civus
Hearing video

ZBA Hearing - September 1, 2021

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

we also door knocked that's how i know that um there was uh support on the block specifically

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on the venango street side um i appreciate that the neighbors on gratz are uh have called in but

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uh we nobody has reached out to me um and the property has been posted and we did door knock

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which i showed on screen thank you is there anyone from tayoga united on the call if so please

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thank you is there anyone from tayoga united on the call if so please raise your hand

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everyone else please lower your hand at this time

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i'd like to hear from whoever is representing tayoga united if you're in the audience

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oh yes mr chair

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okay anyone else to on this matter please raise your hand

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Charles Richardson, raise his hand.

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I'm going to speak at this time.

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Mr. Richardson, please identify yourself and I'll swear you in.

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Good afternoon, Mr. Chair.

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Charles Richardson from the office of Councilwoman Cindy Bass, room 312, City Hall.

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We're going for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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uh we have the uh first letter of opposition and uh we don't have anything from tayoga united

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for that second uh meeting so uh we're kind of in a quandary at this point in time because we don't

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you know have any any results of that of that meeting though i hear uh miss pritzker saying

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that that that there was a vote of uh support that uh we had decided that you know so we have

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decided at this point to let the board make the decision uh on this case because we don't we don't

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have any further information other than the opposition that initially came out in june

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could you forward to mr uh richards um a copy of that letter uh the one in support

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yeah i don't have it i was told that they were going to oh um it's mr ali is on if he could

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speak uh he is the one who is representing tayoga united and i see his hand is not raised

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okay because that's why i wanted to get okay we got richardson mr richardson just hang in

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there a minute please um where's ali

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jihad ali please spell your full name and i'll swear you in

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j-i-h-a-l-i you're breaking up please start again

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sorry i got a mask on j-i-h-a-d-a-l-i you swear affirm to tell the truth the whole truth

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nothing but the truth i affirm thank you miss pritzker uh yes mr ali is a representative from

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tayoga united he can speak to both the first meeting and second meeting that was convened

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um and uh i'll let him speak for himself mr ali would you care to weigh in yes uh thank you mr

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chairman and good afternoon i apologize for being late i apologize to mr richardson we just couldn't

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get the uh the the email out to you uh in time to the board and to mr richardson but we did have a

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meeting uh we had a fruitful discussion with the developer and both the developer and the design

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and they came up with an innovative way

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to help Tioga United achieve home ownership

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in the neighborhood.

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So we supported the project.

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Any questions from the board for Mr. Ali?

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No, Mr. Chairman.

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I just wanted to have Mr. Ali confirm for the record

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that Tioga United did support the seven units,

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you know, including one additional unit

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just because the original application had six.

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I want to make sure that's clear for the record.

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Do you concur with that, Mr. Ali?

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Yes, Mr. Chairman.

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We did support that based on the presentation that they had.

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How many pages of revised plans?

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I believe it's one page.

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It's one page?

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Yeah, and we would need a proviso for seven units.

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Okay.

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Planning Commission.

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I'm sorry, Chair, this is Tanya. I do have other hands up.

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Okay, we'll go back to the other witnesses.

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Please provide us with something new and different, and we'll get back to you, Peter.

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Ms. Dorothy Brown with her hand raised.

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Ms. Brown, please identify yourself with a record, spell your name, and I'll swear you in.

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Yes, my name is Dorothy Brown, and I am on a neighbor at 3500 block of Gratt Street.

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

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I do.

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Thank you. Please proceed.

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I was listening to what the young lady said, and we did have one meeting, our official meeting with Tioga United and the neighbors of the 3500 block.

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I was listening to what the young lady said.

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We voted not to agree on this development. Tioga United voted with us.

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They did say that they have to vote with the neighbors.

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As far as the second meeting, there were no knocks on our door.

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I am actually the block captain for the 3,500 block of Gratt Street.

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We did not receive another notice.

