civus
Hearing video

ZBA Hearing - December 16, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 16, 20204h 39m

Good morning everyone. Tanya do you need a few minutes? Yes. Okay we'll get started

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when Ms. Sunkit gives us the go-ahead.

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okay we should be ready now frank thank you tanya good morning everyone my name is frank

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Chico I'm the chair of the zoning board of adjustment I'll be participating in

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today's hearing along with our vice chair miss Carol Tenere board secretary

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confessor plaza and board members mr. Thomas Holloman and mr. James Snell

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board administrator miss Tanya Sunkett and board attorney miss Sharon Saleta

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are also in attendance for those of you haven't yet participated in one of our

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virtual hearings I'll go through some of the basics of what you can expect

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

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat. For anyone participating by phone, if you wish to testify, you must raise your hand

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by hitting star nine and then star six to unmute yourself. Finally, to enter an appearance statement,

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call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I will repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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Before we call the first case, I will go through a list of requests for continuances.

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number one on our list mi2020-001525 1037 folk rod street we have no exhibits is that still uh

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this case says sharon that's true we also have a request from the rco that it be continued

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and according to the rco representative the applicant has agreed to that okay so that case

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is continued um the attorney of record requested a continuous this morning as well thank you

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mi 2020 dash zero zero one three eight six one three two five grant avenue attorney moving party

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MI 2020-001517, 1528 Masher Street, MI 2020-001555, 1903 West Erie Avenue,

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MI 2020, that's 001374, 2455 North 54th Street. MI 2020, that's 001389,

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4523 Westminster Avenue. We do not have any exhibits. Is that still correct?

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that is correct but if we could confirm that no one representing the applicant is present yeah

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i'll do that once i'm done the next loop okay and mi 2020-001385 3535 hansbury h-a-n-s-b-e-r-i-y

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street uh hold on one second let me get my notes here make sure i did that i get all that done

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Okay, if there's anyone who disagrees with the granting of those continuances, please raise your hand at this time.

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Please raise your hand at this time.

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Mr. Chair, Alan Nockamson has raised his hand.

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Okay, good morning, Mr. Nockamson.

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Please identify yourself for the record, and I'll swear you in.

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Good morning, Mr. Chair.

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Alan Ockamson of Ockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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

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I do.

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Thank you.

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Please proceed.

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yes we are requesting continuance of 214 south 49th street which is under calendar number

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mi-2020-001381 thank you that's uh number nine on our list that's for the board members number

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nine on our list mi-2020-001381 is continued thank you thank you any other is there anyone

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else who disagrees with the granting of any of the continuances that have just been read into the

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record? I see no further hands at this time Mr. Chair. Thank you. Tanya I failed to ask you at

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the onset are any of the continuance that we are granting this morning or any of them should any

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of them be must be heard? I didn't even get a chance to look. You want a few minutes or we'll

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come back? Yes, I can look quickly. Yeah, I'm sorry. I forgot the ask in the beginning.

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no everything is good these are new cases from late this year very good thank you uh with that

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is there anyone else requesting a continuance or withdrawal please raise your hand at this time

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mr chair verne anastasio has his hand raised promoting right now thank you good morning mr

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Anastasio, please identify yourself with the record

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and I'll swear you in.

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Thank you, Mr. Hand.

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Thank you, Mr. Chairman.

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Can you hear me?

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Yes, please identify yourself.

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Thank you.

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Vern Anastasio, 1315 Walnut, Suite 1006, Philadelphia PA 19107.

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I'm going to affirm to tell the truth, the whole truth,

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and nothing but the truth.

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Yes, sir.

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Thank you.

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Please proceed.

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uh 2414 north 53rd street should be on your list mr chairman um i just want to uh i did not hear

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that in the uh recitation of the continuances so i do want to make sure that that's uh continued

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okay so it's number 11 on our list mi 2020 that's 001860 2414 north 53rd street

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is continue thank you sir thank you any other requests for continuances or withdrawals

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i see no further hands at this time as the chair

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jason uh now we will now go to the delayed list

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the board is ready

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mi 2020-002923

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1720-1722 master street my vote is no my vote is no

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excuse me before we continue with that vote something i should have explained if you

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you are saying no to the request for reconsideration but because you have to

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revote the variances the if you are approving the variances once again the

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vote is actually yes and I should have explained that to you. I'm sorry

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should I repeat that? These are hearings on they were it was a hearing on

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reconsideration you agreed to hear yes to reconsideration and rehearing but on

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the rehearing you were considering the variance request again so so to approve

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so to approve the variances the vote would be yes okay do i need to read that back in or could we

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the variances, the vote would be yes.

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your statement uh um you should you should probably have the board members should probably

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vote yes to both if if you are indeed granting the variances again all right mi 2020-002923

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1720-1722

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Master Street

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my vote is yes

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my vote is yes

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my vote is yes

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my vote is yes

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my vote is yes

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thank you

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MI2020-000970

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6164 Walnut Street

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my vote is yes

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my vote is yes

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my vote is yes my vote is yes my vote is yes thank you mi 2020-002679 and mi 2020-000737

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1100 oak lane through 1122 oak lane my vote is no my vote is no my vote is no my vote is no

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mi 2020-001433 414 south 20th street um my vote is to deny the appeal against l and i

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my vote is to deny the appeal against l and i appeal denied

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a field denied you all right mi 2020-001458 7519 ridge avenue

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this hearing this was a hearing on remand from commonwealth court pursuant to the court's

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instructions the board took additional evidence going to the issues of the proposals compliance

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with pervious coverage requirements

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as they existed at the time the application was made.

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The board determined, one,

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that the proposal did not meet the then existing requirements.

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Two, that L&I erred in failing to issue

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an additional refusal on that item.

