civus
Hearing video

ZBA Hearing - February 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 17, 20215h 2m

thank you pauline good morning everyone my name is frank yeah i'm so sorry but this is the time

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when we wait oh okay as soon as we go live we're letting everybody come into the virtual world

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thank you very kindly thank you

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i'm sorry i didn't say good morning to everyone good morning everyone

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good morning good morning good morning good morning good morning tanya

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big old jason with that voice yep and you with yours the problem

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good morning don't get jealous confessor

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okay chair we got about 50 people that came in we're ready to start

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thank you good morning again good morning everyone my name is frank duchico i'm the

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chair of the zoning board of adjustment i'll be participating in today's hearing along with our

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vice chair miss carol tenere board secretary confessor plaza and board member mr thomas

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Holloman. Board Administrator Fatina L. and our Board Attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings,

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we're getting some feedback. Somebody have a radio or a television on? If you can mute yourself,

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that would be helpful. For those of you who haven't yet participated in one of our virtual hearings,

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

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Do you hear that echo? It's my voice echoing.

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I was just going to ask, Ms. Tenere, if you would try unmuting.

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Yes, I muted. I'm sorry. I muted Carol. It was coming from Carol, I believe.

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All right. Thank you. For those of you who haven't yet participated in one of our 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

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and that by participating, you acknowledge your agreement to be recorded.

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And this recording will be available to the public on the web or otherwise.

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For anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat.

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For anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address

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and the address of the property at issue. I will repeat. 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 would also like to remind everyone to please do not attempt to testify in the chat

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any comments should be directed to our board administrator Fatina

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with that i will begin by reading the list of continuances and or withdrawals that have already

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been requested mi 2020 that's zero zero two four eight three one four three one that's three three

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north 20th street is continued am i

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frank you muted yourself

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sorry about that did uh i don't do you get the first continuance yes we did all right second

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continuance uh where we the board are apply uh are suggesting this case be continued because the

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exhibits that were not received until 9 30 p.m last night so that'll be for MI 2020-002-490

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2637 East Clearfield Street will be continued excuse me MI 2020-001-284-2815 Grays Ferry

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Avenue is continued MI 2020-001-239-2815 Grays Ferry Avenue is also continued um I think I read

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let's just make sure I didn't leave anything out okay is there anyone who disagrees with

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any of those continuances if so please raise your hand at this time

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I see no handshare. Thank you. Is there anyone at this time who would like to request a continuance

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I see no handshare.

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or withdrawal? If so, please raise your hand. Okay, we have Andrew Goodman. Mr. Goodman,

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I have unmuted you. Please wait for the chair. Good morning, Mr. Goodman. Please identify

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yourself of the record and we'll swear you in. Good morning. Andrew Goodman, G-O-O-D-M-A-N,

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representing the Office of Third District Council Member Jamie Gaudier. Thank you. Swear and affirm

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to tell the truth, the whole truth, nothing but the truth? Yes, I do. Thank you. Please proceed.

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Our office is requesting continuances for applications at 5319 and 5320 Angora Terrace.

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We have no record of any RCO meeting taking place.

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Any objection to the request with continuance for 5319 and 5320 Angora Terrace?

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Excuse me, this is Sharon Saleta.

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We also have no exhibits for those cases.

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This is the first listing.

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First listing. Okay. MI 2020-002-474-5319 Angora Terrace and MI 2020-002-475-5320 Angora Terrace.

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Those cases will be continued. Thank you, Mr. Goodman.

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Any other requests for continuances or withdrawals?

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Chair, we have Sloan Foulkes. Mr. Foulkes, you've been unmuted. Please wait for the chair.

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Good morning, Mr. Foulkes. Please identify yourself, and I'll swear you in.

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Good morning, Chairman DiCicco, ZBA Board. My name is Sloan Foulkes, S-L-O-A-N-E, F-S-N-F-I-R, O-L-K-S.

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Office of Council 1, Maria Kiela-Sanchez, room fires your way to the hall.

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We're going to affirm 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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Our office will request a continuance for the meeting number MI-2020-000739-3857 North Fairhill Street, as they have not met with a coordinating RCO.

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This is Sharon Saleta. We have no exhibits for that case, and this is the third listing.

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Third listing? Okay. MI-2020-000739.

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3857 North Fairville my vote is to dismiss. My vote is to dismiss. Dismiss.

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Thank you Mr. Folks thank you. Anyone else? Continuance or withdrawal please raise your hand.

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Mr. Chair on 14 and 15 no exhibits first listing we continued it. Are they both must be heard?

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I mean we normally don't do that on the first or the second.

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We were doing that initially but it's your call. All right why don't we go back to those two cases

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MI 2020-002-474-5319, Angora Terrace, and MI 2020-002475, 5320, Angora Terrace.

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Those cases are continued, must be heard.

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Thank you, Carol.

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Sure, thank you.

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Any other requests for continuances or withdrawals?

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here we have one sir you may unmute yourself with your hand up

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okay yes hi my name is jacob dome i applied for the 2637 east clearfield street

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please spell your first and last name j-a-k-u-p-d-o-m-i do you swear and affirm to tell

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the truth the whole truth nothing but the truth yes i do please proceed we're continuing that

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case sir because we didn't get the exhibits until 9 30 last night yeah it's totally my fault because

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i i missed that uh second page i thought i was going to represent everything myself here but

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i missed the second page where it says there had to be five days before the hearing yeah there was

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okay but that case will be continued yes thank you anyone else

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i see no other hands here thank you carol i believe we begin with case number two

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okay calendar number 2489 15501 busselton avenue the attorney is steve bertill

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15501 Busselton Avenue.

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The attorney is Steve Bertil.

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And there's a letter of non-opposition

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from Council Member Brian O'Neill.

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Yes.

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This is Sharon Saleta.

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I didn't mention in the summary

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that it's with the proviso requested by the RCO.

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However, I don't have the RCO letter,

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so I don't know what the requested proviso is.

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All right, well, here's the testimony.

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Maybe you'll provide us with that information.

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Morning.

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Good morning, Mr. Bertil. Please put your name and address on the record and spell your last name.

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Steve Bertil, B-E-R-T-I-L, H-Claire Harrison, Harvey Brandsburg, 1835 Market Street, Suite 1400,

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Luffield, PA 19103.

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

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Yes, I do.

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

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Have you emailed the exhibit packet with the required documents, proof of ownership, tax

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

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of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all of the above.

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Thank you.

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You may proceed.

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Thank you.

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The letter, we received the letter subsequent to our submission to the board, but I believe

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I have it attached to the presentation today, and also I believe that the RCO

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sent an email with the letter subsequent to our submission. Now, I'm not sure if you see the right

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individuals, but I can submit it. I believe Ms. Stiletto said she didn't have it.

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We do have it. You may proceed. Thanks.

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we do have it i i oh you do no we i don't i have only the letter from councilman o'neill

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mr burtel if you could just let us know what the proviso is that would be sufficient thank you

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okay okay great um let me just share my screen here

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Okay. As stated, we're here for the application for 15501 Busselton Avenue. We're representing

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the tenant for this location. This is a request for variants for relief for a change of use

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to allow a ballroom dance instruction studio, which is classified as personal services and

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assembly entertainment under the code because there's no specific category for that type of

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use. And as such, we need a very interesting approval for this use. So people have a sense

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of the property um here's the zoning area of the property the property is currently zoned as rsd1

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um as you'll see in a moment um this there is no residential use on this property it's all commercial

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and probably should be the accurate um representation of zoning should actually be ca1

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um which would then make this a by right use but i'll get into that in a second um here's a

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area of the property. It's on the corner of Busselton Avenue and County Line Road. In fact,

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this property is the edge of the city on this road. Once you cross over County Line Road,

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you're no longer in Philadelphia. So in terms of the request, this, what you can see here,

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you see that the subject property is this entire parcel that includes um the fitness club um the

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parking lot but the area that in question that we're asking for the use is this structure here

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at the corner of the property sitting on the corner of bustleton avenue and camelani road

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you can see the entire lot is commercial in nature there's no residential use

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on my understanding that there's never been any residential use on this property um so i'm not

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I'm not really sure why it's classified as RSV1.

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More areas.

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Here's a look at the street view from Busselton Avenue.

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The structure is currently a vacant space.

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Here's another look at it from the corner here.

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As I stated, the proposed use is a competitive ballroom and Latin dance instruction studio.

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I have Eric Grossman, who would be the tenant of this location, providing the instruction.

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With me, I have Eric Grossman, who would be the tenant of this.

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What they do is provide training for students, mostly children, some adults, to learn competitive

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ballroom dancing.

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They go on competitions, they travel, and they represent the school in that way.

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Occasionally, students will have showcases and competitions at the location, but it will be

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mainly utilized for instruction. I'll get to the floor panel in a second. As you can see from the

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refusal, because the lot is zoned as RSV-1 and the category is classified as personal services,

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just to, which is, you know, sort of a catch-all for a bunch of different type of uses, a refusal

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was issued. In addition to that, because there's two refusals, but they're essentially the same

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refusal. The second refusal is for the fact that there isn't a category for this specific use,

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and therefore that's going to generate a refusal for approval by the board. And as such,

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we're asking for relief from those refusals for this specific use. Really, this is more of an

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educational instructional use. As I said, it's training and classes, but because there isn't

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really a way to shoehorn it, we have to operate under personal services. We did engage with the

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civic association. Here's our notification letter. Instead of meeting in person, the civic association

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came up with a different process where we submit our presentations to them and they post it

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on their website and solicit questions from community neighbors. We still met all the

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notification requirements. And we went through two rounds of question and answer with the neighbors

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and the community neighbors. And then we received a letter of support from the community association.

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The vote, the total vote that was taken was 35 votes, 34 in support, and one in opposition.

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The letter from the

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Actually

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Before

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Mr. Patel if you would not mind

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You can summarize and bring your client on

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Okay yeah no problem

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This is just the

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Floor plan

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I just wanted to mention the proviso

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Because I don't

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I don't believe it was

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I don't believe it was

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The proviso

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That the

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THE RCO IS ASKING FOR IS JUST TO SPECIFY THE USE IS LIMITED TO THE DANCE INSTRUCTION,

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SCHOOL, STUDIO AND ASSEMBLY SERVICES FOR THAT PURPOSE AND NOT JUST GENERAL PERSONAL SERVICES,

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WHICH THE APPLICATE HAS NO PROBLEM WITH BECAUSE THEY DON'T ATTEND TO ANY OTHER USE BESIDES

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the competitive ballroom instruction and the and the assembly of the of the students. So we agree

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with that proviso. Excuse me, Mr. Bertil, so a proviso reading use limited to dance instruction

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slash studio with related assembly would work? Yes, that's that's perfectly fine. Thank you.

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oh actually just to clarify assembly and entertainment i want to make sure the

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entertainment's included as well so they do uh put on performances and competitions at the location

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thank you sharon if you wouldn't mind would you send that over to me sure

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and i can send an email a copy of this letter from the rco as well yeah i don't have it in

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I'm watching it on screen, but...

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Thank you, Mr. Bertil.

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All right, Mr. Bertil, do you want to get your comment?

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Yes.

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With me, I have Mr. Eric Grossman.

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This is his business.

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If he can raise his hand to be recognized,

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he can confirm and accept my testimony.

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Mr. Grossman, you've been unmuted.

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please unmute yourself uh good morning everyone thank you for having me good morning sir please

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identify yourself first and last name my name is eric grossman we're in the firm to tell the truth

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the whole truth nothing but the truth of course thank you mr bertill uh thank you mr chair uh

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Thank you, Mr. Chair. Mr. Grossman, did you hear the testimony that I provided to the board this morning?

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Mr. Grossman, did you hear?

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Yes, I have.

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Do you confirm the truth of my testimony and adopt it as known?

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I confirm everything, minus the fact that I will be hosting competitions inside location. I mean, we travel abroad for that.

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But showcasing performances, classes, 100%.

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Thank you, Mr. Grossman.

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um with that uh Mr. Chair I conclude our presentation. Thank you. Questions from the

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board? No. Anyone else would like to testify in this case? If so please raise your hand.

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I see no handshare. Thank you. Planning Commission?

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good morning please identify yourself this is brian wenrick from the city planning commission

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w-e-n-r-i-c-h brian do you swear and affirm to tell the truth the whole truth nothing but the

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truth i do thank you please proceed this shopping center is zoned for residential use and is

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proposed to be remapped to ca commercial auto in the district plan we feel that this use does not

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pose any negative impacts to the surrounding area. Accordingly, we have no objection to the

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granting. Thank you. MI 2020-00248915501 Busselton Avenue. My vote is yes with the proviso. Use

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limited to dance instruction slash studio with related assembly and entertainment.

