civus
Hearing video

ZBA Hearing - May 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 19, 20215h 35m

Got to watch how you say that very fast.

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The 7-Eleven at the other end,

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and it's located directly across the street

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from Jardale Rec.

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Again, this is the existing garage in the rear.

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It's got a solid rolled down steel door.

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This would be the area in which

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the concrete cutting saw would exist.

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Again, the rolled down door.

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This is the driveway coming up from Cotman Avenue

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entering the property.

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this is the rear of the property in between the garage and the primary structure this was the

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location towards this fence where the shipping containers were and again they are gone they've

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been removed Cotman Avenue facing east Cotman Avenue facing west this is a picture of the saw

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it's all fully computer automated I point out it's a wet saw water is fed through the saw

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comes out a nozzle at the blade, which, number one, suppresses the sound, and it eliminates dust from the cutting of.

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which, number one, suppresses the sound and it eliminates dust from the cutting of the granite.

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Again, this is a detailed picture from the saw manufacturer.

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At the front of the garage door, there is a line drain that runs the extent of the opening.

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This would act as a catch basin for any sediment that would run down in the water. There is a

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backup trough and drain located over here. So whatever, if there's any overflow, it would be

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caught in the secondary drain, which has a custom-made steel trough that lays in there

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to catch any sand or sediment from the cutting of the granite. Again, just another picture of the

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soil would be located in here, and the water runoff would be caught by first this drain,

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and then second, the drain over at the top of the photo.

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Again, this is the secondary trough.

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These are copies of the permits that we've previously had.

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And basically, that is the sum and substance.

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The prior application was the owner-occupied,

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both the business and the dwelling would be occupied

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by an owner or immediate family member i would point out that marcella's father resides on

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premises in the dwelling and he acts as a custodian and you know a runner part-time employee of the

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business um and and basically with that i would submit that um it represents just a small expansion

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of the existing use that has been permitted by permit and variance so again the councilman's

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office is cognizant of the results of the meeting, although despite repeated requests,

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Berholm has not, and I understand they've been having difficulties with their meetings and

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whatnot. So based upon that, I would ask that if Artie has raised his hand, that he be

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brought in to verify and adopt.

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If need be.

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Yeah, I'm here.

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Artie, you've heard my...

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I'm sorry, you've got to be talking.

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Please identify yourself, first and last name, please.

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Sure, Artie Slumanji,

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A-R-T-I-S,

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I-S-M-A-I-L-N-J-I.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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Yes, I do.

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Artie, you've heard my representation,

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to the zoning board? Yes I did. Are they true and correct? Yes sir. Do you adopt them as your own

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testimony? Yes I do. Thank you very much. Thank you. Questions from the board? No. No. Anyone

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else would like to testify in this case please raise your hand. I see no handshare. Thank you

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Ron at the Planning Commission and please identify yourself and I'll square you in.

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Ron, you're muted.

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Can't hear you.

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Still can't hear him.

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Can't hear you.

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Still can't hear you.

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You're on mute.

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Now, you're not muted now, but we can't hear you.

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So I'm going to ask you a question.

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Do you guys approve this?

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If so, nod your head in the affirmative.

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I think he has a backup available, Chair.

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Is the backup there for Planning Commission?

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Yeah, there's David Munson.

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Hello, Dave Munson from the Planning Commission.

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Dave, please spell your last name and I'll swear you in.

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M-U-N-S-O-N.

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

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I do.

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Please proceed.

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Okay.

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Okay. While the property is currently indicated for single-family residential on the city plan, there appears to be an existing business as well as other commercial uses just to the west on Cotman Avenue. Therefore, we recommend that the requested variants be permitted.

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Thank you. Sharon and or Tanya, do we run the risk, if anything, if we approve it without the letter?

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nope that as long as everything was done as should you shouldn't have a problem but that's

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the call of the zoning board attorney no it should not be a problem okay and uh and mr chair i did

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submit uh earlier today a copy of my rca uh uh meeting notice with the address list and

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i just want to make sure that we don't run into a problem all right okay very good

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MI 2021-000377-1405-09 Cotman Avenue. My vote is yes.

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My vote is yes.

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my vote is yes my vote is yes my vote is yes my vote is yes thank you before we go any further

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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 i think i saw jeffrey up there again mr young is he back with us yes chair he's back

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and ready to go thank you tanya mr young

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no he was just

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in the interest of in the interest of time it seems like we're still having difficulties and

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I don't want to hold miss ask you up could we just vote this or do we need any more testimony

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from mr young um did you hear from the planning commission yet i don't like working now

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yeah yeah okay we're not sure if we heard from the planning commission at least i don't remember

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uh we want to go back to number nine on our list ron 433 west gerard but

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i'll swear you in before you do that okay so it's not your name and i'll

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identify yourself in our city plan

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spell your last name please d-e-d-n-a-r you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do thank you at 433 west gerard okay um i'm just gonna have to pull up

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that hold on a second sure i'm sorry chair would you mind if we hold one second if i can get

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jeffrey back on the phone at least he can hear um and be available for that would that be approved

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yep yep okay

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It wasn't Jeffrey.

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I'm sorry.

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I wasn't muted.

