requiring three

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variances we are before you now what the reason this is time critical is because it's a burden

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to carry this property without construction moving forward and we're very very concerned

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about the deadline for the abatement. If this drags much longer, we risk the December 31st

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deadline for the abatement, which would be a crushing penalty because of the delay. We paid

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for an expedited hearing. We got an expedited hearing and through no fault of anyone, we are

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where we are. However, through the fall of the RCO and through the fall of the next door neighbor

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and her counsel, the RCO didn't proceed as was agreed. And then they issued their letter last

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Thursday. So they've already issued their letter of opposition. I don't know what, and that's a

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very, very detailed letter. It's probably six or seven pages long. I don't know that they're going

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to say anything new if we delay. Yeah, I apologize if I had you repeat some of the comments that you

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made earlier. I got distracted, so I apologize when I asked you if your client owned the property

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or whatever. I apologize for that. Okay, I understand, Tanya, there's a couple more people

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Okay, I understand, Tanya, there's a couple more people on the phone.

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on the phone.

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No, Chair, that's all.

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All right, that's all.

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I know Mr. Bowen tried to answer, maybe didn't give me the answer I was looking for.

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Is there anyone who has been a party to the request for a continuance?

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Could you give us an answer?

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if this case gets continued could you we get this case continued for two weeks

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is that a question for me to hear it's no it's a question well i guess it is for you also

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tanya not unless you want to do a special day yeah i'm thinking because this is going to

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probably take time but so i'll ask the general question to mr bowler mr demarco whomever is

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representing those folks who are requesting a continuance can if this case is continued for

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two weeks does that give you ample time to get the meet another meeting of another meeting

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or another meeting with your clients and the applicant mr chairman this is ryan boland since

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we're not dealing with having to use any space or anything like that i see no reason why we can't

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hold a meeting within the next two weeks. We just want to make sure that the physical mailings go

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out as soon as possible so that we can get this on the agenda and have the RCO schedule a Zoom

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meeting. Mr. Miller? Mr. Chairman, we're not obligated. I mean, we spend the mailing. I know.

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I saw you perk up with the mailing issue. Yeah, right. We've done the mailing. We've satisfied

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the requirements and when things are rescheduled, I'm sure the RCO has a comprehensive email list

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that will be far more effective and far less costly. I would agree that Spring Garden, I do

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believe, has the resources to be able to do this virtually. So I don't know, again, I don't think

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we can enforce another mailing i would ask that you do it virtually like you you want to do the

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meeting and have done meetings in the past uh with planning commission and or whoever the other

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departments i think there's some other uh places that you've had uh virtual hearings again because

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you have the wherewithal to do that so i i would not make that a requirement that meaning i would

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not make a requirement for a set another mailing other than virtual mailing emailing or whatever

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So, having said that, Tanya, any idea when we can have a special hearing and I got to

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make sure we have a quorum also for that.

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Frank, I think you tell us, we'll have a quorum, and she said already that it's up to us, you know.

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All right, I just don't know who, let's say in the 20th, Thursday.

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That's much further out, isn't it?

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That's three, four, that's almost four weeks.

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Anything sooner?

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uh say the second week in august anything available then

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i mean if you guys want to do it on a thursday

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what what would be the date on that thursday the 13th

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13th confessor will you be around on the 13th that you're aware you make it work

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Tom? Chairman? Hold on. No problem. Okay. So anyone have any concerns about that date?

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I just have a scheduling issue, Mr. Chairman. Can you hear me? Yes, I can. I have, if it's late in

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the day, that probably could be okay. I have a 9 30 a.m. mediation, which is going to go at least

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four or five hours uh so if it's a little later in the day i can make it well it may go longer

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it may go longer right i'm so i'm sorry about that it's a pre-scheduled prepaid uh long mediation

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in a major civil case um okay i can do earlier i can do later i'll even do it during my vacation

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the next week if i have to when you say earlier you mean earlier in the day or sooner the date

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sooner an earlier date i meant earlier in the week so um what about the sixth

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So, what about the 6th, which is next week, Thursday, a week from this coming Thursday?

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Gives you seven or eight days, eight days, roughly.

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Well, my schedule is open on the 6th, but I would defer to the RCO about whether they could get the Zoom meeting in time.

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But I could do the 6th, yes.

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Is there someone from the RCO who can speak to that?

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I mean, again, as bad as the virtual stuff is, we can, you can really get people together a lot

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quicker. True. Mr. Chairman, I'm not sure whether Patricia Freeland or Justina Navarro are on the

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line, but that week would actually work much better for my schedule. I won't have much internet

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access on the 13th. It's the two days of vacation I have scheduled for the summer happened to be

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then and i'm gonna happen to be when i'm not clear does the six six i i'm saying the six works much

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better for my schedule all right then we're all on the same page okay mr miller yes we're gonna

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hold it it's roughly eight days or so all right and then we'll get back so uh calendar number

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let me see if i have it here what's that calendar number confessor give it

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2nd calendar number 39837 2000 spring garden street okay calendar number 39837 2000 spring

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garden street is continued till august the 6th at what time are you going to do this time in 9 30

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10 o'clock 10 o'clock and that'll be a special correct yes yes great okay everybody agree agree

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all right thank you all thank you very much thank you good afternoon thank you

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i think that's it huh let me see

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oh we got yes that's it oh that's it i'm looking at the other sheet okay sorry but

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all done Tanya yes chair it's a wrap thank you guys tomorrow all right thank you everyone

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Be safe.

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Stay safe.

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Bye-bye.

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