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you're on mute carol yes or proviso

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still muted carol you have to unmute yourself mr nervy i'm sorry okay i just did my vote is yes

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with proviso okay thank you next case calendar number 2476 sorry we didn't get everybody

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oh i didn't hear all the votes uh my vote was yes with the proviso that i read in and i'll read it

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again use limited to dance instruction slash studio with related assembly and entertainment

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my vote is yes with proviso yes with proviso

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tom i don't see tom he's right here i see his name his name but i don't hear him

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Mr. Holloman, if you're speaking, you might need to go out and come back in because we can't hear you, even though it seems like you're not muted.

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Okay, well, we have three, Chair.

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Tom's going to load out and load back in, okay?

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I guess he's having a motion.

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Thank you.

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If I could, Chair, if I could make an announcement.

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For some reason, we're having a lot of feedback.

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If I could request that everybody stay muted unless you're about to speak, it might cut that down a little bit.

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But it's a whole lot of feedback today.

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God, I'm hearing it.

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Carol, next case.

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Okay.

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Calendar number 2476-2214-22, North 4th Street.

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The attorney is Adam Laver.

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Mr. Laver, you've been promoted to panelists.

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You may unmute yourself.

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Mr. Laver, can you please put your name and address on the record?

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Good morning, Mrs. Tenere, Mr. Chairman and members of the board.

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Adam Laver of Blank, Rome, 1 Logan Square, Philadelphia, PA 19103.

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Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I do, Mrs. Tenere.

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

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Yes, I do.

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and finally have you emailed the exhibit packet with proof of ownership tax compliance

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refusal or referral photos and or plans five days in advance of this hearing and have you

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met with the rco and do you have a letter yes to all thank you you may proceed thank you

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i'm going to uh do screen share

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Hopefully you can see on the screen an aerial view of the property.

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If you cannot, please let me know.

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No, we're still looking at your files.

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No, we're still looking at your files.

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Okay, one moment.

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Okay, one moment.

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Do you have it now?

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No, not at this time, Adam.

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If you could double-click and actually open up your file first, then go to share screen, that might be better.

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Okay.

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one moment apologies for the technical difficulties

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it's coming up now mr laver thank you all for your patience uh adam laver of blank room on behalf

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of JVA Group, Fringe Development, and Alan Nadav, A-L-L-A-N, Nadav, N-A-D-A-V. Alan Nadav,

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the owner of the property, has previously appeared before this board. At his studio

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house project at 1613 Germantown Avenue, Alan was proud to provide high-quality rental housing

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at a more affordable price point, in that case, under $1,000 per month.

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I mention this by way of background because in the proposal before the board,

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Alan is trying to achieve something similar for owner-occupants with for-sale homes in this instance.

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With us is Derek Spencer of Nome Architects, who's online in addition to Alan,

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and as I stated to Ms. Tenere, I submitted an exhibit package previously.

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Here you see in the aerial photograph, and I'm using my cursor to pinpoint the location,

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we're looking at a 7,200 square foot unimproved parcel with wide frontages on 4th Street,

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which is to the left of the screen, and Leithgow to the right.

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moving to the zoning map you'll see again where the hand icon is that the block is zoned RSA 5

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single-family you have RM1 in orange across Susquehanna Avenue and in purple close by ICMX

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I'd like to run through some photographs for context here you see an image of the

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the development parcel, the lot with trees and some cars on it, looking along 4th Street.

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There's an auto repair shop next door that is not the subject parcel, it's next door.

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The subject property itself often has cars parked there in various states of repair.

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And Alan has been in communication with his next door neighbor, the owner of the auto repair,

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who is aware of his plans, does not have an objection to the proposal, unfortunately could

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not be here today, and furthermore indicated that he's actually planning on retiring in a year

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or so. Here you see some additional photographs of Leeds Gal, cars on the lot.

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The proposal itself, the plan is to create eight lots, each for two family homes, four

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duplexes along 4th Street, which I'm showing with the cursor, four along Leithgow, for

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a total of 16 residences with off-street parking for eight cars.

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The proposal calls for four-story buildings with setbacks, importantly no pilot houses

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to preserve the scope and feel of the neighborhood, and also a sunken rear yard also to meet the

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scope and scale of the area while creating more livable area on the next page here you get a sense

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of the perceived pedestrian experience the perceived pedestrian experience from the sidewalk

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would be 34 feet 7 inches in height from fourth street and leap gal 29 feet 2 inches

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Moving to the elevations, you see a combination of brick, integrated planters, and other quality

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materials. It's really a reimagining of the block. There are some solid homes along the block.

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It's really a reimagining of the block.

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There are some solid homes along the block, but as you saw in the initial photographs,

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there are many pockets, unfortunately, that have been neglected.

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You'll note in the renderings as I'm moving through them, the setbacks, again, to maintain that street-level pedestrian feel.

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And now to the floor plans.

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which i'm zooming in on a little bit again uh mr chairman and members of the board each of the

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homes uh would accommodate two families what we used to call duplexes the lower

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unit is shown in green green and the upper in beige the lower unit is proposed typical at

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1,342 square feet, one bedroom, two baths. The typical upper unit, 956 square feet, one bedroom,

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one bath. I'd like to address the refusals that are before you. Two-family living is not permitted

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in the RSA 5 single-family district, as the board knows. However, in this neighborhood,

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and an issue throughout the city is creating more affordable options. The price point here

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with homes of this size, which actually are reflective of surrounding homes,

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allow a price point under $250,000 with quality materials. The refusal also notes that balconies

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are prohibited in the rear yard now this is a technicality at the second floor where the balcony

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is proposed the presence does not take away from ground level outdoor space in addition i would

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submit to the board that it creates additional outdoor space an additional opportunity to take

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a breath of fresh air from the second floor level in keeping with the spirit of the code and that

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the rear yard depth is achieved at the ground level the building height refusal is based on

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the average grade which appears more significant in the refusal due to the architect's creative

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approach in creating a sunken rear yard which pulls the average grade lower so again that's why

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a few moments ago i mentioned the perceived feel from pedestrian street level which is most important

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from a neighborhood perspective and in terms of the refusals that focus on

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parking we met several times with the community and the initial feedback right

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off the bat was that providing parking was a plus the subject property has been

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significantly underutilized some of the neighbors had asked us to give them a

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sense as to what would be permitted within the bounds of the code in RSA 5, and you see a sense

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of that here. Homes that, I don't want to focus too much on this, but homes that reach 4,300 square

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feet in size, that really are out of place for the neighborhood and would be large and unaffordable.

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the massing is not something that we would want to pursue it would be completely out of place

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doesn't make sense we believe at all we met several times with nara square community alliance

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four times i believe we appreciated the discussion with them the feedback from them

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The turnout, unfortunately, was light at these meetings, but we fine-tuned the plans over the course of several meetings.

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At the end of the day, at 10.52 last night, when we received the RCO's most recent letter, which was submitted to the board,

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the RCO board and committee were evenly split, support or non-opposition versus opposition,

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and general community members were roughly split as well, although I must concede that there were

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a couple more who were in opposition. We were disappointed that the letter from the RCO indicates

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opposition. When you read through the letter, it's really mixed views in the community,

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some based on principle and others really recognizing the efforts of this developer.

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So we're left, Mr. Chairman and members of the board, with what is practical at this location, what is possible.

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Given the practical realities of repurposing the site, the sensitive treatment to design,

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we believe that the proposed development meets the homeownership ideals of the community, respects surrounding land uses.

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respects surrounding land uses in this instance the authorization of variance relief would not

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In this instance, the author is

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alter the character of the neighborhood or district in a negative way or be detrimental

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to the public welfare the proposal fits into the surrounding neighborhood the granting of relief

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would benefit the public and be within the spirit of the code the proposed variance would represent

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the minimum variance to afford relief and represent the least modification possible

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of the regulations at issue a comment was made during one of the community meetings that this

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would be taking jobs away from the community and i was puzzled by that comment and i asked for

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further clarification and the response was that the auto body uses the uh the land and uh that

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prompted me to ask alan to engage in further discussions which we did and i alluded to at

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the beginning of this presentation that although the owner could not be here let me state to you

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as an officer of the court that there is no opposition from him and in fact he plans to

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conclude his operations in the near future as a side note of course the use of the lot is

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unregulated but we understand the difficulties of transition in a neighborhood the grant of variance

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relief would not substantially increase congestion in the public streets increase the danger of fire

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or otherwise endanger the public health safety or general welfare based on the unregulated use

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presently this would be a noticeable improvement this will not adversely affect transportation or

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unduly burden water sewer school park or other public facilities there are no environmental

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issues. Mr. Nadav is here and can adopt and affirm at the appropriate time. In addition,

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our architect is here should the board have any questions. Thank you.

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Thank you. Let's get your testimony adopted and then I may ask the question.

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Mr. Nadav, would you please raise your virtual hands so that you may be identified and sworn in?

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Mr. Nadav you've been unmuted please wait for the chair good morning sir please identify

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yourself spell your first and last name Alan Nadav A-L-L-A-N-N-A-D-A-V good morning to you

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also good morning do you swear and affirm to tell the truth the whole truth nothing but the truth

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Yes, sir.

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Thank you, Mr. Laver.

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Mr. Nadav, have you been present for the entirety of this virtual zoning board of adjustment presentation this morning?

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Yes.

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And would you adopt and affirm the testimony that I've offered as your own?

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Yes.

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Thank you, Mr. Nadav.

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Thank you. Mr. Laver, could you share that letter from the RCO, the most recent one?

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Yes.

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I have up on the screen the most recent letter from the RCO. The highlights are not mine,

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they are from the RCO. You'll see the final position taken as opposition. If you move

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down to both counts under RCO board and committee, two members of the committee supported, one

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opposed one offered non-opposition in addition to that there were uh eight general members of

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the community who attended and you can see the breakdown of those votes to the right thank you

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okay questions from the board uh yes can you hear me can you hear me yes okay uh i'm wondering what

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What is the design requires so many 24 use refusal and 42 zoning refusal?

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The architect couldn't come within the guidelines of the zoning requirements?

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Mr. Holloman, you're right to point out that the way in which the refusal is calculated

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It multiplied to almost gross extremes due to the individual lots proposed and the duplex nature of this.

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There is a buy right option for this site, which I didn't want to focus on too much.

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I don't I don't like that approach, but it would allow five very large.

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It would allow five very large, bulky homes on this site.

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We believed in working with the architectural team in this instance, that having these various refusals for each home, which are multiplied, and you pointed it out, it's quite surprising to see the refusal itself.

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but the actual refusals for the overall project i think that the board would understand are actually

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quite fewer uh over the course of the entire development and we respectfully believe that

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what we're presenting is more in line with the scope and spirit of the code

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well it's to me it seemed like you're putting too many units in a small area

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well uh i i do understand uh that viewpoint among some so we we looked at it and we discussed this

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with some of the community members if you were to have five very large homes i don't see those

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actually being um viable in the neighborhood but you would have as many bedrooms as you liked

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for a large family.

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We know what the code requires

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in terms of number of people

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unrelated by blood or marriage.

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But in this instance,

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in terms of the density,

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we're proposing 16 homes

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that meet an affordable price point

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for those within the community

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and outside of the community

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looking for affordability

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with a little bit more density

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on a block that doesn't have a lot of density at all. So taking, balancing out some of the

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existing homes, the uses like garages, mechanics, and neighborhood in transition to frontages so

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that you have eight along 4th Street and eight along Leithgow. We believe that what we're

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proposing is reasonable. And respect your comment and understand there's a diversity

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of opinion. And I would actually say that you see that even in the feedback from the community,

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which is split. Did you fill out a low income density bonus for zoning?

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No. In fact, I'm glad you mentioned that, Mr. Holloman. This developer is not taking advantage of any of those types of code provisions to try to seek that type of opportunity.

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Of course, we're dealing with RSA-5, which doesn't allow it in the same way as some of the other districts, but we felt it more important with the reputation of this developer and the projects that he's done before that have a good track record for actual market rate affordability, if you will, rather than legal guideline affordability, that we were achieving a worthwhile social purpose.

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Thank you.

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thank you for your comments thank you any other questions from the board

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

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chair we have derek spencer you may unmute yourself sir and wait for the chair

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morning mr spencer please i'm sorry sorry to speak over you mr spencer is the architect on

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the project we can hold off on him for a moment anyone else would like to testify

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yes chair we have sloan folks mr folks you've been unmuted

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good morning chairman chico zba board uh sloan folks sloane fs and fire o lks office of council

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and Maria Cayman-Sanchez.

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Coach, you're still under oath.

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Please proceed.

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Thank you, sir.

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The applicant and the RCL have met and have had at least two meetings

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to discuss the present and future concerns regarding the development.

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The community expressed a number of concerns,

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which you have seen in their letter of non-support.

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um one of the things that the councilwoman uh recognizes was that the community and the

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developer uh through mr laver uh continue to um insist on having an open dialogue and having a

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willingness to meet um the councilman recognizes that this is a high impact project and

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The Councilwoman recognizes that this is a high-impact project and understands some of the concerns outlined by the RCO.

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And she and this office will continue to advocate for mixed-income housing with an emphasis on affordability.