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We did not have any knocks on our door.

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The next time we heard about a meeting was actually three days ago when it was posted

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on that.

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I believe it was three days ago.

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though I actually have it here, where it was posted at the property that they want to actually

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use. Now, it actually says it must be posted by 14 days. It was not posted in 14 days,

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but we are still against that property. So, thank you, Ms. Brown. It was reposted because

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the signs were taken off, so we have to post it as many times as we can up to the hearing date.

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Um, and I think you might recall from the meeting when we had said to the neighbors,

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are you willing to have a conversation with us?

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They said, no, we have no interest in speaking with you.

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And then we had circled back with the RCO to convene another meeting and we sent out,

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you know, proof of mailing.

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I have to submit it with a proof of mailing.

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So, um, I don't know what else to say besides that we followed the protocol and there were

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near neighbors, um, at the meeting that we had last Thursday. Um, we, we actually did not receive

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any paperwork about another meeting. And as far as that sign, I passed by there every day on my

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way home from Lancaster Bible college. And the, the couple of days ago when it was posted was

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the first time it was up i have photos of it being posted and reposted so i don't miss miss brown

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miss brown you keep referring to we did not uh get any notice we did not get any knocks on the

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door uh number one you have to speak on your behalf but do you how do you know that no one

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else received because i actually checked with my neighbors when we saw the posting up and each one

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of them were surprised that this was posted because they thought that our next meeting

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was going to be on today and they had not received and I actually did an inventory of

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my neighbors Mr. Stevenson and other of my neighbors I did go around to door to door

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to ask them there's only 12 houses on our block so it was very easy for me to knock

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on their doors and ask them had they received any notification about any other meetings what you

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you just testified that you did see the notice when was when when did you see that I actually

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saw that notice on Saturday that was the first time I saw it and I asked three of my neighbors

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They had not seen it, but I walk my dog that way and come home from Leicester Bible College that way every day.

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So if it had been up there before Saturday, I would have seen it.

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All right. Anyone else to testify something new and different, please?

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Mr. Charles Richardson.

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Mr. Richardson, you're already still under oath?

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Yes, Mr. Chair.

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Based on Mr. Ali's testimony, the councilwoman has no opposition to granting the variance.

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You'll have to listen to the rest of the testimony to make your decision, but she's not opposed.

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Thank you very much.

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Okay.

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Anybody else have anything to say that has not already been put on the record?

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Okay.

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johnny whitfield she's been allowed to speak sir

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whitfield please spell your full name and i'll swear you in

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c-h-a-r-l-e-n-e w-h-i-t-f-i-e-l-d you swear for him to tell the truth the whole truth nothing

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about the truth? Yes, I do. Thank you, ma'am. Please proceed. Okay. I live in the 3,500 block

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of Grass Street. I have no notice of any property being built.

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I have no notice of any property being built. No one has knocked on my door and said anything to me about anything. First I'm hearing of this is maybe a week ago. I did not know of the first meeting. And as I stated, no one has knocked on my door. I have not received anything in the mail either about the property that's to be built.

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rachel when was the last meeting the more recent one thursday last thursday thursday

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and we talked about this project okay so it's a week okay okay thank you anyone else

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i have a marie

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i'm sorry jason i can't hear you what was that

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thought i had another person named maurice with his hand raised but maybe i was wrong

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uh question did we hear from uh mr stevenson yet now stevenson yes okay next person is

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the next person is uh is calling from a number ending in 8798 i will allow him to speak at this

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time whose number ends in 8798 please unmute yourself

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any other callers jason

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no that's the only call right now the uh the only other person i have with the hand raised is a uh

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there we go hello hello yes please ma'am identify yourself hello hello please spell your full name

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and i'll swear you in kelly bascom k-e-l-l-y b-a-s-c-o-m you swear for him to tell the truth

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the whole truth nothing but the truth yes please proceed yes that post was not up there 14 days

