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Hearing video

ZBA Hearing - December 1, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20214h 59m

we are recording

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are we three two one yet

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we're recording now chair you can go forward in about a minute okay thanks

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we have about 16 all together you can go forward when you wish thank you good morning my name is

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Carol Tenere and I'm the vice chair of the zoning board of adjustment. I'll be participating in

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today's hearing along with board secretary Confessor Plaza and board members Thomas Holloman and James

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I'm sorry can we have a roll call? I know I went too fast. Confessor present. Thomas Holloman

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present. James Snell, present. Bill Bergman, present. Board Administrator Tanya Sumpkit

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and Jason Han are also present. Board Attorney Sharon Saleta is in attendance. Also joining us

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this morning is Bill Bergman, our new chair. For those of you who haven't yet participated in one

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of our virtual hearings, I'll go through some of the basics of what you can expect. First,

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we will be administering oaths to individual participants prior to their testimony. Second,

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we'd like to advise everyone that this proceeding is being recorded and that by participating

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you acknowledge your agreement to be recorded. This is available to the public by contacting

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tanya sunkett at tanya that's t-a-n-y-a dot sunkett s-u-n-k-e-t-t at philadelphia.gov

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third for anyone participating by phone if you wish to testify you must raise your hand by hitting star

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nine then star six to unmute yourself to enter an appearance statement call 267-270-5548 and leave

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your email address and address of the property at issue. I'll repeat that. You must raise your hand

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by hitting star nine and star six to unmute yourself and to enter an appearance statement

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call 267-270-5548. Four, if you are an LLC, an LLP, or religious organization, you must be

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represented by an attorney. But the question and answer box is not for testimony. Excuse me. Any

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comments are to be directed to Ms. Tanya Sunkett. I go right to the continuances.

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No, the add-on, Madam Chair.

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I do that every time.

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No worries.

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Okay, for today, we have two cases, three cases that have to be voted.

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Calendar number MI-2021-002634, 326 Roxborough Avenue.

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My vote is no.

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Professor Plaza, my vote is no.

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James Snell, my vote is no.

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Thomas Halliman, my vote is no.

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Calendar number MI-2020-001841, 3469 Crystal Street, my vote is yes.

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Professor Plaza, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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calendar number mi-2021-003186 2039 east york street i was not present to vote that it's

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jim tom and confessor confessor plaza my vote is no to reconsideration

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james snell my vote is no to reconsideration thomas halliman my vote is no to reconsideration

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thank you and i'll move on excuse me with the continuances

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calendar number mi that's number three on the regular list at 9 30 mi 2021 002829

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mi 2021 002829 123 north 53rd street that case has no exhibits and it will be continued and it's

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a must be heard number eight calendar number mi 2021 i'm sorry i hate to interrupt that's okay

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but it appears as though we have an attorney's hand up for that one mr young if he could be

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allowed to speak as you wish. Okay, that's fine. Is that Jeffrey Young? Yes. Okay.

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Jeffrey, you can unmute and wait to be sworn in.

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Mr. Young, can you hear me? Yes, yes, I can hear. Hi. Hi. Can you put your name and address on the

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record and spell your last name and i will swear you in jeffrey young 3900 ford road suite b

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philadelphia pa 19131 uh youngest spelled y-o-u-n-g do you swear for him to tell the

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truth and nothing but the truth uh yes okay and you're speaking on um 123 north 53rd street

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Yes. Exhibits were submitted over the holiday weekend, and we actually just had our RCO meeting last night, which was a cause for a delay in the exhibits being submitted.

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But we do have a support letter from the 44th Ward RCO.

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Excuse me, this is Sharon. This is 2351 North 31st Street we're talking about?

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uh 53rd number three at 9 30. no i'm sorry

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that's correct right jeff yes 123

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north 53rd and this is sharon jeffrey you're saying that you submitted exhibits uh yes exhibits

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were sent to um let me i can check the exact email but the exhibits were submitted to the

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uh rcozba um email address was it was i copied um let me check here shannon's

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um i'm sorry shannon i do not believe you were copied on that on that exhibit i'm sorry i can

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forward it to you at uh now okay um the board's call then on whether to go forward i'll check to

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sure to be sure that the exhibit packet is complete okay if it is complete it won't be

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continued the case can be heard so the only thing missing from our exhibit packet again is the RCO

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letter which we just received this morning but I can I'll submit that to Ms. Saleta as well

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okay so Ms. Saleta that would mean that everything is completed and case can be heard well I haven't

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looked through the exhibits yet, assuming everything is there. Okay. Thank you. Thank you,

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Mr. Young. Thank you. Number eight, calendar number MI 2021-002835, 2351 North 31st Street.

