civus
Hearing video

ZBA Hearing - December 1, 2021

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

the Councilwoman does support this various request.

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does support this variance request thank you thank you very much

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Thank you.

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Yes, Mr. Sloan.

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okay thank you chair there's no other people who wish to speak

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the planning commission would like to put a position on for this

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if you will planning commission yeah well

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no you have not all right do you swear or affirm to tell the truth the whole truth nothing about

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the truth i do and will you state your name and spell it for the court reporter sure my name is

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Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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I'm with the City Planning Commission.

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El señor Ron Bednar acaba de hacer su jurar decir toda la verdad

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y dice que viene de la ciudad, del planeamiento de la ciudad,

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de la Comisión de Planeamiento.

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So this property is currently indicated for residential

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in the city plan, but given the site conditions,

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we recommend that the request of variance be granted.

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Thank you.

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I'm sorry, Chair, could you just swear him in

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after the fact, just to be on a record?

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Okay, all right, I did swear him in before,

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but I'll do it again, okay?

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Do you swear for him to tell the truth,

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the whole truth, nothing but the truth?

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I do.

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Thank you.

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Thank you so very kindly, interpreter.

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Thank you so much for your kindness and the word you do.

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Mrs. Tania, if you wanted to resume

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what Mr. Ron

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said right now

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Yes, and then you can depart if you wish

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Yes, thank you so much

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I will

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Thank you

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Thank you so much for your kindness everyone

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Thank you so much for using our services

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Thank you so much

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Okay, bye-bye

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Bye-bye.

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Bye.

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Thank you.

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All right.

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So we're going to go to case one that we have, MI 2021-003-775-1215-17, Addison Walk.

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Revised plans.

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No RCO letter yet from the Washington Square West Civic Association.

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Attorney's Catherine Misumer, you were sworn in before, and the Vice Chair will have some questions for you.

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Hi, Catherine.

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Hi, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I agree to waive the reading. I just have two quick clarifications.

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one the minimum lot size in the center city overlay district is 1080 rather than 1440 square

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feet as cited on the refusal and two we believe the refusal errantly has a typo they're stating

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zero rear yard when there's five foot rear yard proposal okay have you emailed the exhibit packet

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with proof of ownership tax compliance refusal referral photos under plans of the property five

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this in advance of this hearing and have you met with the RCO and do you have a letter?

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Yes, to all of the above. Great, you may proceed. Great, thank you. This property is located at 1215

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17 Addison Walk. I am here on behalf of the owner. With me today is owner's rep Brian Zubek

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as well as our project architect Gabriel Deck. We are here with a proposal to relocate the lot

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lines of the existing corner lot at KMAC and Addison Walk to create two lots from the existing

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one lot and the new construction of a single family home on each lot. You have letters of

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non-opposition from both Council Member Squilla which you should see on your screen now as well

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as the Washington Square West Civic Association. I believe it was mentioned earlier that it had

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not been received yet but the non-opposition letter has been submitted both to the board

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and the RCO ZBA address as well. We also include a strongly worded letter of support from the

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near neighbor at 414 as well as 416 South Camac Street directly located across Camac Street from

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this corner property. He is unable to attend today but does send his strong support for the project.

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So again, this is 1215-17 Addison Walk at the corner of Camac and Addison Walk in Washington

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at the corner of Camac and Addison Walk in Washington Square West.

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Square West.

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Property is zoned RSA 5. This is a overhead view of the relocation plan. It's an existing

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one lot at this corner. We are proposing to create two smaller lots. You'll note that there is a

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reserved easement in the rear of the properties. This allows egress from the existing apartment

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building next door. At one time, this lot was part of that lot as well, so they have retained access

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to an egress stair that does fall within the property boundaries of this property.

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These are a few surrounding area photos. As you can see, this is a beautiful brick tree-lined

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enclave in the city. It's a very tight-knit neighborhood with small walkway streets.

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This is nearby properties. This yellow shaded area is the actual site. This is looking down

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Kmack and this is Addison Walk. Another view. This is the site plan as you can see. Two single

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family homes. Again with that rear egress for the apartment building next door. A five foot rear yard

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for each home and then an egress through between the homes to Addison Walk.

