civus
Hearing video

ZBA Hearing - December 1, 2021

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

that that's fine mr um we can just if you can just email me the proof of tax clearance i also

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checked it on the revenue site so you're fine okay thank you all right so mi 2021 002717 2022

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north broad street i vote yes harold tenere my vote is yes 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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Thank you.

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Thank you.

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Let's go back to case five. Mr. Anastasio, are you straight now with the presentation?

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Let's go back to case five.

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Mr. Anastasio, are you...

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He doesn't appear to be back yet.

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Okay. All right. All right. So then let's go number seven. MI 2021-002654-2338 North 10th Street. Zen Jen again. I'm sure you've already been sworn. Carol has a few questions for you.

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Hi, Mr. Jen. Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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sorry guys he's going to be coming back in as a panel

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okay

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i do

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oh great have you emailed the exhibit packet with proof of ownership tax compliance

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a copy of the refusal or referral photos and or plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter yes to all questions okay great you

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may proceed. Thank you. If I, I'm going to go ahead and share with the board the information

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relating to this particular case. This, is this now up before the board? Yes. Thank you. So we

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have submitted the refusal RCO letter and related documentation. I'm going to go ahead and go to the

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refusal and address the concerns on that. This is a CMX2 zone district on North 10th Street and it's

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vacant lot. However, my client, based on what is existing in the area and based on the feasibility

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of a commercial unit there, has asked that the commercial unit be converted instead to a

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residential unit, and that is the proposal before the board. We have met with the RCO and received

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their support. As you can see, both the committee board and the attendees supported this application

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simply because in that area, currently, all development pretty much is multifamily.

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There is very, there's no real commercial activity on the block.

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This is the actual vacant lot in question.

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As you can see, it is sort of like a park in the past,

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and it is actually opposite of residential development that is currently happening.

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Because of this, our proposal, which is a standard three-story structure with brick facade bay and use

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each floor as a unit, was met with the community's support. I'm going to try to move the plans without

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jumping too much. I understand that on the screen it can be difficult to read. I'm also going to

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zoom in a little bit so it's easier for the board to see the actual proposal. The unit

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proposal is to have a unit that takes up both the cellar and first floor, a second unit that would

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be the upper floor which is second and third floor. My apologies. I'm gonna try to zoom back

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so it's easier to see the upper floors. And the second and third floor each would be its own unit.

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In understanding that outdoor storage of trash is generally preferred, we do have a small rear

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deck on the second floor and also a roof deck above the third floor allowing each unit to have

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their own respective outdoor space both to put trash prior to pickup as well as just having small

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outdoor space for anything they don't want to store within the unit itself. The basic layout

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of the units are two bedroom units and again the community felt that these are good large units

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that would fit the use of the neighborhood. So as a result we are asking for the board's favorable

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consideration in waiving the requirement for a first ground floor commercial unit and permit

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this to be used as a total of three-family dwelling. If the board would like to ask any

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questions or have me direct to any particular part of the exhibits, I'll be happy to do so.

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Thank you. Is your client here, sir? Yes, Mr. Could you adopt the testimony with him, please?

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Yes, I will. Mr. Chigai Bader, can you, I'm sorry, Mr. Gitterman, can you raise your hand, please?

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he's been allowed to speak could you state your name and spell for the court reporter please

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yes how are you everybody good morning my name is joseph gitterman g-i-t-e-r-m-a-n

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Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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you swear a firm to tell the truth the whole truth nothing but the truth yes i do

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Yes, I do.

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Proceed.

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Thank you.

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Joseph, you heard my testimony and saw the presentation I made to the board?

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Yes.

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Would you verify that it is true and correct and adopt it as your own testimony?

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Yes, I do.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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okay i will let her know any anyone in the virtual audience have questions or want to testify

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do you know has mr chair planning commission thank you mr chair ian hegarty for the philadelphia

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city planning commission members of the board the comprehensive plan recommends a zoning map change

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to rm1 at this location this proposed use is consistent with the proposed zoning and so the

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City Planning Commission recommends that the board grant the variances. MI 2021-002-654-2338

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North 10th Street, I vote yes. Carol Tenere, my vote is yes. Professor Plaza, my vote is yes.