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This is a continuance requested by the applicant's attorney, and the continuance is granted.

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Number 10, calendar number MI-2021-002652-4225 Viola Street.

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Another continuance requested by the applicant's attorney, and that's granted.

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Number 11, calendar number MI-2021-002840-5511 Spruce Street.

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Another continuance requested by the applicant's attorney, and that's granted.

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Number 12, calendar number MI-2021-002828, 6516-20, Upland Street.

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Another continuance requested by the applicant's attorney, and that's granted.

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And finally, number 14, calendar number MI 2021-002848-7106 Castor Avenue, continuance requested by the attorney for the applicant in order that the applicant meet with the RCO, and that's granted.

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Does anyone in the virtual audience have any objection to those continuance read out?

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Madam Chair, I see the Strawberry Mansion Community Concerns hand raised.

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I will allow them to speak at this time.

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Thank you.

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Thank you.

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Hi.

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Hi.

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Bye.

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

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Spell your last name and I'll swear you in.

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My name is Bonita Cummings, Strawberry Mansion Community Concern Director, RSEO.

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Okay, in which case are you speaking about?

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Well, I was speaking about an address.

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Just give me the address.

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2601 West Huntington Street.

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okay well that hasn't been heard yet so we'll hear that later well we it was supposed to be

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a continuance so that's why i raised my hand according to the meeting we had of the attorney

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we in the community asked for continuance for that i'm sorry i'm sure oh okay number nine

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this is verne anastasio's case um if verne is present and could respond

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did i miss a swearing name miss cummings i i am going to swear her in yes and could she spell

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her last name please miss cummings can you spell your last name and i'll swear you in c-u-m-m-i-n-g-s

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do you swear for him to tell the whole truth and nothing but the truth yes thank you

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i guess we'll wait to call good morning good morning madam vice chair i don't know if you

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can hear me i can can you put your name and address on the record spell your last name

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and i'll swear you in of course thank you good morning it's verne anastasio a-n-a-s-t-a-s-i-o

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1315 walnut street suite 1006 philadelphia 19107 madam chair one second you swear or affirm to

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tell the whole truth and nothing but the truth yes of course okay you may proceed thank you i

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believe uh madam vice chair asked if anyone had a comment or concern about the list that was

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already called yes and that's right and that and that's why i did not raise my hand because

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that wasn't what you asked us to do so but uh since miss uh cummings has raised her hand

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um i do respectfully request a continuance on 2601 west huntington in order for us to meet with

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the RCO. Okay, great. So, thank you. Calendar number MI-2021-002020-2601 West Huntington Street.

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This case is continued. And at this point, I will now turn the hearings over to Bill Bergman,

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or new share. Good morning, everyone. Thank you, Carol, very much. Sure. Go right to case number

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one, MI-2021-002849, 1203 North 41st Street. It's Mr. Anastasio. You've already been sworn,

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and for the record, the RCO has sent a letter of support. There's also a revised plan of one page.

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Mr. Anastasio, Carol has a few questions for you.

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Hi, Mr. Anastasio.

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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, a copy of the refusal or referral, photos and 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 that.

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You may proceed.

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Thank you.

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and welcome mr chairman thank you thank you okay this is um 1203 north 41st street

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it's for the construction of an attached structure for the use of it as an eight family dwelling

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unit and a household uh living size and location uh to be determined on the plans we have of course

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it's a zone in RSA 5 which is why we're here for the eight units and we are slightly off

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the minimum open area. You'll see that, I'll pull back here, it's ostensibly two buildings

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with sort of an interior courtyard and these are the plans that the KJO architectural team

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will go over with you. But first, I just wanted to show you some of the photos that we have

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of the lot in question. There's a lot of vacancy in this particular area, a lot of underdeveloped

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and undeveloped land that desperately needs some vitality.