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One of the things that Councilwoman hopes is that there could possibly be a two-week delay on a decision so that the community and the developer can be given one more opportunity to try to identify the issues and come to an agreement on this fairness request.

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Thank you.

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Mr. Laver, is there any objection to a two-week delay?

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it sounds like the councilwoman wants to try to be helpful though both sides

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it's the first that i'm hearing of it but uh i know that mr nadal has a lot of respect for

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council member maria quinones sanchez and mr folks as well um we have engaged in uh i think

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mr folks um referenced two open community meetings but we had at least two uh zoning

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Committee leadership meetings. If the board is inclined to allow that to happen, again, out of

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respect for a council member, we do not have an objection to that. Thank you. If we do a resumption

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hearing uh fatina or tanya what would be the next date and this is

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march 10th at 9 30. 3 10 at 9 30. sharon you were about to say something uh just that the hearing

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would be limited to mr laver and mr folks if you'd like reporting on any progress made with the

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community organization. So noted. So MI, I'll wait, we'll wait for the Planning Commission

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until the next hearing. MI 2020-000711, I'm sorry, I got the wrong one here. MI 2020-002476-2214-22

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North 4th Street. This hearing will be resumed on March the 10th at 9 30 a.m., at which time the

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board will consider any feedback from the council person and the RCO. Thank you Mr. Chairman and

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members of the board. Thank you. Calendar number 0711-2346 North 8th Street. Joseph Vaccaro.

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Mr. Vaccaro you're you've been promoted to panelists

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you may unmute yourself

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there we go

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Mr. Vaccaro can you put your name and address on the record please

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good morning my name is Joseph Vaccaro attorney ID 83366

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the address 5918 Torresdale Avenue in Philadelphia 19135 attorney for the applicant

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I do.

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

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, I do.

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You may proceed.

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Thank you.

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Good morning.

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may it please the board. My name is Joseph Vaccaro, attorney for the applicant.

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This is an application for a personal vehicle repair and maintenance in an existing attached

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structure. There will be no spray painting and no signs to this application. The reason for the

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refusal of this application was that this was a CMX-2 and the purpose of this application

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is to essentially legalize and to formalize that which has been taking place at this lot,

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at this lot consisting of 1,840 square feet for decades. For decades, there's been an auto,

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small-scale auto repair shop at this location. The location is 16 feet wide by 115 feet deep.

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It is small scale, no more than two vehicles being worked on at a time, with no more than three employees at a given time.

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The hours of operation would be from Mondays through Saturdays from 8.30 a.m.

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The hours of operation would be from Mondays through Saturdays from 8.30 a.m. to 5.00 p.m.

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Again, we're stressing that there would be no painting performed at this location.

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On January 28, 2019, I had met with the Village of Arts and Humanities, the local RCO.

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So there were 41 attendees at that meeting, 23 supported, one opposed, and there were three non-oppositions.

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The rest of the attendees apparently did not vote.

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There was a concern raised in the letter, and I quote,

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a resident supplied the following information, quote,

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attached to our photos showed that they have been operating as a business for several years

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without proper licensing and permits. They also paint vehicles in the evening, causing pollution

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to our community. They're asking for the zoning based on a small-scale personal vehicle repair

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and maintenance when they have already using structure as a business, not just for personal

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use, close quote. Again, my client has not performed any painting at that site, nor do they

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intend to perform any painting at that site. I've submitted a copy of the refusal along with the

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application for appeal. Plot plans that show the size of the lot in question, the area 16 by

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115, along with the letter from the RCO, all of that has been submitted, along with photographs

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of the site. Again, there would be no more than two vehicles being used at a time, so to reference

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or to address on the refusal that four spaces would be required, my client does not need the

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four spaces, given that my client would only be using two spaces, tops at a time, and obviously

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no storage of any vehicles out on the street. As for the neighboring properties, to the immediate

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south, there's a vacant lot, and the lot following that vacant lot, there's a marble cutting business

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where they cut stone, granite, marble, etc. The building to the immediate north is a vacant

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building. It's been vacant for many years. Focusing again on this lot, there are two bays.

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The bays have been installed years ago, decades ago. And again, the purpose of our application

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is to formalize and legalize that which has been taking place for decades at this spot.

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Next to me, in my office, I have Ms. Evelyn Ortiz.

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She's the president of New Era Auto Mechanics,

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that's the corporation that is actually operating at this time.

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Sir, Mr. Vaccaro?

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Yes?

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Go ahead.

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We lost your audio.

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You said next to me is Ms. Ortiz, and then you faded out.

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Okay, I'm sorry. I'll repeat myself. Next to me is Ms. Evelyn Ortiz. She's the president of New Era Auto Mechanic, Inc. That's the corporate entity that is operating at this spot at this time. I can turn it over to Ms. Ortiz unless the board or anybody has any questions of me at this time.

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Well, if you want to get her to adopt your testimony, we'll do that first and then we'll ask for questions.

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Very well. I'll just turn my computer. Ms. Ortiz.

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morning ma'am name and address i'm sorry full name and i'll swear you in

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evelyn ortiz e-v-e-l-y-n-o-r-t-i-z you swear and affirm to tell the truth the whole truth

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nothing about the truth i do mr thank you mr vicaro

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mr vicaro you're muffled you're you're fading out

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can you hear me now a little bit try that again okay ms ortiz okay ms ortiz did you hear my

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presentation yes did you hear that mr de chico yes yes okay and do you have anything to add or

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subtract or anything to correct from my presentation no would you adopt my presentation as your own

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testimony. Does the board have any questions? Yeah, I actually do. What were the hours of

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operation? 8.30 to 5. And the days? Mondays through Saturdays.

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And the days? Mondays through Saturdays.

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Questions from the board?

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No.

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No.

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Anyone else would like to testify in this case, please raise your hand.

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Chair, we have Mary Jones. Ms. Jones, you've been unmuted. Please wait for the chair.

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Good morning, Ms. Jones. Please identify yourself with a record and I'll swear your win.

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Mary Jones representing Council President Darrell Clark, the 5th Council District.

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We're in the firm to tell the truth, the whole truth, nothing but the truth.

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I do. Thank you. Please proceed.

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um i i actually um had first had a question um i did um review this property and we found um

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three open l and i violations including one for unsafe structure um just like ask how those will

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be dealt with you mr vicar are you aware of the l and i violations i was not aware of the l and i

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violations but obviously um i'm going to have to now that i'm aware of these lni violations

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i'm going to have to reach out to the landowner uh to see how what they are and how can they be

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resolved i can ask uh ms ortiz if she's aware of the violation or if this is the first time that

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that she's being made aware of them.

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Ortiz,

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are you aware of the

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violations issued by

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L&I? No.

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Do you know,

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Mary, do you happen to know

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the violations are listed in?

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I have

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under the

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owner is

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Palmer Pedro.

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23

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4-6. And it just says

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um violation it was open and on November 30th 2020. Okay so Mr. Vicara you're Mr. Ortiz is

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the tenant? Yes Mr. Ortiz is the tenant. All right uh what I would suggest that Mary if there's no

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objection to the use uh I'm not putting words in your mouth if there is no objection

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uh we we can do a proviso uh in addition to the days and hours of operation that they must obtain

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a co within a certain amount of time um yes that's fine um and the i guess in the no painting

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and yeah yeah no painting and no body and fender no spray painting

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yes that's that's that's um that's fine thank you thank you anyone else would like to testify in

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this case. I see no more hands shared. Thank you. Planning Commission. Good morning. Brian

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Wenrick for City Planning. This property is indicated for commercial use on the comprehensive

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plan. This application matches the pattern of existing development on the block. Accordingly,

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we have no objection to the granting of the variance. Thank you. MI 2020-000711 2346 North

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8th Street. My vote is yes with the following provisos. Hours of operation 8 30 a.m. to 5 p.m.

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Days of operation Monday through Saturday. Use limited to no spray painting and no body and

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Fender work, and a CO must be obtained within six months.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Okay, thank you, everyone.

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Thank you very much.

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Have a good day.

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You have a good day, too.

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Calendar number 2473-2401, South 61st Street.

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Mr. Anastasio, you've been promoted to panelists.

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Good morning.

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Can you please put your name and address on the record?

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Yes.

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Vern Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia, Pennsylvania, 19107.

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Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral,

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photos under plans of the property within five days of this hearing and have you met with the rco

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photos under plans of the property within five days of this hearing, and have you met

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with the...

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and do you have a letter yes to all that thank you you may proceed thank you mr chairman members

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of the board good morning 2401 south 61st street is a corner property the application is for the

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establishment of a unity of use with 2403 to create one parcel for zoning purposes only

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And the use will be for takeout restaurant with retail sale of food, beverages, and groceries at the first floor with one single family household living above in the same building with personal care service, which would be hair braiding at the rear, which is what is now a garage at 2401.

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There'll be vacant space at the first floor and a single family household living above at 2403.

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The size and location will be shown on the plans, and my client is Mohamed Sinan, who is from Africa, and he'd like to have the...

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Are you able to share, excuse the interruption, to share the exhibits?

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Oh, yeah. I thought I did that. Sorry.

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Here we go. How's that?

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Got it now. Thank you.

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Awesome.

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Awesome. So let's go back so we know what we're doing. I want to show you the refusal.

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Barge that a little bit. That would be helpful. Thank you. Yep. Here's the refusal.

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Takeout restaurant, like I said, with grocery in the front of the store and hair braiding in the

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rear. My client is an immigrant from Africa and he would like to be able to provide his native

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food to the community. We're only refused for the multiple principal uses in the building. We're not

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really refused for any other reason. So with that, we're going to zoom out a little bit.

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it's a corner property like i said and then we have

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um we have the entrance it's corner entrance uh there is a kitchen and this is just takeout

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strictly with the grocery store there's an entrance here that takes you the side entrance

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that takes you to the living quarters up above and then there's a rear

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building which is now a garage for the proposed hair braiding. This again would be part of

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my client's family doing this. I'm going to pull out so you can see exterior rendering.

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This is the photo of 2601 and 2603.

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This is the side entrance.

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Here's the corner for the restaurant grocery store.

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This door goes to the living quarters.

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There's interior space.

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We have a deed.

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We have additional photos.

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We had several RCO meetings, 135 pieces of mail.

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mailed at the last one. I have a tax cert here.

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Here's the flyer that went out. It's a two-page flyer.

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And it's my understanding. I just received an RCO letter last night where they're asking for

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commercial trash pickup and a detailed litter removal plan, which my client would agree to,

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and he'll put it in writing and give it to the RCO. With that, I'm going to ask my

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client to raise his hand so that he could be identified. Mohamed Sanan.

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Mr. Sanan, you've been unmuted. Please wait for the chair.

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good morning sir uh good morning sir please please identify yourself spell your first and

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Good morning, sir.

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last name my name is Mohammed Ali Sanan

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could you help us spell his name for us please yeah sure it's uh Sanan is s-a-n-o-n

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first name Mohammed you swear and affirm to tell the truth the whole truth nothing but the truth

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Yes, I do.

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Please proceed, Mr. Chairman.

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Thank you, Mr. Chairman.

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Mohamed, did you hear my presentation to the board today?

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Yes, sir.

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Okay.

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And is it true and accurate to the best of your knowledge?

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Yes, sir.

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And then you and your family will be operating the grocery store and takeout restaurant,

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as well as the hair braiding salon in the rear of the property.

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Is that correct?

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Yes, sir.

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Thank you very much.

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Hours of operation, Mohamed?

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Yes, for the grocery, it's going to be 8 to 6 p.m., and that's going to be Monday to Saturday,

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and breading, that's going to be Tuesday to Sunday. That hour is going to be 8 to 5.

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very well um you'll be putting in exterior lighting and video surveillance around the

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property as well for safety is that correct absolutely and you'll also you'll be doing a

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commercial trash pickup yes sir and you understand that the rco is requesting a detailed litter

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removal uh program and you're and you're going to be working with your council to put that together

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and provide it to the RCO is that correct yes sir very well Mr. Chairman I have nothing else

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could you uh go back uh the picture the photographs of the side view of the property yes sir

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hold on

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okay could you show that do you said there was a garage there there is

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oh oh it's beyond it's left of what we're looking at now that's correct

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okay and he couldn't see it in the photograph all right yep all right uh

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very good your client mentioned hours of up hours and days of operation were they provisos that he

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agreed to with the community no uh okay at least based on my recollection the primary the primary

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proviso was uh commercial trash and the litter program they want to make sure that these to-go

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containers don't end up on the sidewalks i think they also wanted him to put a sticker on his

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container so they know if it's his stuff or not we we agree i know that's not enforceable that's

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why i didn't bring it up okay all right um excuse me this is sharon saletta we do have an email

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from craig melodoshin that does state hours of operation and his applicant agrees to be bound

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the hours of operation I'm sorry shall be do you want me to read these out it's rather detailed

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yes please and they'll make that part of the record

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the restaurant 8 a.m to 8 p.m Monday through Saturday during the summer

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8 a.m to 6 p.m Monday through Saturday again it says during the summer but I assume they meant

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to write during the winter braiding salon 8 a.m to 6 p.m tuesday through saturday year round

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so that's more generous than we we put on so that's that's fine why i asked and commercial

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trash pickup yes is that right i'm not seeing that we'll put we'll make that a proviso anyway

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i think craig is here as well from the rco okay all right um

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all right i'm sorry verne did you ask your client if he adopted your testimony

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i did i think i did muhammad you adopt my presentation as your own is that correct

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i think i did yeah yes okay thank you all right uh anyone uh any questions from the board no

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

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craig you've been unmuted please wait for the chair

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

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Craig, C-R-A-I-G, Melodosian, M-E-L-I-D-O-S-I-A-N, Ward 40, Republican RCO, Coordinating RCO, P.O. Box 33355, Philadelphia, 19142.