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ago that post just had got up there that sign that what they haven't been up there that just

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got put up there 35 40 i'm sorry chair this is tanya sun to the administrator um if we could

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ask all witnesses to testify about something different we did hear this information thank

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you very kindly yep i maybe maybe i don't speak loud enough does anyone have anything new and

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different it was only supposed to be six units and not seven we understand that was worked out

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at the last rco meeting yeah mr ali is not on the board at united tayoga united and where okay

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all right um that's not correct mr chairman all right uh is um all right we've heard

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several people with the same concern i appreciate that and respect that so we're now going to move

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to the planning commission good afternoon chair peter bernard for the planning commission

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this property is indicated for single family residential in the comprehensive plan

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we feel the proposal represents a significant overuse additionally there is no hardship to

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relevant land nor a hardship for having a property that is too large accordingly the city planning

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commission recommends that the board deny the variance thank you uh the revised plan one page

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yeah with the proviso of seven units mi 2021-001866 1820 west of enango my vote is yes

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with the proviso revised plan one page approved today and revision to acknowledge seven units

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professor plaza yes with proviso james snell yes with proviso thomas holliman yes with proviso

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thank you we go to case number four mi 2021-001-867-1754 wiley wylie street

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Mr. Brown Patterson is the attorney of record. There's a letter of support from United

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Francisville.

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Mr. Patterson has been promoted to panelists.

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Okay.

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I'm here now. Thank you.

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Yes.

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Yes. Can you hear me? Yes, Ron. Please identify yourself. For sure. Thank you.

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Good afternoon. Ronald Patterson, 1835 Market Street, Philadelphia, PA, 19103. On behalf of the owner, applicant, and developer.

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We're a firm to tell the truth, the whole truth, nothing but the truth? Yes, I do.

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Thank you. Mr. Plaza has questions for you.

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Patterson, you agree to wait the reading of its refusal and stipulate to its accuracy?

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Yes, I do.

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

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Yes, I have.

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And 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. Share my screen, please.

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Sure.

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We can see my screen.

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Yes, we can say thank you just confirming. Thank you.

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So, as you mentioned, this application regards 1754 Wiley Street.

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It is on a corner, as you can see, Wiley and Perky Omen.

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The corner property is under construction for a by right project in an RM1 residential zoning district,

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having five single-family residential dwelling units. Previous to this building,

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there was a building that housed three apartments. And also, were you able to see this new screen or

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no? Yes. Okay. It has a 25-foot existing curb cut where three parking spaces were used for that

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prior building. So we're here today to seek approval to reuse this area for parking as it

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was last used before the property was developed. As I mentioned, the property fronts on two streets.

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This street that we're looking at here is Pert de Omen.

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There's a rendering of the project before it will be done.

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There's a site plan here. So despite that the refusal states that we're parking via a front yard

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access, yet there are two frontages, but the frontage here on Wiley is the primary frontage.

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we are proposing to access this rear area off of the side street.

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Three spaces still.

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So as you may know, there is a need for parking in this area.

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The existing curb cuts do exist on the block.

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I'll show you a different picture here.

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there's a picture slightly down the block with some curb cuts and garages on the street

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the hardship here hardly based upon the application of the code to the existing conditions

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but for the fact that if we demolished the building we would still be entitled to use

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those parking spaces we did submit the plans to streets department who re confirmed and approved

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the plan for the parking and the traffic turning radiuses yet we believe that the benefit of the

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parking exists and that it's within the character in the context of the area which i had stated

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we can see there's no adverse impacts on the public health safety welfare and traffic which we

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believe is evidenced by the support that francisville civic association had given us that letter

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is regarding a meeting that was held on June 20, June 9th, sorry. Are you able to see that

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letter? Yes. Okay, thank you, because it was submitted as of yesterday. So we believe that

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based on the above that our application will be justified for this variance relief. If I could,

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I would ask you to promote Mike Stamm, S-T-A-M-M.

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