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that desperately needs some vitality and some density.

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The neighbors agreed to that approach.

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They would like to see it become a viable neighborhood

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with lots of folks, again, living in the area.

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This is the RCO letter that went out.

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Here is a proof of mailing to 93 separate individual households.

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Here's the letter from Centennial Parkside addressed, let me zoom in a little bit, of supporting the applicant's request for the variance for the application 2021-005-931.

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one um and with that i am going to there's a revised first floor

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that i'll pull back on first

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and i'm going to ask uh kevin o'neill or olivia from his team or both to raise their hands and

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They will walk you through the actual building, and I'll do the scrolling for them.

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Mr. O'Neill has been allowed to speak.

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Thank you.

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Kevin, could you state your name and spell it for the court reporter, please?

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Yes.

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Good morning.

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Kevin J. O'Neill, K-E-B-I-N, J. O'Neill, O apostrophe, N-E-I-L-L.

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

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Yes.

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Proceed.

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Kevin, if you would just walk the project through for the board, and we can start wherever

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you'd like me to.

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Okay, so essentially we have a neat unit building.

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We're proposing two units per floor, so this is a four-story building.

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As Vern mentioned, we are in an RSA 5 zoning district, but we're surrounded by a lot of

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RM1 zones and also a lot of commercial mixed use zones. So we feel that on a lot with on a on a

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parcel with a lot of vacant lots on the block, we feel it's still an appropriate use to propose

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multifamily here. So the the primary variance we're seeking is for is for the use. We have

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again, we have the two units per floor, the ground floor is both of those units will be accessible

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units access from the street so that those will both be wheelchair accessible and then there's

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a similar layout as you go up each floor is essentially the same. We do have two stair

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towers so we're meeting all applicable building codes there for life and fire safety and

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we're also providing a courtyard in the center of the building which will provide

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light and air to all of these units. So each unit has ample windows on both the front and the rear

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of the units. And we also note there is no living space in the basement whatsoever, just storage

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and building mechanicals in the basement. Happy to answer any specific questions that you might

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have. Kevin, this is the lot as it currently exists, is that right? Correct. And it's surrounded

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primarily by rm1 mixed use to even some industrial is that correct i'm i believe there's uh commercial

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mixed use and rm1 and then rsa5 if i'm not mistaken there might be some uh industrial i'm

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not sure if there is right on that block or not that's correct okay but in the in this general

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area here yeah we're talking about and here's our prop here's our lot right here yes okay great

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With that, I'd like to call my client, Faiz Serrano, to be promoted in order to put her on the record.

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Could you please state your name and spell it, please, for the court reporter?

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Please raise your virtual hand so you may be sworn in.

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she says she's on as of 9 38 this morning so sorry can you guys hear me now

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there she goes i'm so sorry okay my name is taylor serrano it's t-h-a-i-s s-e-r-r-a-n-o

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

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yes i do proceed thank you mr chairman miss serrano did you hear my presentation to the board this

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Thank you, Mr. Chairman. Ms. Serrano, did you hear my presentation to the board this morning?

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morning

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Yes, I did.

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And subsequent Mr. O'Neill's description of the project in question?

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Yes, I did.

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Was it all accurate and true to the best of your knowledge?

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Yes.

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And will you adopt it as your own testimony?

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Yes.

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Thank you. I have no other further question, anything to add. We're open to questions and

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And I would like to move this exhibit and all testimony into evidence.

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Thank you.

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Question from the board.

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No, Mr. Chairman.

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No.

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Any other people in the audience have any testimony or questions concerning this?

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No further hands, Mr. Chair.

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Planning Commission.

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Good morning, Mr. Chair. Ian Hegarty for the Philadelphia City Planning Commission. Last name is spelled H-E-G-A-R-T-Y.

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

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Yes, sir, I do.

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Thank you. So, members of the board, in 2014, this slot was rezoned from RM1 to RSA5.

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This was done in accord with recommendations from the comprehensive plan and with the support

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of the community. The RSA 5 zoning on this site was an intentional decision to establish single

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family use on this block face. The applicant's not established a hardship here. With respect to

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