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Hearing video

ZBA Hearing - December 16, 2020

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

exact language okay so uh we're going to go a little out of order so uh mi 2020 that's zero

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zero zero zero three seven three one one four frankfurt avenue will be held to the last

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case on this on the two o'clock list uh having said that excuse me just to be clear that was

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that's a case that was already voted but um you need to slightly change the proviso so

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you could announce that at 3 30 thank you good okay having uh said that is there anyone now who

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would like to uh request a continuance or withdrawal please raise your hand

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mr chair i see no hands okay thank you um

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uh let's go to the add-on mi 2020-000835 621-25 reed street

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The original hearing was on November the 17th. We resumed it to this afternoon

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for any feedback from the RCO. Is there anyone here for that case?

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The attorney is Michael Phillips.

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Good afternoon, Mr. Phillips. Please identify yourself with a record and I'll swear you in.

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mr phillips please raise your hand if you're in the participants audience

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Mr. Phillips, please raise your hand if you are in the participants audience.

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he's not here okay so we can vote this correct um i i can we hold this one and discuss off

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line is this re yes yep because we got we did we did get a letter from the rco and councilman

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schoolers office um sharon did you get emails on this one i would just like to um contact mr

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phillips so if we could move it to later in the list we'll move it later in the list okay thank

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you so no other hands are up we're ready to go it'll be the first case confessor the first case

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on our list you have the script yes uh cater street right yes mi 2020-002210 1519 cater street

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mr chair mr leo movil has his hand raised i will promote him to panelists right now sir thank you

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Please wait to be sworn in, Mr. Moverhill.

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There we go. Good afternoon, chairman, members of the board.

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Good afternoon.

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Considering my continuing my holiday tradition of dressing up, I have my ugly sweater on and my elf's hat.

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Confessor, I'll swear him in and then you can take it from there.

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So MI2020-00.

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Can you please just call Reed Street?

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Is this a mistake?

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Shari?

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I got it, Chair.

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Okay, thank you.

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MI2020-0022101519 Cater Street.

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Mr. Mulvihill, please identify yourself with a record.

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I'll sway you in.

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Certainly.

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Good afternoon, Chairman, members of the board.

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Leo Mulvihill, that's M-U-L-V-I-H-I-L-L. Address is 2424 East York Street, Suite 111, Philadelphia

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19125.

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We're a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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You agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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Proof of tax compliance, copy of the refusal, photos and plans five days prior to this hearing?

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So I emailed it all just a little bit late. It's been a little bit of a crazy week. I'm in the

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middle of the move, but it should be received. And Sharon was coming.

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This is Sharon. I can confirm that we received everything.

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Okay, let me get my screen share off, members of the board.

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Before you begin, Mr. Moblehill, I just want to make an announcement I left out.

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So please do not attempt anyone to testify in the chat.

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Any comments should be directed to our board administrator, Ms. Tanya Sunke.

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Thank you, Mr. Mulvihill.

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Thank you.

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So good afternoon, Chairman, members of the board, Leo Mulvihill.

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As I said, I'm here today on behalf of my client.

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Well, that's the wrong screen.

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I'm here today on behalf of my clients, Andy Nguyen.

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There we go.

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And everyone see currently what I'm trying to share, 1519 cases?

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Yes.

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And what I'm showing on the screen now is the zoning exhibit packet.

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including the refusal at page one area zoning maps at page seven deed at page nine tax clearance at

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13 my notification letter at 14 a letter of support from sosna s-o-s-n-a photos of the

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property at 19 and plans at uh pardon me 38 uh members of the board this one's pretty simple

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my client lives in a cmx2 district it's a residential block he wants to put a duplex in

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That's all we're going for.

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The hardship here is simply that we live on a residential block.

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I'll show pictures to everybody in a second.

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And it doesn't make any sense to have a commercial space dropped into the middle of a residential block, especially so close to South Street.

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Moving to my, pardon me, let's get rid of this deal of contents.

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Sidebar.

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All right.

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So apparently my computer's giving me a hard time.

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There we go.

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So I'm going to scroll first to the zoning map.

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So we have an idea of what's going on here.

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So this is the subject property.

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It currently exists as a two-story single family home, even though it's zoned CMX2.

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You're one block south of south.

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This large area, which I'm indicating with my cursor, which is directly to the west of

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my client's property, is a huge new residential development that's something like 50 or 60

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feet tall.

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showing page eight now this is the area zoning map my client's property is indicated in blue

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Showing page eight now, this is the area zoning map.

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zone cmx2 next to cmx3 directly across the street is rm1

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i will proceed now to my proof of mailing indicating that i sent out 137 letters

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here's the letter of support from sasna indicating that we met on november 18 we

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proposed the erection of an attached structure with cellar and accessory roof deck. We showed

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our plans and the plan ultimately is for my client Andy who lives in the spot now to live in the

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space and then rent out the second apartment for his family. Overall the vote was in favor total of

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position of support five people in the zoning committee supported community at large

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four people, near neighbors, two people. So there is no votes against whatsoever.

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I'm showing now at page, pardon me, members of the board, I believe it's page 18 or 19,

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what the property looks like with the sign posted on it. You'll notice directly the left is a vacant

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lot. My client does not own that. And somebody on the street uses it to bark. That one's sideways.

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let's fix that here's the block this is looking westbound and you can see members of the board

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the large structure off to the right which is now being constructed former royal theater

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i believe so uh there we go just gonna do the 360 of the blocks we have an idea of what we're

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looking at so this is the north side of the block you'll see it's a mix of two-story row homes

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taller three-story buildings and then across the street which is what I'm going to show you now

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we have taller newer construction with lots of garages we have this condo building here there's

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a three-family dwelling this large structure here and then what appears to be a vacant garage

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it's been a problem on the block for quite some time this is the new structure that's adjacent

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that I'm discussing this is all the side that's facing south there will be new construction here

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I believe it's single family along Cater Street itself.

