civus
Hearing video

ZBA Hearing - September 1, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 1, 20215h 11m

Wait, Mr. Charles Richardson put his hand up.

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I will allow him to speak at this time, sir.

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Good afternoon, Mr. Richardson.

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uh please identify yourself you're still under a good afternoon mr richardson mr richardson

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we were having a hard time hearing you had some noise in the background so please start over again

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Mr. Richardson, we lost him. He's asking for a continuance or a draw. I can't go ahead with

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these cases. We don't know which one it is. In addition to Mr. Richardson, as we're waiting for

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him is there anyone else who would like to request a continuance or withdrawal on the 330

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mr chair i'm here i'm here can you hear me now right now we can please again identify yourself

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you're still under oath yeah charles richardson from the office i'm sorry for this background

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noise officer councilwoman cindy bass from 312 city hall uh 1413 pacific street um not sure that

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the rco has has had a chance to meet with the applicant as yet i don't have any indication

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as they haven't taken place, and I was just wondering if Mr. Mulvihill was available

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to speak to that. Mr. Mulvihill, because my notes

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say there was no RCO letter, is Mr. Mulvihill available?

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Mr. Mulvihill, please identify yourself with the record and I'll swear you in.

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Good afternoon, Leo Mulvihill,

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M-U-L-V-E-S-V-E-C-T-E-R-I-H-I-L-L, address 315 Green Street,

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Address 315 Green Street, 1st floor, Philadelphia, 19125.

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first floor, Philadelphia, 19125.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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You heard Mr. Richardson's comments?

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Yes.

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We held a community meeting over Zoom on April 29 at 6 p.m.

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I do not have a community letter from 13th Ward RCO.

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So, Mr. Richardson, there was a meeting.

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There is no letter.

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Would you be adverse if we hear the case and hold?

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Uh, no, not at the moment. Um, I believe that the last communication that was had,

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there was supposed to be another meeting scheduled, but, uh, we can go ahead with this.

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And, uh, if there needs to be another meeting, then we can do so. Okay. Uh, Mr. Mobile.

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Yes, chair. Do you have any indication as to whether there was a second meeting or there

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will be a second meeting? I don't recall that a second meeting was requested,

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but that doesn't mean necessarily it wasn't i don't have any recollection as to that

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all right why don't we do that we'll go forward with the case uh we'll make a decision at the

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end uh about uh maybe uh having a resumption hearing uh and in the meantime you can have

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conversation or communication with mr richardson of course okay all right before we go i'm not

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opposed to that, Mr. Chair. Okay, thank you. Before we proceed, any other requests for

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continuances or withdrawals? No further hint at this time, sir. Thank you. Case number one,

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MI 2020-002205. 1413 West Pacific Street. Mr. Mulvihill, you've already been sworn in,

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So Mr. Plaza will have some questions for you.

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Mr. Mulholl's coming from the auditor panelist.

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Confessor, are you there?

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Yes, yes.

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

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I do.

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal, or referral of photos and plans five days prior to this hearing?

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Yes.

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And have you met with the RCO and have a letter?

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We've met with the RCO, but as we've discussed previously, I do not have a letter.

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Thank you. Please proceed.

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Good afternoon, Chairman and members of the Board.

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Leo Mulvihill today for 1413 West Pacific Street.

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This is an application. Oh, pardon me. First off, I'd like to incorporate into the record my zoning packet. We have the refusal appeal and project information form at page one, area zoning maps at page eight, deed at nine, commercial activity license at 17, tax clearance at 18, my zoning notification letter at 20, I do not have an RCO letter, photos of property at 23, and plans at 37.