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Craig, C-R-A-I-G, Melodosian, M-E-L-I-D-O-N.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Okay, I just wanted to elaborate.

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Craig, you're breaking up.

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We're not hearing you.

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Mr. Melodosian?

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You seem to have lost Craig.

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Give him another hand.

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All right, okay.

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Can you hear me now? Yes, we can. I'm not sure what happened. In the proviso letter we sent,

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we referred to Section 146036 for takeout restaurants, including comprehensive litter

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cleanup plan, hours of operation, and branding of a disposable food and beverage containers.

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Applicant must submit a litter cleanup plan that addresses on- and off-site litter cleanup,

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the location of trash and recycling containers, a litter cleanup schedule, and a map of the

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off-site cleanup area. The hours of operation wanted to correct 8 a.m. to 8 p.m. Monday through

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Friday, Saturday on the summer, and that's 8 a.m. to 6 p.m. Monday through Saturday during the

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winter. The hair braiding salon is 8 a.m. to 6 p.m. Tuesday through Sunday. The premises will be

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posted that there may be no consumption of foods or beverages on or about the public right-of-way

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adjacent to the principal building and the name and addresses of the establishment be printed

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on all disposable food and beverage containers further applicant agrees to apply for two loading

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zones in front of subject premises one on 61st street and one on grays avenue the requested

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hours will be 8 a.m. to 8 p.m. Monday through Sunday. All parties agree the Department of

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Streets is the determining authority as to the granting of the number and location of applied

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four zones. I also wanted to indicate that there has been a long time use of this establishment

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as a food preparation area. And in fact, this is a legalization and moving it from the rear of the

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front in terms of the community or the specific neighborhood. It's the old-time niche neighborhood

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that was the St. Loretto Italian Catholic Church school and a block away. It also includes the

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former Campos Deli a block away. So we believe that this use will be a reemergence of what was

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there previously just with it a different ethnic base uh the rcos are in support of it

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uh and we leave it at that thank you thank you uh anyone else would like to testify in this case

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i see no handshare thank you planning commission

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Good morning. Brian Wenrick, Planning Commission.

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This property is indicated for multifamily use on the comprehensive plan with existing

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commercial uses. We feel that these uses do not pose any negative impacts to the surrounding area.

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Accordingly, we have no objection to the granting of the variance.

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Thank you. Sharon, I'm going to ask a question. Since I don't have the proviso list in front of

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me, could we adopt Mr. Melodosian's testimony as a proviso for those? No. No, we can't do that.

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Okay. I thought so. You can do hours of operation. Well, I meant to say only those that are

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enforceable. Hours of operation, days of operation, commercial trash pickup. Yes.

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and and i mean the labeling of containers and all uh we're getting a lot of feedback again

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um i can ask mr malajosa would it be enough to include a proviso stating applicant to be bound

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by requirements of section 14 603 subsection 6 regarding takeout restaurants

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in addition to the hours of operation and commercial trash pickup

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Yes, that's what we were asking. In fact, I excerpted that and put it into the proviso letter. We also we had previous complaints at another community meeting.

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We also, we had previous complaints at another community meeting about the parking issues.

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So our belief was by asking the applicant to apply for the loading zone spaces, that that was a good faith effort to placate community concerns.

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Actually, we don't believe the parking problems are due to him.

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We have commercial garages across the street, but that's why we put in the parking issue.

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there were we've had actually two meetings on this this started back in 2019 and some of the

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immediate residents were were upset about the parking issue okay um perhaps Mr. Anastasio could

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agree to do that on the record I don't think it can be added as a provide so my client has

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sorry yes and as far as posting the signs with um asking that there be no food consumption in or

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near the premises or near the premises. I'm concerned that those kinds of signs might

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themselves require a zoning application. So I don't believe that can be added as a proviso.

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Mr. Anastasio, do you have any objection to a reference to the code section?

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Absolutely not. I think it's easier that way. And for the record, my client does agree to

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up at least apply for uh the loading zones uh one on each side of the of this of the property

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also with the understanding that it'll ultimately be up to the streets department

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um chair would you like me to read those well when you're voting i would be glad to read the

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provisos into the record if you'd like yes and we're ready to vote so my vote is yes with the

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provisos that our attorney Ms. Saleta will be reading into the record. My vote is yes with

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proviso that Ms. Saleta will be reading into the record. Yes with proviso. Yes with proviso.

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And the provisos are applicants shall be bound by requirements of section 14-16036 regarding

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takeout restaurants. Hours of operation 8 a.m. to 8 p.m. Monday through Saturday for the restaurant.

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Hours of operation 8 a.m. to 8 p.m. Monday through Saturday summer, 8 a.m. to 6 p.m. Monday through

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Saturday winter for the braiding salon 8 a.m. to 6 p.m. Tuesday through Sunday year round

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and commercial trash pickup. Thank you all. Thank you.

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Thank you. And those up Frank you muted yourself. Keep going and it goes back off. Those provisors

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that have just been read into the record by Ms. Saleta reference MI 2020-002-473-2401

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South 61st Street. Thank you all.

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Ms. Tenere, you're muted.

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Carol, go to number 6. I keep forgetting to

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unmute myself. Calendar number 2621

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2558 Collins Street.

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Excuse me, before we go on, can I just say, Ms. Tenere, I think

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that it might be your device for some reason that is causing the

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echo um when other people do you don't have anything different than usual no have anything

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else on that any other devices no everything's all i mean no the construction work going on in

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the next unit that's what it is time to move no it's not do you know what i i'm downstairs frank

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please pay attention in the boardroom eight floors down away from that

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all right uh collins avenue 2558 collings avenue i did call that does anyone

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is there anyone here for 2558 collins street yes here mr currigan please identify yourself

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for the record and we'll swear yes good morning uh joseph kerrigan uh id number six nine seven

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five four spell your last name please

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please spell your last name sir you're muted

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k-e-r-r-i-g-a-n

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Carol?

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Do you swear to tell the whole truth?

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Do you swear to tell the whole truth and nothing about the truth?

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Yes, I do.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?

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

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Yes, I do.

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Thank you. You may proceed.

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Thank you. 2558 is an 11-foot-wide vacant lot.

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We were seeking a variance for two non-accessory surface-level parking spots on the property.

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Mr. Currigan, excuse the interruption. Do you have any exhibits you can share with us?

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Yes, I do.

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Hold on, please.

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Okay.

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So we saw it, as I said,

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two non-accessory surface parking spots it was denied because it's an RSA 5 zone

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we had a meeting with the RCO on a week ago on February 10th as the RCO said that it was a

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well-publicized meeting we had a question and answer session with the neighborhood association

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and the votes were nine in favor six opposed the um the rco is not opposing it

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mr the applicant mr valensky and miss mazzy reside on the pro at the property next door at

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2556, and they also own the property on the other side, which is 2560 Collins Street.

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They maintain the lot. I'm looking for the photos, excuse me. They maintain the lot.

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They have it fenced. It's a gravel lot. Here's the plans. They reside here.

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This is the, it's for two parking spots.

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This is the fenced off lot.

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This is looking at it from Collins Street, looking into the property.

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As you can see, it's a little dark, but it's gravel on the surface there.

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And that's looking out from the back, or looking into the back.

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And that's looking out on the Collins Street.

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Mr. Currigan, I believe you said there's a letter from the East Kensington neighbors.

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Councilman Squillow sent a letter of non-opposition, but he's referring to that letter.

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Is there anything of importance in that letter that we need for the record?

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No, there's not.

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it's a simple um it's a simple uh recapping of the fact that there were nine in opposition or

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nine in favor six in opposition and i think i have that right here i could pull that up

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okay i just want to know if there was anything extra no okay okay all right is your client

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available uh mr valenski i believe is available get him on we'll uh we'll swear him in and he

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and adopt your testimony yes mr valenski you've been unmuted please wait for the chair

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good morning all good morning sir please identify yourself for the record and spell your last name

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Jeffrey Walensky, V as in Victor, A-L-I-N-S-K-Y.

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Thank you.

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Swear and affirm to tell the truth, the whole truth, nothing but the truth.

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Yes.

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Please proceed, Mr. Kerrigan.

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Mr. Walensky, you were present during the previous presentation, correct?

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My presentation to the board?

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Yes, sir.

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Do you adopt what was put forth before the board as your testimony as well?

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yes sir okay thank you any any questions from the board no no anyone else would like to testify in

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Yes, sir.

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Okay.

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Thank you.

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Any questions from the board?

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this case if so please raise your hand i have dan who's been unmuted sir you can unmute yourself

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and wait for the chair good morning please identify yourself with the record spell your

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last name and provide us with your address good morning uh mr chairman and members of the board

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my name is daniel skolnick uh last name is s-c-h-o-l-n-i-c-k uh at 2550 collins street

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very firm to tell the truth the whole truth nothing but the truth yes thank you sir please

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proceed uh i want to register my objection uh to this uh application um parking is really tight

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on the block already. It wasn't explained that there's only one side of parking on this street.

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There's residential townhouses on both sides, lots and lots of cars. It can be hard to find parking

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close by. The opposite side of the street does not have parking and this will permanently

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privatized one space it'll remove one space for everybody whether the applicant is using it for

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their cars or not and you know we need more neighbors it's resident it's I want to support

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the the current mapping and the zoning which is as a you know as a as a townhouse if you will

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for residential. It's a little bit small, but it's not a hardship because many of us

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live in smaller lots on the block. There was recently approved a curb cut across the street

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on the non-parking side because that would add parking, and this is going to take away

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parking from everyone and it's uh yeah it's it's upsetting to me so uh that's that's all i have

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thank you thank you thank you for your testimony anyone else would like to testify please raise your

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hand i see no more hands chair thank you planning commission

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Brian Lundrick City Planning Commission this property is indicated for single-family

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residential use on the comprehensive plan the proposed use is not compatible with the

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surrounding properties will pose negative impacts to the block including the removal

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of an on-street parking space accordingly we object to the granting of the variance

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thank you uh my question to Mr. Currigan that lot you said is 11 foot wide it's an 11 foot

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wide lot yes all right okay thank you so we're dealing with a very narrow lot and it would be

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for two parking spots so you know we're going to be one on street but you're actually providing

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absolutely so it's a right yes all right thank you okay mi 2020 does zero zero two six two one

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two five five eight collins street my vote is yes my vote is yes my vote is yes my vote is yes

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Calendar number 2482-3948-50, West Gerard Avenue.

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The attorney is Adam Laver.

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Mr. Laver, you've been promoted to panelist.

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Mr. Laver, you're still under oath from earlier today?

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Yes, I am, Mr. Chairman.

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Can you put your name and address on the record, please?

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Adam Laver, Blank Rome, LLP, 1 Logan Square, Philadelphia PA 19103, Mrs. Tenere.

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Do you agree to waive and stip?

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I agree to waive and stip through the referral, yes.

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And have you emailed the exhibit packet with proof of ownership tax compliance,

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refusal referral photos and plans 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 mrs canary that's correct thank you you may proceed thank

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you uh i trust that up on the screen you're able to see the referral uh which i've highlighted

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thank you yes adam laver of blank rome on behalf of david goldstein owner of 39 48 through 50 west

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Gerrard Avenue and 3962 West Gerrard Avenue. David purchased this property

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prior to the pandemic. It is located at the northwest corner of 40th and Gerrard

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It is located at the northwest corner of 40th and Gerrard Avenue, across the street from the School of the Future, close to the Philadelphia Zoo, and situated along the Gerrard Avenue Commercial Corridor.

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Avenue across

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Since his purchase, he has been devoted to the restoration of the property.

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You'll shortly see the work that he has done in repairs and recording to the facades.

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In addition to David, who's with us today, Rustin Ohler of Harman Deutsch Ohler Architects

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is with us virtually, and I have submitted an exhibit package with revised proviso plans.

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This is a very limited issue before the board. This is a referral. It's a request for special

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exception relief. There's only one referral which you see highlighted and that is that we are

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requesting permission for a portion of the property at the first floor level to be used for takeout

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for a takeout restaurant. I'd like to take a moment to orient the board and place the property

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in context through a few photographs.