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These are just the layouts of the homes.

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You'll note the material is very important in this neighborhood as well.

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We did stick with the historically significant brick look, as well as the mansard roof that

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you do see on the surrounding area photos.

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So this property consists of over 1700 square feet.

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It is almost double the size of the neighboring lots.

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By proposing a subdivision here, we're able to bring this lot within conformity. As you can see,

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we did a quick survey of surrounding lot sizes. Our two lots are proposed at 872 square feet and

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887 square feet. You'll see that the majority of the lots in this area are well below that,

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some by even 200 square feet. The proposal also includes the new construction of a single family

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home on each of those new lots. Again, we propose to use like and kind materials, including both

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the brick and the mansard roof. Our proposal does generate two minor dimensional variances

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for each of these proposed lots. First, the minimum lot size. As discussed initially,

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RSA 5 does typically require a lot size of 1,440 square feet. Certain sections of the city does

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allow for lots in excess of 1,600 square feet to be subdivided, so long as each subdivided

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lot is 800 square feet. In those cases, this would be a by-right subdivision. However, because we are

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in the center city district overlay, we are required to provide 1,080 square feet for each

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new lot. Again, we feel that because these surrounding lots are well within the context of

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what we're proposing here at 872 and 887, we think that we are proposing a subdivision that really

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brings us into conformity with the surrounding lots. Absent a subdivision here, a buy-write

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project could consist of a 5,000 square foot, 38 foot high house, which neither the neighbors

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or the property developer really think makes sense. The second request is for rear yard

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refusal. Again, if we go back to the site plan, you'll see this is sort of a unique

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scenario in that not only do we have a five foot rear yard for each of the homes, there's

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also an additional four foot area that is not technically included in the rear yard calculation.

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That's because it is reserved for the easement, but it does provide over nine feet based on the

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five foot of the rear yard and the four foot easement between these properties and the apartment

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building next door. So we do have the effect of a nine foot rear yard here again, but technically

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L&I would not include this easement area. So there is showing a five foot rear yard on each.

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these are both minor dimensional variances it's the board as the board is aware this standard for

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dimensional variances is much lower using the hertzberg standard as a reasonable adjustment

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of the code is what is required to utilize the property conformity with the neighboring parcels

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this project as i'm sure you will hear today has evolved extensively through the community process

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As the RCO will attest, the developer has met with the full community on two separate occasions as well as a separate meeting with near neighbors.

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It should be noted that prior to our initial meeting with the neighborhood, a neighbor circulated a petition in opposition to this project.

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Prior to anyone seeing any plans, any design, or any presentation materials for the project,

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That petition errantly cited only the lot line relocation and the erection of structures.

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that petition errantly cited only the lot line relocation and the erection of structure.

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Since several meetings have taken place...

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If I can interrupt for one minute.

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We did today receive an email and a letter in non-opposition from Councilman Squilla's office.

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In the email, the petition was attached, but they know there's a petition and map attached as well.

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But we believe the issues these neighbors had were resolved by the applicant.

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Excellent.

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I was going to say many of those signatories have now supported the project.

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So I think that does show that the petition was early in haste and predated any explanation of what the proposal here was.

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Kate, one thing, I still am unable to find a copy of the RCO letter.

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And in the councilman's letter, he refers to requested provisos.

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So I apologize if you have already pulled that up.

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but could you at some point do it again so that we know what the requested provisos are?

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I believe they're in the councilman's letter as well, but I will pull up,

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see if they're set here. You can see the height and massing to be consistent with plans presented

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on 11-23. Those are the revised plans that the chairman referenced in the reading introduction

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of the case, as well as a development agreement, which I'm going to get to in my discussion.

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Okay, to proceed? Yes. Okay. As we discussed, the petition bears little weight on the discussion.