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so members of the board this is an application for a two-family dwelling in an rsa5 district

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west pacific street is one block off of broad street one block south of erie avenue just to

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orient us along the city uh in this application because we are zoned rsa5 we received a refusal

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for proposal for a two-family dwelling in the rsa5 district we also received refusals for open area

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minimum rear yard depth you're proposing 10 open five foot rear yard whereas 25 open is required

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under the code nine foot rear yard depth is required under the code as well uh one moment please

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my project information form now i'm showing for the record page eight

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showing a lot in question as i stated before we're one block we're just off of broad street

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just south of Erie Avenue. The blue parcel taken from the Philadelphia City Atlas indicates the

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parcel in question that we're seeking to develop. The CNX3 is all around us, all up on Erie Avenue,

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on Broad, and on the northerly side of the block of us, of Pacific, and 15th Street.

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If we looked at the zoning map, we can see it's

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exactly where we were located with this blue dot.

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My client's deed at page 9.

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My client's commercial activity license at page 17.

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Showing no tax balance for this at pages 18 and 19.

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This is our community letter that went out.

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We had a community meeting on April 29th at 6 p.m.

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This is the notice of mailing for the property.

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This is the notice of mailing for the property.

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I have photographs of the property as well, beginning at page 23.

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I'm going to have photographs.

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Looking at 25 now, this is westbound down Pacific Street.

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26, we're just going to do a 360 on the block.

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This is northbound facing Uriah Avenue.

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here we go 29 and 30 we're now looking eastbound towards broad street

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this is the south side of the block two-story single-family homes mostly

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and again looking westbound on pacific

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now our proposal is for a four-story two-family dwelling

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not to exceed 38 feet with a pilot house no roof deck the deck is pardon me the roof is

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only going to be for mechanicals the pilot house is only for mechanicals access

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going to page 38. this is the proposed rendering of the property

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from facade materials that we brick and metal we are a little bit taller than the surrounding

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structures but because there's no adjacent structure we are not limited to being two stories tall

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you can see now off to the right of this drawing

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we have unit one indicated in that light pink color unit two indicated in blue

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going to the floor plan members of the board starting off on the left this is the basement

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we have a den storage and record recreation room with the bathroom to the front we do have a storage

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area for the meters hopefully so we can keep those tucked away off of the street that's all part of

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unit one again indicated in the pink on the ground story we have living room to the front

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we have a powder room in the middle kitchen to the rear which has access to the rear yard

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on the second story we have a bedroom in the front bedroom in the back laundry in the middle

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bathroom behind that all in all it's a two bed two and a half unit it's about 1690 square feet

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indicated in blue as in the previous drawings we have unit two which is two bed one bath

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in the third story we have living and dining to the front kitchen to the rear we have a trash

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storage area so that the second unit will not be putting trash out into the street ahead of time

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that we'll be able to store in this rented closet and then on the fourth story we have a bedroom to

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the front a bedroom to the rear laundry in the middle bathroom behind that and then we have

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stairs leading up to the pilot house for roof access which is only for mechanicals

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there is no proposed roof decks on this structure

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ultimately we are seeking to have this be a two-family dwelling because we are located

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in an area that is mixed rsa5 cmx3 which does allow for multi-family even though this block

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in particular is zoned rsa5 um unfortunately we do not have a letter from the community

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um our meeting was quite some time ago so unfortunately i can't quite recall

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all the specifics of that meeting. And I don't recall whether Mr. Richardson was present at

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that meeting either and could elucidate. But that's our proposal. We're seeking to have this

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be two-family dwelling for purposes of affordability rather than a new single-family

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residence on this block that is precedent in the area due to the fact that we have some CMX3

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for multifamily, even though we are on an RSA5 block. We're happy to take any questions at this

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time and i believe michelle the architect is on the line if she has anything she'd like to add

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she can raise her hand now

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okay questions from the board no mr chairman no no anyone else like to testify in this case

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please raise your hand. Mr. Chair, I've got Mr. Charles Richardson with his hand raised. I will

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allow him to speak, of course. Mr. Richardson, they're still under oath. Just identify yourself,

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please. Good afternoon again, Mr. Chair. Richardson from the Office of Councilwoman,

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Cindy Bass. I have on the line the chair of the 13th Ward RCO, Charles Karn.

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Mr. Karn, please identify yourself with the record and I'll swear you in.