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Here you see in the photograph on the screen the School of the Future, which I mentioned

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up at the top, Girard Avenue is the wide street frontage where the hand icon is showing,

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and 40th Street is to the left.

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The subject property is at the corner. I'm using the cursor to show you the location of the property. I'll run through a few more photographs.

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Once again, School of the Future across the street, you see the subject property here in the middle of the photograph along Girard Avenue.

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As you move down, you will see several other Chinese food restaurants, for example, a gasoline

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station and then the zoo.

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Here we are looking from another direction, we're across Girard Avenue on the grounds

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of the school, and you're seeing the frontage of the property along Girard.

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Here to the right, you see some retail, commercial, actually a Chinese food restaurant that have seen better days, unfortunately.

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And this is just some more context.

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David seeks special exception for the takeout restaurant along the Girard Avenue frontage of the property.

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just 1226 square feet of commercial space. And I'd like to pinpoint that for you in a moment,

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but before I do so you'll see in some of these photographs the efforts that he's made to repoint

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and really bring this nice property up to the standards where it should be.

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here is a rendering of the property when complete and to the left is the proposed location for the

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takeout restaurant to the right would be retail commercial as permitted within cmx2

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at the corner a much larger space

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here you see 40th street and you see gerard avenue

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Here is an aerial view, and you can see in the darker blue the proposed area of the takeout restaurant.

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The lighter blue is the commercial space.

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And above that, the existing rehab property is approved for nine apartments with these two ground floor retail commercial spaces.

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to reiterate the commercial space before the board the proposed takeout restaurant is the

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smaller of the two spaces 1226 square feet the larger space is uh about 2700 square feet

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for the last uh approximately three years david has worked with various brokers to try to

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market the space actively, and he's had extreme difficulty. Veronica Blum was with us for the

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last hour and a half. I'm not sure if she's still with us and prepared to testify regarding her

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attempts to market the property. By way of background, I should note that this space

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more than three years ago was actually a diner, so a similar type of use.

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In the midst of the present pandemic, which continues to wreak havoc on so many sectors of our economy and at a time when job stability remains a challenge,

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in the midst of the present pandemic which continues to wreak havoc on some

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the proposal for this special exception relief incorporates the existing approved curb cut on Girard Avenue, which is there at the site and has been used in the past.

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You may have read reports about the increased interest and desire for takeout restaurants

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that have a drive-through component for socially distanced opportunities.

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And we all hope and pray, of course, that the situation changes, but the ramifications

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of the changes to culture remain to be seen.

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And this proposal would allow for takeout, walking in and out off of the sidewalk, members of the community, members of the school, visitors to the zoo, et cetera, but also the drive-through component through the site, which is legal and pre-existing.

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now i would like to note that in discussions with the community the plans have been amended

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to preserve the existing smaller curb cut along gerard avenue rather than to widen it or to expand

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it in any way and uh you will see and i'll try to zoom in on it a little bit that um that curb cut

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that exists is 14 feet furthermore moving to the next page you'll see that efforts have been made

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by the design team to have a change in materials along a restored sidewalk concrete pavers along

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with the landscaping to uh to have a difference in feel a difference in feel this is uh very

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different for example than the gas station closer to the zoo that some of you may be

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familiar with that has wide curb cuts along each frontage the requested special exception relief

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for the takeout restaurant that is the special exception is appropriate for the gerard avenue

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commercial corridor the photographs that i shared depict other takeout uses within the vicinity of

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the property along with the mix of institutional recreational and residential in fact in the cmx2

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district these types of commercial uses are encouraged and the reason for having the special

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exception is for appropriate review by the board now whether it is a hip city veg or a chipotle

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the investment in this neighborhood is in line with both the city plan for gerrard avenue

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and needs that have been realized during the pandemic.

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We do not have a proposed tenant to bring to the attention of the board today,

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and that is due to the difficulty of all proposed tenants who have come

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and met with the brokers and met with David have been concerned regarding this zoning issue.

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Which comes first, the chicken or the egg?

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particularly in this time that we're in, this type of approval is really needed before this

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corner property can be brought back to life. David's done a terrific job, as you saw with

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the exterior. He has the residential apartments on the upper floors. He hopes to find a tenant

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for the corner space, the larger space that fits in nicely with the community. We've been

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disappointed, however, Mr. Chairman and members of the board, I must say, regarding discussions

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with Centennial Parkside CDC. We reached out at an early stage. We did have one community

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meeting, and despite our attempts for further discussion, the RCO did not wish to engage

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in ongoing discussions we didn't get a list of feedback or ways to work

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together which is usually as the board knows my style and the style that David

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wanted to have with this community so despite those efforts we remain

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interested in ongoing discussion it did become quite clear during our community

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meeting that as a matter of principle the RCO was opposed to this request even

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with other uses similar, very close by, as you saw.

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David, who is a local resident,

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remains open and interested in working with the community.

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He has made the sweat equity investments.

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There may be options if we work together,

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for example, for a local entrepreneur

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to realize a dream in this space

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and with this hopeful approval.

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hopeful approval and that would be our desire there are local food service options at the site

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And that would be our desire.

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There are local

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and in the area the zoning map shows a variety of uses on the city plan that would support this type

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of a use and this would provide an essential service to the surrounding area to serve the

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people working living and visiting the authorization of special exception relief not variance but

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special exception will not alter the character of the district or be detrimental to the public

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welfare we believe that we have shown positives that would come from this small component of the

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site and i should note with david having residential living on this site there is a

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synergy of interests in wanting to see a positive clean professional operation to a proposed takeout

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restaurant at the site otherwise it doesn't make good financial sense he won't be able to have his

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apartments kept rented the proposal fits into the surrounding area would support existing and future

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on-site and nearby mixed uses and support efforts to bring back the strong commercial

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corridor along gerard avenue the proposed grant of special exception relief would represent the

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least modification possible of the regulation at issue this is a very small component of square

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footage in the overall site the grant of relief will not substantially increase congestion in the

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public streets increase the danger of fire or otherwise endanger the public health safety or

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general welfare based on the condition of the buildings going in this will be a a marked

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improvement one that all can be proud of and um i should note that uh again uh we we uh regret

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that there is an official position of opposition to the special exception relief but uh there

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there are neighbors in the community who have supported this. In a close vicinity,

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you'll see on your screen a neighbor, Evan Litvin, who writes this will fill community needs,

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create new jobs, add vibrancy, and lead to additional uses on the corridor. That's just

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one example um in uh in some we really wish that there was continued dialogue with the community

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we're committed to that and we hope that there's the opportunity uh in this matter

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thank you uh do you want to ask your client uh to adopt your testimony yes mr uh goldstein would

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you please raise your virtual hands for that chairman that you can swear you in.

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Mr. Goldstein, you've been unmuted. Please wait for the chair.

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Morning, Mr. Goldstein. Please identify yourself with a record. Spell your last name and I'll

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swear you in. David Goldstein. G-O-L-D-S-T-E-I-N.

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Swear and affirm to tell the truth, the whole truth, nothing but the truth.

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I swear. Thank you, Mr. Laver.

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Thank you.

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Mr. Goldstein, I expect that you've been present for the entirety of this presentation to the zoning board.

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Is that correct?

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That is correct.

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And would you adopt and affirm the testimony that I've offered as your own?

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I do.

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Mr. Goldstein, I understand that Ms. Blum may no longer be with us, the broker who tried to market this property over the course of most of the time that you've owned it.

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Can you just confirm the difficulty that you have had in trying to lease this space for equality use prior to having the zoning approval in place?

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I can confirm this. We've been marketing the property for a bit over three years with two different brokerage firms.

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And the pushback has always been that we do not have any drive-through capacity, and that has only increased during the past year, during the pandemic, which has only given us a greater sense of urgency to seek what we're doing today and what we have done.

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for the last you know six months. Thank you. Thank you. Thank you. Questions from the board? No.

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What else would like to testify in this case please raise your hand.

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If anyone else would like to testify in this case, please raise your hand.

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Here we have Chris Sparr, Mr. Sparr you've been unmuted, please wait for the chair.

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Morning Mr. Sparr, please identify yourself for the record, spell your first and last

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name and provide us with your address.

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Yes, hello, my name is Chris Sparr, I am the Executive Director of the Centennial Parkside

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community development corporation my name is spelled c-h-r-i-s and my last name is spelled

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s-p as in peter a-h-r um i we're in front of the truth the whole truth and nothing but the truth

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i do please proceed uh yes i i was not going to speak today i was gonna there's several residents

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who are on the call who i believe are going to speak um and i was going to leave it up to them

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But after hearing Mr. Labor's presentation, I felt it necessary to correct his inaccurate statements around engagement with the Centennial Parkside CDC.

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We have been engaging with the owner of this property since he bought the property.

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We have invited him to our office and had multiple discussions.

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We have invited him to East Parkside Residence Association meetings, which he has not attended.

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We have tried to work with them to figure out what was the best way to produce this.

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And we are supportive of a new restaurant space in this area.

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We appreciate the effort that he has put into renovating the building, as well as renovating the building across the street.

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We think he's done a nice work with the with the facade improvements and so forth.

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We the concern that that and the times that he has presented to me about putting in a drive through there.

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The only feedback that I have given him is that I don't think the community would be receptive to it because of the major traffic congestion that exists at the intersection as a result of the zoo traffic.

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as well as the trolley line, as well as the high school of the future across the street,

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and having a drive-through there would not be conducive. So that is the advice that I have

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given him. He's still gone forward with the idea of the drive-through. I understand it as a business

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reason, and I do understand the cause of that. But as you will see from the letter from the RCO

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meeting, which is the one time he decided to meet with the community, it was unanimous to oppose

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an option for a drive-through at that space.

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I'd also like to note that the letter that Mr. Layers provided from Evan Litvin

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supporting the project, Evan is not a resident of the community. He owns

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1130 North 48th Street, which he bought about a year and a half to two years ago.

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And so he is a business, he's not a business owner in the community,

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he owns a building, it's a vacant building right now, does not live in the community. So I just wanted

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to clarify that. And I will leave

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the the rest of um the conversation today to some of the residents who have a deep concern i just

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want to do um correct some of the inaccuracies accuracies that mr lavers uh spoke about about

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the cdc not being mr laver mr laver hold on one at a time please so yes i just i just wanted to

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clarify and correct the inaccuracies that were presented because we did not appreciate that

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after the effort we've put into trying to work with the owners of this building um and and it's

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been the meetings have been fine we've had great discussions but it's not that we have not met

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and tried to work with them so i just wanted to clarify that thank you mr laver uh don't want to

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get into a big debate here uh state whatever it is you want to state and i have some suggestions

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i i'm sorry hold on again mr there's total feedback again

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everyone sounds like they're in an echo chamber i think you'll be fine now thank you mr chairman

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and members of the board this board knows me and my i care very much about the words that i state

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to this board uh i i heard mr spar i respect him i think that perhaps there there may be some

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miscommunication because Mr. Spahr, Dr. Spahr, rather, as I understand it, is a paid professional

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with the organization, and I was asked to speak with community volunteers, including Lorraine

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Gomez, with whom I had the most interaction. We desperately are interested in ongoing discussions

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with the community, and they have not happened after that meeting. I don't, like you said,

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Chair, I don't wish to put that, go into those types of details on the record.

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on the record. The legal issue before the board is the takeout restaurant. I understand the

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The legal issue before the board is the takeout restaurant.

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concerns on other surrounding issues such as the drive-through which we are committed to ongoing

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dialogue on that piece. So it sounds to me from your earlier statements and your recent statement

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just now and from Mr. Spahr that there's still maybe an opportunity to have a continued dialogue

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pardon me we would welcome it chairman would you want to do that by way of a definite date or have

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an attorney moving party i think a definite date would make sense considering my percent i i want

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to make sure that we all make this a priority to me all right is mr spar available

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and i don't mean to discount the other folks who might want to weigh in on this but

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But if we're going to continue this, the plan may change somewhat and there may be some acceptance later on.

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So rather than go through this exercise, it might be better off if we continue.

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Mr. Spahr?

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Yes, I'm still here.

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Did you hear what I asked, Mr. Labor?

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Yes, I just would like clarification as to what you are proposing.

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uh well we can continue this case which would give uh you and uh your your neighbors and the

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applicant opportunity to have further dialogue and maybe come up with something that is acceptable

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maybe not i don't know but that's we can give you some extra time i mean i i think we're we're happy

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to have uh further dialogue we're always open to dialogue um uh we've had dialogue for several

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years on this um but i do think it's important that residents are given the chance to speak at

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this meeting as well because i know that several of them are i've been waiting for a long time to

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say something as well i understand but if we're going to if there's an agreement to continue this

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case there are things that may be uh introduced at the next community meeting that may may be

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acceptable to the community so i rather not just deal with the case as it is in front of us

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because there may be some uh amendments to what is being proposed i don't want to belabor the

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record on something that may not be something we're going to be asked to vote on after the

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next community meeting we certainly would be willing to discuss that um one condition i would

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ask that you just allow one more person to speak today uh if you could allow joy smith who was on

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the line to speak as well and again we don't mean to be disrespectful but again we might not be

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talking about apples to apples two weeks and i don't i don't feel you're being disrespectful i

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just i just i understand where you're coming from um i would just like the vice president of my

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board joy smith to have an opportunity to chime in i'll do that momentarily but the next question

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is when is your next meeting or when i'm trying to get a timeline for both sides

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it's two weeks too soon or is it i mean what are we looking at i i think we i would have to discuss

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with our zoning chair lorraine gomez who was mentioned earlier um because she scheduled those

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meetings but i i don't see it a problem but she's the one who does the scheduling so i would need

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her to uh i'm not sure if she's on or not um if she is i'll ask her to raise her hand she's

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I'm going to try to be on.