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While the bulk of comments from the neighbors really related to design and massing of the

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proposed structures rather than the requested variances, in the interest of being a good

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neighbor and in long-standing relationship with this particular area of the city, the developer

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has really shown a commitment here to the neighbors. There was willingness to alter some of

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these by-right, otherwise by-right features of a design to be responsive to their concerns.

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By way of example, the by-right height in the RSA 5 district, as you know, is 38 feet.

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We have voluntarily reduced the height of these buildings to 31.4. We have also reconfigured the

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proposed entry on the home at the corner from a corner entry to a front door on Addison Walk.

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We've also reconfigured some of the window sizes to be more appropriate to the neighborhood

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context. And we've also added additional windows along the South Camac Street side as well.

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As mentioned in the provisos requested by the neighborhood, the near neighbors also requested

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a developer commit to certain terms and conditions of construction while again outside the

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purview of the zoning board. We have voluntarily signed that agreement. So my client has executed

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that agreement as drafted by those near neighbors and is willing to commit to working with them

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throughout the construction process, as we know that this is a delicate neighborhood. There's

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some historic streets to preserve, and there's some interesting concerns here that you may not

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have in other neighborhoods of the city. Obviously, this proposal is not detrimental to public

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welfare as evidenced by both the councilman and RCO letters of non-opposition. We respectfully

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request the board grant the requested variances with respect to the revised plans as presented

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today. I'll just ask that my client Brian Zubek raise his hand so that he can be unmuted.

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Mr. Zubek has been allowed to speak. Mr. Zubek, could you state your name and spell it for the

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court reporter? Yes, sir. Brian Zubek, B-R-I-A-N, last name Zubek, Z as in zebra, O-U-B as in boy,

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E-K. Thank you. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir. Thank you. Brian, have you heard my testimony today? Yes. Would you agree that it's

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true and correct? Yes. Would you agree to adopt it as your own? Yes. Thank you. We're available

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to the board should there be questions our architect is also available should there be

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questions on the design or the revised plans questions from the board no no

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okay um questions from the uh from the virtual audience any questions

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okay no hands mr chair planning commission this is uh ron bednar city planning property is

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indicated for residential use on the city plan given the um existing site circumstances we

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recommend the quest for variance be granted mi 2021 003775 12 15 17 addison walk i vote yes

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Carol Tenere, my vote is yes.

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Confessor Plaza, yes.

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Professor Plaza, yes.

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Thank you all.

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Thank you.

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Thank you very much.

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MI 2021, 002884, 1714 Bainbridge Street, A, Kimberly Mangrini, RCO South of South Neighborhood Association has a letter of support.

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Ms. Magrini will be coming back in as a

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panelist. Excuse me, this is Sharon. We did not, however, receive

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exhibits for this property. I'm aware.

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I'm sorry. Hi, this is Kim Magrini.

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I apologize. I've lost my voice. I emailed exhibits on Friday.

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Can you please spell your name to the court reporter? Yes.

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Kimberly K-I-M-B-E-R

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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. Thank you. My last name is Magrini, M-A-G-R-I-N-I. I emailed all of my exhibits

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on Friday afternoon. Ms. Magrini, this is Sharon Saleta. Was I copied on those emails?

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Let me check. I emailed it to the three emails that were in the packet I received.

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okay hold on also ma'am uh the package had been uh submitted five days prior to this hearing

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yeah that friday was five days ago i sent it to rcozba at phila.gov

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sletta zba at gmail.com pcp.zoning at phila.gov jason hand and copied my architect

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i'm happy i'll have to check it maybe it went into my spam folder i will look for it now

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Thank you.

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I'm happy to forward as well, if that's helpful.

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If you could, that would be helpful.

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Thank you.

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Ms. Saleta, I'm sorry to interrupt.

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This is Tanya.

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Ms. Saleta, I'm looking at the email that was sent to all boxes, as she stated, along with the PCPC.

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Okay.

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Thank you.

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Thank you.

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And I would respectfully ask, since I'm having some difficulty speaking, I have my architect here today and was wondering if she could give the presentation and share her screen.

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to discuss the plans. Sharon if it's okay I would ask that if you can begin the presentation

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