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Charles

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Hello

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Please identify yourself

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Spell your name

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And I'll swear you in

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Wait a minute

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Yeah

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Yeah, I think I lost him. Hold on one sec. If you can hold my

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Sure, of course, Charles, yes, I'm here. Okay. Mr. Carnes, please spell your name and I'll

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I'll swear you in.

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Charles Carr, C-A-R-N, 134 RCO, Chairperson, 3853 Love 19th Street.

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You swear or affirm to tell the truth, the whole truth, 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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I remember this meeting vividly.

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The presentation and the design, and it was on the wrong lot.

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Um, we questioned that, um, and they were supposed to come back with a new design to

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the first thing for in the directly affected, um, community as of that date, we had no

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communication and, um, this is a surprise to me that we had this meeting today.

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Um, I would like to continue it so we can actually tell again, schedule and get directly

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effective residents there to actually identify where this property and where this design is

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going to be at. Mr. Karn, do you have any sense of when that meeting could take place?

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Sir, if you get, we try to do 21 days, but if you need a shortage in that, I'm pretty sure

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we can get one together. Mr. Movahill, I don't know what your calendar looks like

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over the next three weeks or so because what we can do is do a resumption hearing

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as opposed to a continuance if that works i mean members of the board that should be fine

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um from what i recall of this community meeting if we're looking to i believe my screen is still

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being shared we're looking to page 38 of the presentation pack the architect in this instance

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had put this house on the wrong lot it should be the house directly it should be the lot directly

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to the right here that i'm indicating now with my cursor um i believe that's what mr karn is

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referring to okay so why don't we do this uh tanya if uh i'm going to recommend that we do a resumption

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hearing do we have a date it seems like they're just it's probably going to be a simple matter

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um sure so all right here's what we'll do uh again mi 2020-002205

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1413 west pacific street this hearing will be resumed on

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wait from this socket to give us a date

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we can do october the 19th at 9 30. thank you so this case will be resumed to october the 19th

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at 9 30 a.m at which time the board will consider any feedback from the rco and the district council

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woman's office i'm sorry chair um this is tanya so are we saying feedback or are we just saying a

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letter? I think it was just a letter. Okay, perfectly. I based the scheduling on how much

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time we need. Thank you kindly. All right. Okay, Mr. Karn, everybody. Okay. Next case,

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Mr. Mobile Hills, yours also, MI 2020-003258, 2137 East Cumberland Street.

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east kensington neighbors association my notes indicate there was not a letter submitted for

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this case as well yes chairman i also don't have a letter for this um we did have a community

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meeting for this project um i the other issue we have with this project is i never received

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zoning signs for this new hearing um i realized that only late last week so my question is whether

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this the board would like to hear the case today and then hold for a letter or whether this is

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going to require a continuance and reposting? Well, if it was not posted properly, I suspect

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someone's going to come back and acknowledge that. So I would suggest, I think we'll do a

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continuance. Understood. And I'm sure Ms. Sunker will try to help you out as best she can. Of

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course. Our caseload is very big, but she'll work something out. All right. Understood. All right.

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MI 2020-003258

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2137 East Cumberland Street

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is continued.

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uh case number three thank you members of the board thank you mi 2020 does zero zero three

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Case number three.

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Thank you, members of the board.

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two five nine two five zero by berry road mr ward is the attorney somerton civic and again my notes

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indicate there's not yet been a letter from the rco mr ward please identify yourself for the record

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you're still under oath

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hold on I'm unmuting myself and starting my video

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good afternoon Mr. Chairman Sean Ward on behalf of the applicant

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call your first and last name for the sonographer and address

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Sean Ward, S-H-A-W-N-W-A-R-D.

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Address is 331 East Street Road,

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Trevos, PA, 19053.

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Attorney for applicant.

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Thank you.

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You swear from the self-truth,

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the whole truth, nothing but the truth?

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Yes, I do.

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And do you agree to waive the reading of its refusal

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and stipulate to attackers?

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I will agree to waive and stipulate

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to the amended refusal,

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which is dated 12th,

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Hold on a second.

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It's an amended refusal, confessor.

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