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Chair, I have a question.

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Mr. Spahr, what board is it that you're part of?

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I'm the executive director of the Centennial Parkside Community Development Corporation.

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We're the community development corporation for the neighborhood as well as the RCO for

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the neighborhood as well.

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One of the RCOs for the neighborhood.

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Yeah, I'm familiar with that neighborhood also, Chairman.

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It's a wonderful neighborhood.

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It really is.

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It is.

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It's great.

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Yeah.

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Who was the lady you had mentioned?

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Ms. Joyce Smith, she's on the line as well.

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Ms. Smith, if you can please identify yourself, name and address.

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Ms. Smith, you've been unmuted, please unmute yourself.

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Okay, thank you, I have. Can you hear me?

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Yes, Ms. Smith, please identify yourself, name and address.

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Yes, my name is Joy Smith. I live at 4251 Viola Street. I'm a resident of East Parkside and also

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president of the Centennial Parkside CDC. Thank you. Swear and affirm to tell the truth,

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the whole truth and nothing but the truth. Yes. Have you heard my statements, my questions

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about does it make any sense to have this case continued so that the community and the applicant

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and his attorney can, you know, address any outstanding issues.

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And maybe there's some adjustments to what we're talking about today

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to what we're talking about today that might be, may be acceptable to the community going forward.

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that might be acceptable to the community.

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And if that's agreeable, I'm trying to get a timeline for when you guys will be meeting next.

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We could do it within a month or so, but I still would like to present from a resident's

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uh perspective uh just a very short statement or two please do thank you okay i just want to say

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at our rco meeting the community unanimously opposed this use for a variety of reasons but

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for the primary reason which i will state here um was the exact as the this current use will

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exacerbate the existing conditions we are already burdened with um we have a high volume of traffic

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in this area and specifically at the corner of 40th and dry now in the photos i was looking at

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the developer's attorney's photo, and it's missing a very important element, something that residents

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experience in our everyday life. It was a very nice drawing, but this is not conducive to a

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walkable community. This highly congested area is a maze for residents. Crossing the streets is

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extremely taxing. We have cars, septa buses, trolleys at this very complex intersection.

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This area is a thoroughfare for East and West 76th Highway, the Vine Street Expressway, just two blocks down the street.

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There's a lot of speeding cars. We see a lot of trucks, high volume of automobiles, traffic from tourists driving to Screamer Park, the Philadelphia Zoo.

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Please touch me, Sam, and other nearby cultural institutions.

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There's a high school across the street, and it's not safe for them.

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A few stats. Philadelphia Zoo receives over 1.2 million visitors. The museum alone gets 500,000 visitors. The combination of Derod Avenue and Parkside would intersect daily over 27, almost 28,000 traffic cars we see back and forth.

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this community overwhelmingly opposes this particular use that would only add to increase

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the traffic congestion in this area. Any additions or increases to traffic will definitely have an

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adverse impact on the quality of life in East Parkside. Now, the community welcomed development,

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we really do, and we welcome a continued conversation with this developer, but we

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respectfully ask that developer

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reconsiders

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his use, and we

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the community would love to be able

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to sit down and talk to him about that.

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Thank you. Thank you.

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Mr. Lavery, still interested in having

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a further conversation?

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We've been interested in speaking.

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I don't know

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what this may or may not

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yield. I didn't

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want to cross-examine at this

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particular time

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there's additional information if we are not able to agree that I will have to put on the record

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but I believe that as the chair suggested a conversation may make sense okay Tanya we got

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something about a month out or or Fatina someone March 24th at 9 30

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Okay. Again, no disrespect to the other folks we're waiting on to testify. Things may change

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between now and March 24th. So we'll wait to hear what happens on the 24th. MI 2020.

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Chairman. Yes, I'm sorry, Tom. Yeah, I'd like to put on record my opinion.

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yeah sure I'm sorry I forgot to ask I am familiar with the neighborhood and I believe the

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major traffic problem is at the gasoline station and not 40th and uh Girard so I just want to put

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that on record thank you okay Mr. Chairman can I echo yes can I can I echo what he said I'm

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extremely familiar with that neighborhood and i agree with what tom said okay but again we may

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not be talking about right similar project going forward maybe maybe not uh in the interest of

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everyone's uh concern we're going to continue this case mi 2020-002-482-3948-50 west

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gerard avenues continued to march the 24th at 9 30 a.m thank you mr chair yes i'm sorry

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if i could just interject this is a resumption hearing i'm sorry yes therefore no posting

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is required thank you mrs okay okay thank you all thank you calendar number

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Okay thank you all. Thank you. Calendar number 2479-435 South 56th Street.

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Should be Vern Anastasio.

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Mr. Anastasio has just been promoted to panelists.

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Hi, Vern. Can you put your name and address on the record and spell your last name, please?

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Sure. Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut, Suite 1006, Philadelphia, 19107.

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You're already under oath. Do you also agree to waive the reading of the refusal and stipulate

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its accuracy? I do. Have you emailed the exhibit packet with proof of ownership,

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

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hearing and have you met with the rco and do you have a letter uh yes to all of that and you may

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proceed i don't know if i personally have the letter but i know the letter has been sent

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okay thank you you may proceed thank you i'm going to share

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this first

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good morning mr chairman and members of the board this is the subject property 435 south 56th street

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it's a corner property that last known legal use was a commercial first floor and a nine unit

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a boarding home, a single room residence with nine units. So there were nine residential units

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and one commercial space in the two-story property. And I'm going to go to this prop.

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This project goes back pretty long. In 2019, we put an application in for a four-family dwelling

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and uh we met with achievability and in person this was of course pre-covid

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we met with the community achievability which was the rco at the time uh we met to a full house

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everyone on the block uh and as this letter states uh there was overwhelming support for the

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the applicant's variance request. Then my client, Mr. Wright, unfortunately had a stroke and went

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into a coma for a very long time. When he came out and recovered, he decided that what he'd like to

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do is put an addition on the property so that the units, instead of four very small units,

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could be very you know substantial very nice high quality units that would promote longevity with

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larger you know larger families not just you know single individuals so we submitted for

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the construction of an addition at the rear and above existing structure with roof deck

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and roof deck access structures for the use of as a four-family dwelling. We got a bunch of

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refusals. We have submitted new plans with the proviso sheet for new plans that eliminate the

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first two refusals. The pilot house associated refusals are no longer germane. The maximum

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occupied area and the rear yard those two are already pre-existing non-conforming uses so the

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property already fits where it sits and so there's nothing really we could do about that

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so the primary refusal of course is for the four-family dwelling which again achievability

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room full of people had approved. Let me take you through.

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Here's the plot plan. Here's the existing condition. Here's the addition, rear and third.

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as of the date of this design each unit was a is a three family dwelling i'm sorry a three

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bedroom apartment uh after some discussion with my client uh it it appears as though there's an

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there's a want for a larger living area. So my client, if this board approves this appeal, my client

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So my client, if this board approves this appeal, my client would be willing to accept gladly the proviso that no more than two bedrooms per unit.

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That would ostensibly add a significant amount of living space, and it would be done relatively easy just by removal of a wall adjacent to the eat-in kitchen.

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So, we then circulated petitions for this, which is right here, there's the proviso.

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And I also want to tell you that what we did is with the revised plans, we went up and down 56th Street.

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I'm going to stop sharing this for one moment.

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I'm going to share another document, if you don't mind.

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56th Street.

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here's a dozen property owners adjacent to my client's property each and every one of them

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is on the 400 block of 56th street all of them support the application and the addition

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for the february 17th 6 p.m hearing i've already submitted this these new signatures to attorney

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Saleta. I'm going to go back to here and I'll just show you some. So here's the rear of the

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property. The addition would be in the rear and then we would add a third floor. We're completely

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compliant with height. So that's not an issue. Again, as you can see, it's 88% of the lot is

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already taken up by the existing property. So the open air refusal and the lot percentage is a

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pre-existing non-conforming sort of situation. Here's the interior of the property. My client,

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his name is Gregory Wright. He's from this neighborhood. He grew up there. He still lives

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there. He's done several projects in the neighborhood. He is very well regarded and

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well-respected, which is why Achievability gave him overwhelming support. Every property that he

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takes over and revitalizes, he does just a perfect, wonderful job. Here's the flyer that

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went out for the most recent RCO meeting. And there's the deed. And here's the tax certification

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that proves that Vista Company mailed out 170 of the two-page flyer, and here's your tax cert.

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We met with a, for whatever reason, when we came back the second time with the revised

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application with the plans, Achievability was not selected as the RCO this time.

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There was another organization by the name of West Philadelphia Economic Development Council.

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We did meet with them.

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Again, you saw the 170 pieces of mail that were sent out.

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No one from the immediate neighborhood came.

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I could only venture to guess it's because they had already met with the applicant about this project.

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They had already voted to unanimously support it.

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They've already signed petition to unanimously support it.

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So I'm just assuming that they didn't think they needed to come, I suppose.

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I don't know.

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Nevertheless, it was hosted by Mr. Sampson, and he did send a letter of opposition.

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uh i was a little disappointed that he based opposition on what uh what he thought he didn't

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receive he said he didn't receive the addresses to which we sent the mailing uh but as you all

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know we all know uh the planning commission emails the rco those addresses as they email all of us

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those addresses uh we did send him the binder with the signatures uh we presented those signatures

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to him uh and the 56th street uh signatures as soon as i got them uh this morning i sent them

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over to him so um because they were recent because of the new plans so um the only other person who

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was at the rco meeting i mean mr sampson was kind enough to host it but it was sort of taken over uh

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by a one, Jihad Ali, who doesn't even, doesn't live in the neighborhood at all.

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What was that? I'm sorry, say that again.

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what was that i'm sorry say that again i said the only other person mr sampson was kind enough to

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I said the only other person, Mr. Sampson was kind enough.

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host the meeting but it was pretty much taken over and by a mr jihad ali uh who doesn't necessarily

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it's our belief doesn't live in the neighborhood um because he seems to show up at other rco

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meetings as well i understand he's a developer though and he was associated with i think a former

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RCO, which was the Southwest District Services, which from what I've read was pretty controversial

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with a somewhat sordid reputation. But nevertheless, this was a meeting that sort of

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went off the rails, didn't address any of the substantive issues. When they did mention,

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Mr. Sampson sort of tried to mention the pilot house issues we told him that we commit to a

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redesign so they're off the table and his letter though does I think speak to the living space is

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not being large enough and again my client agrees to the proviso of no more than two bedrooms per

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unit given the the property history the overwhelming support of all the folks on 56th street

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in addition to all the other folks that signed the petition we respectfully request that this

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relief be granted it has been empty for many many many years again with the last proper

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proper use being a rooming house with nine beds.

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I'm going to go back again.

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You said back in 2019, it was approved for four dwellings.

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By the community.

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Yeah.

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Do you have your client?

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Yes.

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Mr. Wright, could you please raise your hand?

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Mr. Wright, you've been unmuted.

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please wait for the chair and unmute yourself.

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Mr. Wright, you've been unmuted. Please unmute yourself.

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Yes, I'm unmuted. Can you hear me?

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Yes, Mr. Wright, please identify yourself with the record.

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Spell your last name.

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Gregory Wright, W-R-I-G-H-T.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Thank you, Mr. Anastasio.

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Thank you, Mr. Chair.

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Mr. Wright, did you hear my presentation to the board today?

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I did.

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Was it true and accurate to the best of your knowledge?

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It was.

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And would you adopt it as your own testimony if need be?

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I do.

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And are you from this neighborhood, sir?

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I am.

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And do you regularly rehabilitate vacant properties in this neighborhood?

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Yes, definitely, with the support of the neighbors.

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Okay.

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And you did attend the Achievability RCO meeting with me at the first application.

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Is that correct?

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Yes.

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And was there not a pack full of immediate neighbors?

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Yes, with people actually from the neighborhood.

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Right.

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And did they overwhelmingly vote to support this?

