civus
Hearing video

ZBA Hearing - December 1, 2021

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

As you'll see in my presentation, the plant is significantly set back from Rose Hill in an effort to minimize any particular disturbances that may result as a result of the use.

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Again, we wanted to make sure that we were really considerate and were replaced this particular plant.

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So we do have photographs of the lot prior. As you can see, the fence was pretty dilapidated. It wasn't in the best condition.

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So here's a view from Tioga Street.

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And here we have another view from C Street, as well as from East Ontario Street.

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Again, the property really was in a state of disrepair prior to my client taking over the lot.

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And upon purchasing the property, my client did a lot of clearing and grubbing of the area, really in an effort to make sure that the property was in a better state.

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They are from the neighborhood.

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They wanted to make sure that they were good neighbors in the maintenance of the property.

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so they included a new fence. As you'll notice here, there is an existing curb cut that my client

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will be continuing to use for this particular plant, and here we have an aerial view as well

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along East Tioga, C Street, and East Ontario Street, and Rose Hill Street would be along here.

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As you can see, there is a significant distance between Rose Hill and where my client would be

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placing the particular structure, which we have the aerial view right here. A rough estimate would

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be about 100 feet apart or separate from the start of Rose Hill Street.

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So here we have a view, an aerial view of the site plan, again, Rose Hill Street being

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the closest residential, and as I mentioned, we are significantly set back from Rose Hill.

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Here we have the actual structure, I would estimate about 100 feet away from Rose Hill.

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just going to zoom out a bit and we did meet with the community did express support and

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appreciated the fact that we were considerate in placing the structure in addition to our hours of

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operation which would be from 7 a.m to 5 p.m um this is not an intensive use in that it takes

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about seven minutes start to finish to make the cement and to get the trucks loaded my client

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anticipates to have about 20 lows a day at most. The cement plant is solely for my client's use.

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He is not creating cement for the use of others. Some of the clients include the city. So we really

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want to make sure that we're providing quality work products. A rough walkthrough of how the

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cement plant works. So the materials are loaded here. I'll just zoom in a bit so it's a bit more

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visible. The materials are loaded in here. They are mixed. They go up and through the structure

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here, and they are placed into the mixing truck here, which is below. There would be a small

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office located in the space as well. Again, we are looking to hire local. This entire process

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takes about seven minutes, so it would not be something that would be intensive or an ongoing

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use throughout the day. We plan to close at 5 p.m. Some days we're sure that it would close a bit

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earlier because we're only anticipating about 20 lows per day. And here we have an aerial view

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again, we're significantly set back just from the property line itself. It's about 44 feet from

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Rose Hill. There is another lot that's adjacent to us that's about 56 feet in length, so about

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100 foot away from Rose Hill Street. And here we have an example of the structure just to provide

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more flavor and characterize to what it is that we are looking to build here. And we did send out

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the notice on October 5th for the meeting on October 21st at 6 p.m. We included the

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Zoom information, the link, date, time, as well as the passcode, and a copy of our refusal.

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In total, 169 properties were notified, a list of the properties that we did send that notice

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out to on October 5th, as I mentioned earlier, and our certificate of mailing, showing that

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needs a cement notice to each of the properties required by the city.

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And here we have the D showing that my client, Cruise General Construction, owns the lot.

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They've been in business for about 50 plus years now, so they're very familiar with what's necessary

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To facilitate the responsible use of a cement plant, here we have the application for appeal, as well as the refusal.

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to facilitate the responsible use of a cement plant.

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Again, the property is known as I-2.

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The cement plant is considered intensive industrial use, although, as I mentioned, this is not an ongoing use of legal alone all day.

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Our hours of operation are from 7 to 5.

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The process from start to finish takes about 7 minutes, and we anticipate about 20 loads.

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Our project information form, our certificate of tax clearance, and I would also like to mention that in an effort to be good neighbors, we did agree to repair the sidewalk surrounding the property because that was a source of concern for the neighbors as well.

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So with that, if I can have my clients, Lewis Cruz and Kevin Kwaninski raise their hands,

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if it is at my testimony.

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Mr. Cruz had his hand raised.

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I have allowed him to speak.

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Good afternoon.

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Hi, Mr. Cruz, could you state your name and also spell it for the court reporter?

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Yes.

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I'm sorry, sir.

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Do you have on two devices?

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Yes.

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You have to mute one.

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We're getting feedback.

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Could you mute him, please?

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Yes.

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I'm sorry.

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He cannot go forward unless he only has one device because of the feedback.

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so as an officer of the court i would stipulate that my client would adopt my testimony that's fine

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questions from the board yes mr chairman is the site plan does it have uh

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landscaping fence sign indicated on it yes it does we also do have a retaining wall

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Can you show the site plan again?

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Yes, of course.

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Can you show the site plan again, please? I didn't see it.

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Of course.

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So I'll just zoom in here.

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So as you can see here, we do have the retaining walls here as well as here.

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This is a lot that is next to us.

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And then we have the existing curb cut here as well as the fencing along here.

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is that new fencing it was fencing that we've sent to the place yes yes and landscaping is

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a new landscaping we just did clearing and grubbing say that again there's no we just

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cleared the lot there's no additional landscaping that's been made do you have a plan for landscaping

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as of right now no we do not have a plan for landscaping

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do you have signage there is no signage now again my client is looking to create the cement

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for his own use this isn't something that would be available for public use he's not selling this

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to other individuals either thank you of course other questions from the board no no no

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So, people in the virtual audience, any questions from there?

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Mr. Sloan, folks, as his hand raised, I have an item to speak, sir.

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Thank you.

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Good afternoon again. Sloan, folks, Office of Councilman Maria Quinones-Sanchez from 508 City Hall.