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Three, that the applicant established a right to a variance

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on the pervious coverage noncompliance.

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my vote is no that an additional refusal was required

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to that a variance for that refusal is granted my vote is yes with proviso as per supplemental

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findings and conclusions approved by the board today my vote is no to the additional refusal

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that was required yes excuse me I'm sorry your vote I believe is that yes an additional

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refusal was required but I thought

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so my vote oh wait so one that an additional refusal was required and two that a variance

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for that refusal is granted with supplemental findings as adopted

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it. If you could check the language that I

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Wait a minute.

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I got it. Okay.

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It's a text message.

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The last sentence in the statement, Carol.

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Oh, are you waiting for me to vote it?

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Yeah.

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Okay, for 7519 Bridge Avenue, my vote is one, that an additional refusal was required. My vote is yes. Two.

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No, it's no. No, it's not no. You are finding yes, that an additional refusal was required.

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And two, my vote is yes, that a variance for that refusal is granted with the proviso as per supplemental findings and conclusions approved by the board today.

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Mr. Tom, Jim, my vote is one that the additional refusal was required.

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And second, that a variance for that refusal is granted with proviso as per

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supplemental findings and conclusions approved by the board today.

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My vote is one that an additional refusal was required and two

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that a variance for that refusal is granted with proviso as per supplemental findings and

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conclusions approved by the board today my vote is yes that an additional refusal was required

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and second that a variance for that refusal item is granted with proviso thank you we're all clear

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on that one, Sharon? We are. Thank you. Thank you. MI 2020-001-297-2951 South Broad Street. My vote

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is no. My vote is no. My vote is no. My vote is no. My vote is no. My vote is no. Following

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request for reconsideration and rehearing. MI 2020-001-289-2901 Grand Avenue. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes. My vote is yes. And just to be clear,

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that's yes to reconsideration and rehearing. Yes, thank you. Sorry about that.

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Okay. MI 2020-00131, 257 Lyceum Avenue. My vote is no to reconsideration and rehearing.

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My vote is no to reconsideration and rehearing.

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No to reconsideration and rehearing.

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Okay. I think now we're ready for the regular list.

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And that starts with Broad Street, calendar number 1522, 1310 South Broad Street.

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Mr. Anastasia has his hand up. I will promote him right now.

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Thank you, Jason.

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You're welcome.

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mr anastasio can you mr anastasio can you put your name and address on the record please

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yes of course uh verne anastasio 1315 walnut suite 1006 philadelphia 19107 can you spell

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your last name for the court reporter yes a-n-a-s-t-a-s-i-o do you swear or affirm to

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tell the whole truth and nothing but the truth i do do you also agree to waive the reading

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

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ownership tax compliance refusal referral photos and or plans of the property five days in advance

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of this hearing have and have you met with the rco and do you have a letter i've emailed everything

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to the zoning board on time we have not met with the rco it's my understanding that the rco is

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going to ask for a continuance because the meeting would have been last evening and they

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just did not have a time to weigh in. Normally, what I had planned to do was ask for a hearing

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hold tonight, today, but I spoke to Attorney Soletta late last evening and she advised that

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even if I did have a hearing hold, we'd still, that would not save us any time. We'd still have

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to come back for a second hearing and as such i i am going to withdraw my my any objection to a

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request for continuance okay frank did you hear all of that you said you're withdrawing any

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objection to a continuance yeah i was going to ask for a hear and hold uh mr chairman uh but

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But Attorney Soletta has advised me that even.

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I heard that.

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So are you saying that you want a continuance?

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I don't necessarily want the continuance.

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I think the RCO does because we haven't met with them.

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But I was going to object to it.

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But Attorney Soletta has advised me that even if we got a hearing hold, it would it would not save time.

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So there's no reason for me to to object to it.

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So I'm not going to.

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so we'll continue it is that what i'm hearing once the rco requests it i believe that's what

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you would probably do yes yes and all right excuse me this is sharon sletta in any case

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And, excuse me, this is Sharon Sleda. In any case, if we don't have the letter yet, Mr. Anastasia would simply have to come back at a second date for the RCO to present. So, continuance.

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if we don't have the letter yet

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Is that correct?

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That's correct.

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MI 2020-001522. 1310 South Broad Street is continued.

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Do we have a date, Mr. Chairman?

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uh you'll have to speak to tanya offline okay thank you thank you yep calendar number

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1518 1612 cecil be more avenue that's me too that's you too um do you agree to waive the

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reading of the refusal and stipulate to its accuracy yes ma'am but first you swear or affirm

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to tell the whole truth and nothing but the truth yes i do we're doing this backwards and now put

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your name and address on the record and please spell your name. Anastasia, 1315. What's 2020,

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right? 1315 Walnut Street, Suite 1006, Philadelphia, 19107. Okay. And have you

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emailed the exhibit packet with proof of ownership, tax clearance, refusal, referral,

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photos, and plans of the property five days in advance of this hearing? And have you met with

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the RCO and do you have a letter? Yes, yes, and yes. Okay. You may proceed. Thank you very much.

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Sure. Thank you.

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Thank you, Mr. Chairman, members of the board, 1612, Cecil B. Moore Avenue.

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The application is for vacant commercial use on the first floor at the front, single family household living at the first floor rear in the same building with a single room residence on the second and third floors.

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The basement here is a unexcavated and then we have utilities in the front. We've got,

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let me show you here,

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we've got commercial space on fronting. These will be more in the front here and we've got

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uh one apartment in the rear and then we've got um single room residence above on the second

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and third floors this is on temple university campus

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take a look at some of the photos if you'd like you'll see the front is already sort of

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commercialized. And we can take a look at some of the interior photos.

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We also have tax certification, a deed.

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Of course, we met with the RCO. We did a mailing that certified 91 households.

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