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James Snell, my vote is yes. Thomas Howland, my vote is yes. Thank you. Thank you. Chair,

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this is Sharon. I had a text from Mr. Anastasio saying that he was having um trouble logging back

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on. I don't know if someone is able to help him with that. Okay. So the link won't work and he

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keeps being redirected to registration. Okay um do we have something that can help him with that

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or, I mean, Tanya?

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Is Pauline here today?

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No, she's not here.

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He would probably have to go back

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through the registration process.

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Wow.

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Any suggestions from you, Bill?

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No, I mean, I'm sorry.

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Oh, no, I'm sorry, other Bill.

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I'm sorry, Bill IT.

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What exactly happened?

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Sorry.

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So he tried to go back in, and it's taken him through registration, which is typically, I believe, what you're supposed to do, right?

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He was the one that was having computer problems, so he logged out, and then he was logging back in.

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The interesting thing was he had two or three cases before that.

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I will let him know that he should go through the registration process again.

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Yes, thank you.

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So we have one more case, I think, if I see what all the containers are.

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So I'm at MI-2021.

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Go ahead.

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I'm sorry.

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Can I interject a thought?

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He did say, Bill, from IT, that every time he hits register and fills it out, it sends him back to ZBA registration.

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So it's like a revolving door he can't get through.

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Any options for him?

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it's your call could i send him um could we send him maybe a one-time use for

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a panelist and yeah can you can you send me the uh just send me his email

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sure thank you kindly i'm sorry chair you can continue so why don't we do 13 while we get him

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set up um excuse me this is sharon i just spoke with mr anastasio and it's more complicated than

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that he said that he has been trying to um register again and that it isn't allowing him to do that

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do well do you want me to have any problem tanya would that help no um we're going to resolve it

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we're going to send them a panelist email okay thank you very much all right sure all right so

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let's let's see if we can get 13 in and then we'll we'll we'll go to rooms everybody great

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everybody i mean i agree mi 2021 002650 6940 tarsdale avenue zen jin rco the taconi civic

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association has a letter of support with the book provisos um mr jin you will you've already sworn

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carol will have a couple questions for you sir hi mr jin do you agree to waive the reading of

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refusal and stipulate to its accuracy i do have you emailed the packet the exhibit packet with

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proof of ownership tax compliance a copy of the refusal or referral photos and our plans of the

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property five days 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 thank you you may proceed thank you i'm going to share with the board the

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I'm going to share with the board the information we submitted with this case.

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information we submitted with this case it should be

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It should be up before the board at this point.

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We have submitted the refusal, RCO letter, photos, and related documentation.

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This particular matter is an interesting refusal in the sense that it is zoned both,

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the property is zoned both CMX 2.5 and RSA 3.

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However, it is one lock.

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Half of the property is CMX 2.5, and the rear half,

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which is actually a vacant portion of this property, is RSA 3. The proposal is to use what

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is an existing commercial space on the first floor and also two dwelling units above, which used to

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be the use as well. The property is currently vacant. However, if the board would take a look

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at the refusals, they all apply because of the RSA 3 zoning. Had this property been a CMX 2.5,

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in its entirety, we probably wouldn't be here before the board. That being said, the Taconi

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Civic actually supported our application because the neighbors and the civic associations were

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aware of the property and what it was used for before. They did attach some provisals, which

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some are probably not enforceable through ZBA. However, we have agreed to those provisals and

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certainly will work with them to fulfill our obligation on agreeing to those provisals.

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The main point is that this property was, in fact, a commercial property at one point

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and had a residential use above the property.

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The Taconi Civic particularly want us to simply make sure trash, the cleanliness of the property,

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exterior lighting, licensing, and safety, including installing cameras, and possibly

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going with the police safe cam, which all which my client is going to work on and certainly agrees

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to do. So whatever proviso can be enforced through the permit, we're happy to have that included in

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any decision of the zoning board. Otherwise, we will make an effort to make sure that it is met

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per our discussion with the RCO. In addition to that, I'm going to go ahead and show the

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photograph. As you can see, the main property faces Poorsdale Avenue, which is the CMX 2.5 side.