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chair um we do have jeffrey young available to listen in the planning commission is getting

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ready to give the recommendation jeffrey thank you okay thanks ron okay um comprehensive plan

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recommends this property for commercial mixed juice we believe that the applicant

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provided the proposed, proven the proposed eatery and drinking established will not

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have any impacts, negative impacts on the neighborhood. Therefore, we

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recommend that the requested special exception be ran. Thank you. MI 2021-000984433 West

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gerard avenue my vote is yes my vote is yes my vote is yes this is good my vote is yes

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okay okay mr young thank you i appreciate that i'm just having so many i don't know what's going

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on okay no problem number two on our list okay have we already no one's called that out right

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calendar number 0380 1420 North Oriana Street the attorney is Joseph Consul and we have a

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letter of support from Old Kensington Neighborhood Association hi good afternoon and good evening

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put your name and address on the record please and spell your last name Joe Consul how you guys

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doing consul madison you all get uh console that's c-o-n-s-o-l-e one west third street

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suite 204 media pennsylvania one nine zero six three thank you do you swear or affirm to tell

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the whole truth and nothing but the truth i do do you agree to wait the reading of the refusal

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and stipulate to its accuracy i do have you emailed the exhibit packet with proof of ownership

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tax compliance plans of the property and photos um five days in advance of the hearing and have

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you met with the rco and do you have a letter yes to everything thank you you may proceed

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all right joe consul here for 1420 north oriana street the owner is uh henry michael holmza with

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me is Mike and Katie Homza, the residents and couple that live in 1418 North Oriana,

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but own 1420 North Oriana. For the record, we've got our exhibits, we have the refusal, the RCO

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we've got our exhibits we have the refusal the rco uh letters photos and plans and the required

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So letters.

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uh documents including the tax clearance certificate proof of ownership um we are here

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uh for a refusal on 1418 for country that is actually might have a better picture for you

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down here. That is just this little lot here that this car is parked in. It's an approximate

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400 square foot lot next to the residence of Mike and Katie Holmes. They live in this property here.

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They own this little lot here that is being used as a parking area. We're here to legalize that

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space as accessory off-street parking to their home. This block of North Oriana Street has

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no on-street parking. It's got several variances approved, such as the one we're seeking,

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and then a lot of what ends up being backyards of properties that are not on Oriana Street.

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There's only a few lots that actually face Oriana Street, kind of down this side here.

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So that's the deal. We have this tiny lot here that we're seeking to legalize as a parking space.

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Here's a shot down the street, shot down the other side. Here's a plan showing the turning radius

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uh as as being sufficient um that all made it through streets with no with no issues

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and um we met with the rco and here's their letter uh we have support um and in addition to to that

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we have a number of neighbors that signed on that was sort of a prerequisite for for the rco meeting

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they wanted us just to talk to the neighbors and we got the um at least all the ones at front

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Oriana on or around we got their support and uh we got the RCO support we met with them a couple

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of times um that's really kind of the extent of of what I'm here for um I'll call my clients

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Katie Holmes off she's available

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any hands

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mr council yes sir yeah you being officer court will uh she's been about to talk sir

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oh okay thank you hi i'm here i'm identify yourself full names by your name please

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sure katie holmza k-a-t-i-e-h-o-m-z-a you swear or firm to tell the truth the whole truth and

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nothing but the truth i do thank you mr council

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mrs holmza uh have you heard my testimony today regarding your request uh do you adopt it as your

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own yes is there anything you'd like to add nope okay thank you i rest on that thank you

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questions from the board no no no one else anyone else would like to testify please raise your hand

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chair we have slone folks he's been unmuted good afternoon again mr folks you're still under oath

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but please identify yourself with the record.

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Afternoon, Chairman Chico and board.

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Again, my name is Sloan Fuchs, S-L-O-A-N-E, F-S-N-F-I-R, O-L-K-S,

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Office of Councilwoman Maria Quinonez Sanchez, room 508 City Hall.

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The applicant having met with the coordinating RCO

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and having received a letter of support as well as support from the community,

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the Councilwoman offers no opposition to this various requests.

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Thank you.

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Thank you.

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anyone else to testify? I see no more handshare. Thank you. Planning Commission? City Planning

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Ron Bednar. This property is indicated for residential use under city plan. The application

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appears to match the existing character of the block therefore we recommend that the

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request advance to be permitted.

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Thank you. MI 2021-0003801420 North Oriana 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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My vote is yes.

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My vote is yes.

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Thank you, Board.

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Thank you Board.

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Thank you.

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MI 2021-000-454-2538 Christian Street.

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Meredith Verlager is the attorney.

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And we have a letter of support from SOSNA.

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Hi, Meredith.

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can you put your name and address on the record and spell your last name of course good evening

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everyone meredith ferliger f-e-r-l-e-g-e-r 1500 market street suite 3500 e philadelphia pennsylvania

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

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i sure do do you agree to waive the reading of the refusal and stipulate to its accuracy

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, or referral,

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photos and or plans of the property 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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Yes, to all of the above.

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Okay, you may proceed.

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Before you proceed, Marith, I'd just like to break in.

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I apologize.

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I need to leave.

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I'll be leaving.

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I'm a little tongue-tied.

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I apologize.

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but i want to thank everyone for your work today especially those behind the scenes

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i'll see you all next week stay safe thank you okay frank thank you

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okay marlis you can continue thank you uh as you know the property before the board today is 2538

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