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yes because this property has been vacant for a very long time that's correct okay and it do you

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also agree to the proviso if the board so chooses to grant this appeal to no more than two bedrooms

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per unit in order to expand the live the common living space yes thank you i have nothing further

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mr chair questions from the board no no anyone else would like to testify in this case please

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raise your hand chair i have kyle sampson you've been unmuted please wait for the chair

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good morning mr sampson please identify yourself with a record first and last name and provide

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us with your address morning kyle sampson president of the west philadelphia economic development

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council 255 south 58th street we're confirmed to tell the truth the whole truth nothing about the

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truth absolutely thank you sir please proceed uh the rco submitted a report and recommendations

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to the board i don't know if you have that or not uh sharon do we have are they provisos you're

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talking about? Well, we've presented 11 concerns about the building with regards to

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11 concerns about the building with regards to dimensions and density and and how it's no

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hardship that was sent to the board we do have it i it will take a minute to pull it up

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all right continue sir while we're getting that information we we don't feel as though this is a

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hardship and one of the concerns that we had uh council keeps talking about how the previous rco

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so many people came out. This meeting, not a single resident came out. And I personally

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knocked on some of the near neighbor's doors. They never heard about it. Committee person lives a few

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blocks, a few doors down from the building, never heard about it. So I'm a little suspect when they

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say that they sit in mailings out. And what I would propose, and I've talked to the council

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person's director of equity and perhaps we'll have another RCO meeting where residents can,

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in fact, give input and this RCO will pay for the notices and will send the notices out.

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I'm not confident that notices went out. Not one single resident showed up on that Zoom.

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and the petition that he circulated he showed the petition at the rco meeting

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said he would send it to me never sent it to me and then sent me something nine about nine o'clock

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this morning there were updated signatures never sent me the first one or the updated one until

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this morning i mean so we couldn't check because i usually check and i check with the committee

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people and see if this is i mean we want to find out we don't want to be flim flam we don't want

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the community to be flim flam so i would i would suggest that uh in the spirit of cooperation and

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i think the council person's office would support this idea of the rco sending out notices not not

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not from the law firm asking that residents come to another meeting but you're asking for a

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continuance. Okay. All right. Mr. Chairman, we started this in 2019. Vista mailing company is

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well known. Most of us at the zoning bar use Vista. If they certify that 170 pieces of mail

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went out, it did. Again, I ventured to guess that folks didn't see a need to come out because they

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had already come out and supported this project, which makes, I think, a little bit more sense

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than um you know uh suggesting that someone's being flim flam i think i have a reputation

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uh that's unimpeachable and my client has a reputation in the community that is unimpeachable

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so uh we don't play that i understand that i understand that my question is that the the

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plan that was presented in 2019 the physical plan that hasn't it changed now because of the additions

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That's correct. And that's why we took the new physical plan with the addition to the folks on 56th Street and got them to, we also presented that at the most recent RCO meeting, but folks didn't show up.

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So when folks didn't show up, and the only person who did show up doesn't even live in the neighborhood, other than Mr. Sampson, we decided that we needed to go door to door, because we need to make sure that the immediate neighbors understand what we're doing.

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And that's the proper protocol.

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Understood. All right. Anyone else would like to testify in this case, please raise your hand.

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chair we have andrew goodman mr goodman you please unmute yourself and wait for the chair

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again mr goodman please identify yourself for the record you're still under oath

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good morning andrew goodman g-o-o-d-m-a-n representing the office third district

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council member jamie gaudier please proceed we we will be in favor of mr sampson's proposal to host

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host another community meeting given that it is highly irregular that zero you know that attendance

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at a meeting like this is zero even in today's times that is highly highly irregular um we could

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certainly help with the outreach as well and we can speak to this particular is um rco's effectiveness

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at doing additional outreaches above and beyond what the what the code requires of rcos so we

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would we would be in support of that thank you mr chairman it's it's not irregular if we've

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already had a meeting that was very well attended. I understand, but there are some conflicting

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comments about that. I'm not accusing anyone of any wrongdoing. I do respect your credibility in

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these cases, but I think that there's an opportunity, there may be a better opportunity

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if we do continue this case for a relatively short period of time.

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uh for a relatively short period of time uh and that way uh there will be no question

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as to whether or not uh proper notification that has been

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offered because the councilwoman's office will be involved in that correct mr goodman

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exactly yes who would be responsible for the notification and how would we serve

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I think Mr. Sampson said he would take that responsibility, but I believe they would work.

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I would suggest that he work in conjunction with the councilwoman's office.

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And I would ask respectfully that there be some sort of verification of this outreach by somebody independent like Vista Printing.

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Well, again, I would say that the independent person, in my judgment, would be the councilwoman's office.

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If you say so, sir.

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You may disagree with that, but just saying,

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but the councilwoman is not going to suggest something that was occurred

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when in fact it did not occur.

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So I'm going to rely on the integrity of Mr. Goodman

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and the councilwoman's office to see that a proper notification is delivered.

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Very well.

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If we could keep it to mid-March, that would be helpful.

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Find out right now.

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Ms. Sunkett

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we have a date for a resumption hearing

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the 24th at 9.30

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okay

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thank you

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MI2020-002479

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435

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South 56th Street

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this hearing will be resumed

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on March the 24th

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at 9.30 a.m.

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at which time we will consider

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any feedback related to the RCO

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and the Councilwoman's position

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Mr. Chairman, just for clarification, the record isn't closed, though, is that correct?

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I'll be able to rebut if need be.

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Correct.

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Thank you.

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Have a good rest of your day.

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Thank you, everyone.

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Next case.

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Calendar number 1486-48-62 East Penn Street.

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The attorney is Rich Weitzman.

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Mr. Weitzman has been promoted to panelist.

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Mr. Weitzman, can you put your name and address on the record, please?

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Yeah, of course. Good morning. Richard Weitzman, 3 North 2nd Street, Suite 200, Philadelphia 19106.

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I represent the owner of the property, Emmy Investments, LLC.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Do you agree to waive and stip?

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Yes.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos and plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes to all, although with the exhibits, I do note that my assistant informed me on Monday that she thought my email had bounced from mid last week.

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So I did resubmit again on Monday, the exhibits and plans and photos.

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RCO letters came in yesterday, I believe.

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Okay, you may proceed.

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Okay, thank you.

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Good morning, Mr. Chairman, members of the board.

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I'm actually excited to present this project.

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This property was known as the Waring House.

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it's a historical home in germantown uh property is approximately 8 500 square feet

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and uh prior to my client's ownership of the property it was most recently used as a

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community center and for group living and in fact after my client acquired that

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acquired the property he was approached by some folks in the community who were proposing to

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purchase it and to uh restore it as a community center and for that same group living uh those

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discussions never came to fruition but just by way of background I wanted the board to be aware of

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that uh this project has gone through the historic commission and we do have their approval uh with

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respect to the renovation to the exterior of the building as well as for the windows uh we have

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also met with the RCO. Excuse me, do you have exhibits? Oh, I'm sorry. Let me share my screen.

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do you have exhibits oh i'm sorry let me share my screen

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um thank you tom sorry about that

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i jumped right in

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okay so this is just a store photograph of the property just for some perspective and i do have

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some photographs of the exterior which i'll share as i work through my presentation

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So we did meet with the RCO. There are some provisors which I'll address as we go through this.

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With respect to the exterior and as well as for the interior, most significantly on the interior, my client has agreed that he would maintain the historic nature of the property to the best he can.

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And that includes, I think most significantly, it was the fireplace, which I'll point out, which would be in unit 1A.

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The RCO vote, we had fairly, we had actually submitted this originally in 2019, met with the RCO, received some pushback with respect to the original application at eight units.

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following those discussions we we did reduce the plan to six and that's what we're here for

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this morning is is our six unit plan uh with respect to we then met again in november of

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2020 with the rco with our six units in mind uh the near neighbors there was three in attendance

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three voted not opposed with proviso that we include uh condominium ownership which

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we are not opposed to. With respect to the community, 13 in attendance, the numbers don't

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quite add up for me, but I'll read off what was in the email from Ms. Weiss. Six were in support,

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two voted not opposed, zero opposed, same with the same legal proviso for condominium ownership.

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I do note that the solo board voted four opposed. That was based on supporting single family

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ownership only so I think that was more of a principal vote than anything else there are two

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issues before the board one is a dimensional variance so we are seeking a and I'll just show

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right here we are seeking a subdivision as part of this and there is an existing historic garage

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on the property and that garage existing garage that is part of the historic commission's purview

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we have agreed to keep that garage intact and to to renovate it and restore it as part of the

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process the garage itself is 364.80 square feet maximum allowed would have been 130 square so

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So the garage as an accessory structure is an existing non-conforming, but it is an impediment to completing the subdivision.

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So we do ask for support on that issue.

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The more important issue is the proposal for six units in an RSA2 single-family property.

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So I will give some perspective of the property.

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So this is how it sits currently.

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uh still in relatively good shape my client has done some work to uh just to maintain its existing

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uh structure as i said it's a rather large home uh just some side view just to see again what's

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going on to the exterior so it does require both interior and exterior

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or renovation work this is a view of the backyard it sits behind well I guess in front of a school

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to the rear of the property just another view of the back and the side so our proposal at six

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units the building is not only historic in this but it's it's also unique in the neighborhood

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One of the folks that I have with us this afternoon, well, as I think we just flipped into the afternoon, is Oriole Zach.

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He's a licensed real estate agent.

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He did some research regarding it.

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The next closest home of this size he could locate was in BrynAthen, Montgomery County.

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There did not, based on his research, there did not appear to be any comparables within any close proximity to the property itself.

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We believe that the six units represents the least modification necessary to make use of the

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property and I have three reasons that I would give for that. First is that the the retrofit

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the retrofit and renovation required for the property to comply with the historic

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and renovation required for the property to comply with the

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commission requirements and to maintain the historic nature of this property are substantial.

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My client believes that the cost of renovation potentially would exceed the value of the

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property and that assumes that we could find a comparable to be used for an appraisal.

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Second, in attempting to keep the home as a single family, the poll of buyers is drastically

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reduced. This property was marketed and was on the market by Mr. Zak for a substantial amount of time

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as a single family residence. Notably, there was no offers. Plenty of people came through.

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The folks that came through were builders and developers looking to do something else with

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the property. As a result, we argue that the purchase of this nature would require a cash buyer

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because of the comparable problem. It would also require a buyer who is in the position to maintain

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the historic nature of the property on an ongoing basis. We submit to the board that application of

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the code on this property presents a hardship in as much as single-family use actually imposes

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downward pressure on the value of the property. And then lastly, with respect to the units

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themselves there is also a balancing that was made in both the design and sizing of the units

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a unit which is too large is not sellable because those potential buyers look for single-family homes

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and therefore in preparing the drawings and apportioning the sizes of the units

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we were mindful of of that part of it and tried to keep each of the units under

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2,000 square feet. So before I, I will walk the board through the plans, of course.

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But so of the six units, I've got five two-bedroom, excuse me, five two-bedroom units,

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and I've got then one unit that is one bedroom. Okay, so this is just the property as it sits

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on the lot. Over here to the left is where the subdivision would occur to divide the property

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and two and then the existing structure so we've got a shared driveway here current uh we propose

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seven parking spaces i'll zoom in a bit just so that we can see it a little bit better the parking

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is in and around the perimeter of the building sorry my zoom camera is in the way of

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So, I've got one, two, three, four, five, six, and it looks like I missed one.

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Oh, four. Sorry. Four, five, six, seven. So, seven parking spaces are included in the plan,

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as well as then a drive area to the rear of the property. And then, of course, going up towards

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the top of the page is the is the where the school sits behind this property

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so essentially the plan calls for a common vestibule

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where you would enter the property stairwell takes you to the second floor unit a goes off

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to the left here uh if i'm not mistaken i believe this is the the fireplace here although it could

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be on this left side and maybe I do have Frank Cuthbertson from CKG Architect to that we might

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be able to verify for me which of these structures is the fireplace but during the RCO meeting there

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was a a comment that to the extent that we could keep that it was preferred and my client is

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amenable to that he's amenable to maintaining to every extent practical the historic nature of the

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property so uh the unit 1a works its way to the rear of the property here you've got two bedrooms

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in the back and then uh so the rear here is the kitchen and dining area unit 1b enters the same

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vestibule to then to the right uh into a living area bath two bedrooms over here and then the

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kitchen and dining area is to the rear here there is a door that it's a typo says unit 1c entry it's

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unit 1b but that does lead out then to that side of the property where the the driveway is in one

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of the parking spaces excuse me council yes the garage is that a living space the garage is not

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LIVING IT WILL BE USED FOR TRASH AND FOR STORAGE. THANK YOU.

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Thank you.

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And that was one of the provisors as well through the community that we've agreed to.

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AND THAT WAS ONE OF THE PROVISORS AS WELL.

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Okay, so first floor.

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Second floor, you have Unit 2A.

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You come up the steps, you enter Unit 2A over here.

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Again, I've zoomed out a bit so that you can get a better perspective, but you've got a sizable living area as well as then a kitchen.

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You do have an outside patio here.