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This is the portion back here that is technically RSA 3. However, it is simply the rear yard of the

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property. The property itself, again, was used for many years. However, it has been left vacant.

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The primary walls are still intact, although the specific layout interior of bedrooms and bathrooms would be redone as part of a complete renovation of the property.

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Here is the first floor, which is also the vacant commercial floor and have access to the basement.

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The plans that we have proposed includes basically a vacant commercial first floor, along with a two-unit second floor residential and storage connected to the existing first floor, which is in the basement.

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There will be a vacant commercial space only at this point, since the entire property would have to first be renovated before use can be applied to it.

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The upper floor, again, is divided into two units, a single bedroom, a small unit in the front, and a two-bedroom unit in the rear.

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Again, the community feels that the size of the unit, the layout, and the commercial use would all be consistent to what is on Toursdale and had no other objection to our proposal.

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So as such, we would ask for the board's favorable review of this application, and I am happy

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to answer any additional questions or redirect to any specific exhibit that the board would

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like to see again.

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Your client here?

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Yes, my client should be here today.

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This is, if the board could just bear with me one minute.

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Sure.

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um sorry uh steve the last name is very difficult for me to pronounce

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okay can you raise your hand to um be identified

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sacco sacco sacco would be the last name okay

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he's been about to speak steve could you state your name and spell it for the court reporter

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please yes good morning everybody uh my name is uh sviatoslav last name is sacco i will spell it

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the first name is s-v-y-a-t-o-s-l-a-d the last name is sacco s-a-c-h-k-o do you swear or affirm

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to tell the truth the whole truth and nothing but the truth yes i do proceed sir thank you um mr

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Thank you. Mr. Sachko, did you see the presentation I made to the board and have you heard the testimony I made to the board?

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Dr. Sachko, have you, did you see

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Yes, I did.

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Can you verify that they are true and correct and adopt it as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, sir.

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Planning Commission.

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thank you uh chair bergman ian hegarty from the philadelphia city planning commission

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um so in 2017 the zoning map was amended from cmx 2 to cmx 2.5 on the portion of this site

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um the proposed changes here only occur only in an existing structure that's entirely located

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within the portion of lot that's zoned cmx 2.5 as council has demonstrated

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and so the city planning commission recommends that the board grant this variance

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karen before i vote were the provisors okay um i believe only two of the provisors would be

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enforceable and that would be um trash storage of rear property and commercial trash pickup

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okay so we we can make note of that right yes okay all right so mi2 mi2 021 002650 6940

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Tarsdale Avenue. I vote yes with the provisors that we stated. Carol Tenere, my vote is yes

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with proviso. Professor Plaza, yes with proviso. James Snell, yes with proviso. Thomas Holliman,

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yes with proviso. Thank you. Have a good day. Thank you. Thank you. Okay, Mr. Anastasia.

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just looked like he joined but now he's not there i'm here okay great great great thank you guys i

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don't know what that was all about but thank you for your help and my 2021 zero zero two eight four

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six seventeen hundred more mencing avenue letters of support from pensport civic letter of non-opposition

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from councilman squilla that's correct been sworn carol has a couple of questions for you

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hi do you agree to wait the reading of the refusal and stipulate to its accuracy

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i do have you emailed the exhibit packet with proof of ownership tax compliance

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a copy of the refusal or referral photos under plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter i do okay you may proceed

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thank you and thank you for your patience and your help getting back on the basement is going

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to be just empty uh for the most part and then the first floor will be the cafe coffee house

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there'll be art exhibits there as well and some you know community sort of oriented programming

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there is a side door to which the apartment on the second floor will be occupied by the owner

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um and this is a really beautiful property that um i'm going to

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just get let it's um i'm sorry i'm disoriented because again my computer's not giving me

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everything i want but this is the most important part we already have met with the penn sport

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Civic Association. They had unanimous support for the proposal. Councilman Squilla's office

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