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But that's not my client's property.

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It's just to give you guys a little bit of context to the block.

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Members of the board, this is now page 38 of my packet showing the rendering.

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The plan is essentially to have a modern take on a traditional style.

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Dormers, big windows, lots of natural light in.

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This alleyway here is a pass through to allow for second means of egress.

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Here's the elevation.

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here's our floor plan we have no bedrooms in the basement

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and this is the new construction that's happening next door just to kind of give you a sense of

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scale as to what's going on so i'll zoom in on that pardon me so this is going to be along cater

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street 38 feet tall this is the new structure that exists on south street with the royal theater

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facade as you uh notice chairman uh and it's quite tall let's see

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and this here is our zoning plan now that we submitted

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just to give a little bit of context looking at the site plan members of the board

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this is the pass through to allow for the second means of egress and that's going to allow for the

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person who lives in the property downstairs to be able to get in and out that's really it members

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to the board the hardship is simply it's a residential block as you see there's no commercial

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on the block so it's kind of strange that it's owned this way uh there we have no objection from

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the neighbors for the two units so that's all we have and i'll be happy to take any questions at

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this time mr movahill do you have a client available uh mr nguyen was not able to make

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it this afternoon but i will if you if you're willing to accept my testimony as his own yeah

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we'll stipulate as an offer to court your client would adopt your testimony any questions from the

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board no no what else would like to testify in this case please raise your hand

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no answer this time mr chair thank you planning commission

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good afternoon members of the board ian litwin planning commission staff i need to be sworn in

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A.M., do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you. Please proceed.

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Although this parcel is zoned CMX2, commercial uses are not desirable on Cater Street.

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Accordingly, we have no opposition to granting the variance for an all-residential use.

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In addition, due to the small size of the parcel, we do not object to granting the variance for lot coverage.

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Thank you very much.

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MI 2020-002210.

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1519 Cater Street.

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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 members

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My vote is yes.

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My vote is yes.

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Thank you, members of the board.

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Thank you.

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Confessor, we can hear three and four together.

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Excuse me, Chair, before you start, I did reach Michael Phillips, and he reminded me that he was going to request authority to submit an amended application based on requests by the RCO.

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So if this could be continued attorney moving party, please.

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Okay, that's Reed Street.

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Yes, that's right. Okay. MI 2020-000835. 621-25 Reed Street, Attorney Moving Party.

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okay mi 2020-000380 1727 north lambert street also mi 2020-000381 1729 lambert street

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good afternoon members of the board can everyone hear me sorry mr young please identify yourself

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for the record and i'll swear you in uh good afternoon uh jeffrey young uh 3900 ford road

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suite b philadelphia pa 19131 uh mr chair before we get sworn in um i was just told by

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my client if we can ask for a continuous on this matter. We have been having difficulties

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obtaining a tax clearance, and his accountant isn't able to produce the paperwork in enough

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time before today's hearing will be out. Excuse me, Mr. Gang, this is Sharon Saleta. I can just

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check with the revenue department now to see if there's a balance on the property. Would you like

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the chair to go forward with the next case and hold yours to see if I'm able to get that

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information. Yes, please. Thank you. We'll get back. We'll get back to you. Thank you. Thank you.

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Let's go to number five. Okay. Calendar number MI2020-002414, 1927 South Fifth Street.

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Mr. Michael Mattione has been promoted to panelists. Thank you Mr. Mattione please

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identify yourself with the records by your last name and I'll swear you in.

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Yes sorry Mr. Chair Michael Mattione M-A-T-I-O-N-I the Federal Reserve Bank Building 100

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North Independence Mall Suite 5A Northwest Philadelphia 19106. Thank you. Swear or

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for him 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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Mr. Marioni, you agree to waive the reading of its refusal

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and stipulate to attack your receipt?

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Yes.

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Also, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance,

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copy of the refusal, photos, and plans five days prior to this hearing?

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Yes, I did.

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Also, have you met with the RCO and have a letter?

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Yes.

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Thank you. Please proceed.

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Thank you.

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Yes, I am representing Clifford Lasky, who is available, and I'd like him to be unmuted.

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I also have Jonathan Torrey, who will testify as well.

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And I did attach and send in my exhibits, including the tax clearance, site plan, floor plans, photos, and the RCO letter, as shown on the screen.

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Sorry.

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This is a project at 1927 South 5th, 5th and Dudley Streets in South Philadelphia.

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The proposal is to, we are seeking to build a triplex condominium for sale three units on this longstanding vacant property.

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There is our tax clearance certificate and the refusal because the building itself is 38 feet.

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Because we have a pilot house to access the roof, but not for roof up deck, but just to get to the mechanicals.

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Mr. Mattione, excuse me, excuse the interruption, but you're breaking up.

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Oh, I'm sorry.

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Is that any better, Mr. Chairman?

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Right now, it's good, yeah.

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So if you can go back to after your description of a condo building, and then you broke up.

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condo building and then you broke up you said building a condo and then we lost you

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You said building a condo.

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three i'm sorry we're building a three unit condominium we're proposing a three unit condominium

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in this rsa 5 zoning district so our refusals are for the use obviously and for the building height

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which is interesting because it is a 38 football building but we have a pilot house to access the

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roof, but there is no rooftop deck. It's just to access the roof for mechanical equipment.

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Elle and I said because there's no deck that we get a refusal for that. If there was a deck,

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