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the applicants uh having met with the coordinating rco and having received a letter of support

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again the councilman offers no opposition to this various requests thank you thank you mr folks

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anyone else in the audience

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there are no left chairs don't have the hands mr chair planning commission mr chair members of the

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board this is mason austin representing the planning commission the property is designated

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for medium industrial uses in the comprehensive plan and its zoning matches that designation

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proposed use is considered intensive industrial and could impair the use of the adjacent industrial

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adjacent residential properties given this as well as a lack of hardship staff of the planning

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commission represents against granting the variance however if the board does grant the

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variance staff further requests that it be done with the proviso that the facility be constructed

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and limited per the plan submitted to ensure adequate setback of operations from residences

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if ownership changes. We'd be happy to adopt that proviso. Excuse me, the board unfortunately cannot

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add that proviso. They are required to construct it in conformity with the plan so it's really not

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construct it in conformity with the plan so it's really not necessary they would have to come back

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Karen do we want to vote on this oh you can vote on it I just would recommend against adding the

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proviso. Okay. MI 2021-003535, 332 East Tioga Street. I vote yes with no provisos. Carol

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Tenere, my vote is yes. Professor Plaza, yes. James Snell, yes. Thomas Holliman, my vote is no.

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Thank you. Thank you.

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MI 2021 003555 337 titan street councilman school letter and non-opposition refers to

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an rco letter in support brandon gassini gassini it's a per se case

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chair this is sharon this is the case we discussed this morning we do now have all

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required exhibits thank you that's that's good thank you

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uh can everybody hear me yes could you state your name and spell it for the court reporter

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sure my name is brandon gussoni b-r-a-n-d-o-n-g-u-s-s-o-n-i

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Okay.

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Our Vice Chair has a few questions for you.

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Yes.

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Hi.

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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 or plans of this property five days in advance of the hearing, and have you met with the RCO, and do you have a letter?

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I have done all those things, except it was not within five days.

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I was waiting for the RCO letter, and I didn't email until Monday with the information.

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Well, I think you still may proceed.

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I appreciate that.

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Thank you.

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May I share my screen?

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Sure.

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Attached here is the, can everybody see my screen now?

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Not yet.

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Here it comes.

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We have it.

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Okay, great.

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Thank you.

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Attached is the refusal.

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I don't take any exception to the refusals.

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I'm sorry, Brandon.

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Could you just enlarge it, Mrs. Tanya, so that all can see?

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Thank you kindly.

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Oh, not a problem.

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Thank you.

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The refusals were about rear lot line and rear yard, nine foot.

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We're looking for seven foot and minimum distance from the side lot lines of 18 inches.

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um the zoning notice for today's meeting uh my original application for appeal with information

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uh project information form deed and tax clearance uh did receive as mentioned a letter from

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councilman squill of non-opposition and a letter of support uh from the pensport civic association

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uh mailing list and certificate of mailing and the request uh for the plans is there we have

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we had a structural engineer come through and let us know that we have a single story i guess

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the best place to start would be uh with this our house here is where my mouse is right now 337

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titan street and this single story kitchen uh is uh the edge the back edge of the kitchen is seven

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feet away from our rear yard lot lot line and the structural engineer uh indicated that have to take

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structural foundations through um our uh our kitchen to make that foundation support so we

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have to tear apart our kitchen which provides a hardship for that we are looking to make the

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foundations in line with the back edge of the kitchen which would be seven foot from the rear

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yard lot line and the other issue that we have is the 18 inches and I'll go back to

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the drawing here and let me zoom in

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our issues here is that if i move this uh these in 18 inches off the side lot line uh they would

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be right in the middle of our uh walkway at 18 inches is about just about half of the side yard

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so uh we are looking to get that change to or the variance approved so that we can uh keep the

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change to or the variance approved so that we can keep the vertical posts just inside of our

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uh,

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property lines and the rear yard lot line from seven foot to nine foot it's a two-story deck

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that comes out of our third the first level comes out of our third story and then there's

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second level that goes up to the upper deck that is the long and short of our request are there any

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questions no questions from the board no mr no um questions for anybody in the in the virtual audience

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There are no hands, Mr. Chair.

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Planning Commission.

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Good afternoon.

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My name is Greg Waldman from the Planning Commission staff.

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Can I swear you, please?

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Sure.

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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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Thank you.

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And I'm sorry, Greg, if you could just spell your name for the record, please.

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Certainly.

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It's G-R-E-G-O-R-Y, last name Waldman, W-A-L-D-M-A-N.

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Thank you kindly.

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This property is designated for a single family residential in the comprehensive plan and its

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zoning matches that designation.

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While there is no hardship, impact will be minimal and given the support of near neighbors

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and the RCO. Staff of the Planning Commission has no opposition to the granting of their requested

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variances. MI 2021-003-555-337 Titan Street, I vote yes. Carol Tenere, my vote is yes. Professor

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Plaza, my vote is yes. James Snell, my vote is yes. Thomas Holliman, my vote is yes.

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Thank you. Thank you very much, everyone. I really appreciate it.

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Okay. MI 2021, 003523, 4418 Holmesburg Avenue, RCO letter in non-opposition from the Holmesburg Civic Association. David Orfandis is the lawyer.

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He will be returning as a panelist, Mr. Chair.

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Okay.

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Good afternoon.

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Hi.

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

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Certainly.

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David Orphanides, O-R-P-H-A-N-I-D-E-S.

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I'm with the law firm.

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Orphanides and Toner.

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

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I do.

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The vice chair have a few questions for you?

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I'd be happy to answer them.

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Hi, David.

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Do you agree to wave the rating of the refusal and stipulate to its accuracy?

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It's actually a referral.

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Okay.

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If you show two referrals on it, then it is accurate, and I wait the reading.

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