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It's elevated above the first floor. Unit 2B, likewise, actually I think this is Unit 2C,

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has access to this deck area here. Unit 2A is a bi-level unit, so these stairs are internal to

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Unit 2A, which we'll get to the third floor in a moment. Unit 2B is off here to the right. It's

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also two bedrooms unit 2c then is to the rear

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here it's a smaller unit but it is one bedroom kitchen bath living area and then like i say

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outside access to that patio third floor then completes unit 2a is completed up here on the

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third floor and then to the right here is unit 3a which is also a two bedroom i don't know if i

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mentioned sizes. First floor units are just under 1,300 square feet each. Unit 2A, although

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a bi-level unit is just under 1,000 square feet, 965. 2B, 995. 2C is that smaller unit

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at 668 and then 3a is at 1120 square feet just give me one moment

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okay so

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if i'm not mistaken we did agree that there would be no dumpster that was one of the issues that the

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community raised uh like i we would also maintain my note showed that there was one tree in

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particular in the front yard it was a red beech tree that we would agree to to not disturb to

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the extent that it's it's healthy and and can uh remain uh we've agreed that the renovation to the

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interior as well as the exterior would be in line with historic commission requirements and uh i

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believe there was some at the time of the RCO meeting my client had actually suggested that

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certain elements of what they would what they propose to do in the course of construction would

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actually be an enhancement to the to those minimum requirements. I would also note that there is

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proposed there will be laundry stackable units in each of those units. My client has taken no action

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or done anything to the property that would create this hardship to the extent that he

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could renovate for use as a single family we believe it's cost prohibitive and again it gets

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into not only the cost of the retrofit to single family purposes but the value at single family

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purposes on a house on a home of this size and of this nature we believe to to be prohibitive

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um i have with me my client who's a managing member of the entity aaron harari

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and then i also have uh the real or excuse me realtor oriel zach why don't we get uh

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your client on mr hawari i think you said yes harari that you'll have him to adopt your

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testimony and then we'll ask you if there are any questions. Yes sir. Good morning Mr. Harari

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please identify yourself with the records by your first and last name.

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You may have to raise your hand Aaron.

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No one by that name hand is raised at this time. All right Mr. Weitzman as an officer

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of the court will stipulate that your client would have adopted your testimony yeah he is on the call

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it's possible that he's connected under a different name no no worries uh any questions from the board

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no no anyone else would like to testify in this case if so please raise your hand

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chair i have joseph mccarthy

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mccarthy please identify yourself with the record name and address

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Mr. McCarthy, please unmute yourself.

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He's unmuted from what I can see.

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Mr. McCarthy.

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Anyone else have their hand up?

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Tina Marie, excuse me, Tina Marie Russell, please unmute yourself and wait for the chair.

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Morning, Ms. Russell, please identify.

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Hello?

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I said, sorry, that was an error on my part.

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No problem.

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anyone else we have charles richardson the richardson good afternoon mr chair and members

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of the board charles richardson from the office of councilwoman cindy bass room 312 city hall

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firm to tell the truth the whole truth nothing but the truth i do please proceed uh having uh

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received the letter from the RCO. They are in agreement, but with provisos that they're

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requesting, but the Councilwoman does note that the provisos are unenforceable. So she has no

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objection to granting of the variance as it stands at this point. Thank you, and you're correct. The

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provisos are not enforceable. All right, anyone else? Mr. McCarthy has his hand up again, Chair.

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do you want me to unmute him yeah if he's there fine please unmute yourself mr mccarthy mccarthy

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well obviously having technical difficulties anyone else if not planning commission

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good afternoon brian wendrick planning commission staff this property is

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indicated for residential use on the comprehensive plan. The proposed use is consistent with

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neighborhood and the comprehensive plans, which encourage multifamily use as a means of

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preserving large existing historic buildings. Accordingly, we have no objection to the granting

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of the variance. Thank you. MI 2020-001486. 48-62 East Penn Street. My vote is yes.

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my vote is yes my vote is yes my vote is yes my vote is yes

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thank you Mr. Weissman thank you Mr. Chairman and members thank you

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Carol I muted you back you have to keep muting yourself because we're

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getting the feedback from you and Miss Tenere maybe in between breaks you can

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log out and maybe get back in and maybe that'll fix it

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calendar number 2491664 union street

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anyone here for 664 union street

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There's no exhibits, Chair, and it's the first listing.

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I have someone here who's, excuse me, I'm unmuted now.

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Hello everyone.

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Good afternoon, sir.

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Please identify yourself for the record, first and last name.

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My name is Serge Moslenkov.

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Your first and last name, please.

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Serge, S-S-E-R-G-E, and the last name is Maslenikov, M-A-S-L-E-N-N-I-K-O-V, and I am an owner of the property, and my attorney is supposed to be here, so I'm just wondering if he's there or not.

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Your attorney's name?

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Yeah, Sharon.

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I'm sorry, this is Sharon. We don't have any exhibits for this case.

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okay sir we don't have any exhibits so we're gonna have to continue this case

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sure you'll get notice of the continuance mi 2020-002-491-664 union street is continued must

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be heard i'm sorry if i could ask chair um if we can find out who the attorney is of record for

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applicant uh his his name is leo mobile hill yes thank you thank you you will be noticed

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your you and your attorney will be notified of the next date sure thank you thank you

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calendar number one one zero two six seven nine north broad street the attorney is engine

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I BELIEVE THERE'S A LETTER OF SUPPORT WITH PROVISORS FROM THE 14th

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I believe there's a letter of support with provisos from the 14th Democrat Ward Committee.

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Mr. Jin, you've been promoted to panelists. You may unmute yourself.

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Thank you. Good morning.

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Good morning. Can you put your name and address on the record, please?

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Yes.

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Zin Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia, PA, 19103, here on behalf of the applicant.

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Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Do you also agree to wave and stick?

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I do.

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Have you emailed the exhibit packet with the required documents, proof of ownership, tax compliance, refusal or referral, photos and or plans of the property five days in advance of this hearing?

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

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I do.

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Okay, you may proceed.

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Thank you very much.

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I'm going to share with the board the information.

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This is an application that is before the board for a second time with slight changes from the original.

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we have the refusal a letter in support from the community with provisals which for the most part

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we have no issue with except for one that i'll address during my presentation photographs plans

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task clearance deed and application forms with regard to the refusal itself i'm going to use

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the tabs to jump because it's easier uh the this is a cmx4 property located on north broad street

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near Ridge Avenue. The code actually supports more density in these areas. We originally came before

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the board for reduction in unit count to two family, which was itself a variance. However,

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after consulting with her new architect, my client decided to go ahead and go with three units,

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which actually is conforming to the code, but triggers a different variance in this case for

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one parking space. Now there is a hardship to meet that requirement here because this property

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has the unique situation of being towards the point of a triangle between Ridge and North Broad

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and the lot itself does not run street to street. My client's lot only covers half of

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the distance between what is North Broad and Ridge Avenue. Therefore, it is landlocked.

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In addition, there is an existing business that is also owned by my client that is operated by

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my client for many years. So to allow for an all-street parking spot is simply physically

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impossible in this case. Other than that, we have met with the RCO and discussed the case

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with their committee and with the local community, having not received any true feedback that is in

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opposition, the community's primary concern is that because of the addition of residential,

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they are concerned that trash would be managed properly. Because my client owns the restaurant

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business on the first floor, there are existing commercial pickups. She's going to utilize that

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as well to make sure the tenant's trash is picked up regularly by commercial pickup.

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One of the only things that was mentioned in the provisals we may have issue with is the 30-gallon

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trash storage within the unit. We did put in the plans internal trash storage. I just cannot be

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sure that it can fit 30 gallons because the size of the unit and the trash storage location

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may not be big enough for that purpose.

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We have marked out a trash storage section

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in the kitchen for every unit

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that will be at least 10 gallon plus to store trash.

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But I'm not sure, 30 gallons seems like a large space

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that I'm not sure tenants will want to keep

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30 gallons of trash within the unit

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when they can walk downstairs

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through my client's basement section

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to just simply drop trash in the back container where she has a dumpster for commercial pickup.

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So that's the only thing I have concern with with regard to the provisals.

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We don't have any issues with the other provisals of making sure,

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I'm sorry, let me zoom properly here. We don't have any other issues with the provisals that

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were requested for no gray black bricks. That's not a problem. Garbage disposal being in the units

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not a problem. The out of view is already out of view because the trash that her business uses is

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out of view in the back of the premises. They have a rear yard with an access alley and therefore is

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not in view of the street with any trash. So finally, the only one that we have issue with

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So finally, the only one that we have issue with is the size of the trash containment within the closet.

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is the size of the trash containment with

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That is the only thing I have concern with.

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The layout is pretty straightforward.

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The existing business has the first and basement, and three new floors will be placed on top of that.

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As an addition, each floor being its own residential unit.

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And it will be accessed through a stairway that allows access to the upper units.

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And the rear of the unit is offset from the first floor size to allow for HVAC.

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And finally, there is still an actual rear yard that is in existence along with an access

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alley from Ridge Street where normally the trash truck comes.

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they send someone up to take the dumpster back and trash back from this rear yard and that is

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how the trash is dropped off. There's also access through the basement both from the front all the

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way to the back rear and part of our discussion with the community was my client being that

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this is her building and her business she would work out something with the tenant if they have

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extra trash that is overflowing internally she can allow them access through to get easy access

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to the rear dumpster for trash placement so trash management should not be an issue here and again

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this is on north broad street and parking there's actually a parking lot across the street and

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on the street parking after business hours tend to be pretty plentiful on north broad although it

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is likely that tenants may park on Ridge Avenue as well. But we don't believe one parking

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spot variance will provide a hardship to the community in this case. So that concludes

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my presentation. I'm happy to zoom into any particular slide and answer any questions

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from the board. Thank you. Do you want to have your client

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My client should be here, Ms. Chen, Jun-Yen Chen should be present.

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She's logged under two devices.

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Okay.

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I'm not sure, is she on the phone?

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Ms. Chen, you feel free to speak, please unmute yourself.

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Mr. Jan, can you speak up?

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Mr. Jan, just do a follow your client's first and last name.

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Yes, my client's first name is J-U-N-E-N.

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Last name is C-H-E-N.

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as an officer to court will stipulate that your client would be adopting your testimony

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with that are there any questions from the board no no anyone else i'm sorry anyone else would

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like to testify in this case please raise your hand chair we had diane moore you may unmute

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yourself miss moore and wait for the chair good afternoon miss moore please identify yourself for

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record and i'll swear you in okay diane monroe chair the 14th ward rco thank you swearing a firm

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to tell the truth the whole truth yes i did thank you please proceed okay thank you very much and

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good afternoon um mr zen you just said about the 30 gallon can um storage area as you know

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we do have a great concern about trash and last two years ago when we approved the project for

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two units um and that was part of the provisos to have a 30 gallon can that is what is customary

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um for holding trash under normal circumstances in regular everyday living so i i don't understand

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why now you have a concern about not agreeing to the 30-gallon can.

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Well, let me interject if I will.

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I understand the concern that it may not be feasible.

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And again, Diane, with all due respect, I don't know how we can enforce it,

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but I'm willing to put that in as a proviso.

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Okay, great. Thank you. Because, you know, we just have, you know, we don't have any other problems with this project. And we're willing to, you know, we understand the hardship, but we do have a hardship with trash in the community.

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Okay, great.

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Thank you, because, you know, we just have...

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So we'll make that a provisor, but also, again, you do have one advantage this property has is that the owner has the commercial property next door and they do have commercial pickup.

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exactly and we we appreciate that too and if they want to reduce we could talk later but we're

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looking at that 30 gallon can we know what the habits of people what they what they're doing

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and with the community and we see too much trash understood i mean the prior um proviso was internal

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trash storage um not a specified gallon size so that that's why i just wanted to raise that with

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the board that you know we had always agreed to some type of internal trash storage okay

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thank you thank you okay miss monroe anything else

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i think not okay uh anyone else would like to testify in this case please raise your hand

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i see no hands here thank you planning commission

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good afternoon brian lenrick city planning commission staff this property is indicated

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for commercial mixed use on the city's plan given the existing context of the block and

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the proposals consistency with our adopted district plan goal of directing increased

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density near transit locations we support the granting of the variances thank you very much

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mi 2020 that's zero zero one one zero two six seven nine north broad street my vote is yes

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with the following provisos commercial trash pickup interior trash storage accommodate a 30

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gallon container my vote is yes with proviso yes with proviso yes with proviso yes with proviso

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thank you and i believe that concludes the 9 30 list is there any unfinished business

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no chair okay i'll see the board back at the 145. okay

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board the board will have an executive session at 145. chair i thought we were going to start

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that next week oh okay i'm a little ahead of my time thank you all right by the way if i ever

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mention about we never get done past 12 o'clock again just tell me to shut up

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never cheer

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all right talk to you too goodbye okay and we'll wait to hear from fatina when she's ready

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we're all ready chair everybody's already in the room we were live already

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okay pardon me good afternoon everyone my name is frank de chico i'm the chair of the zoning board

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of adjustment i'll be participating today in today's hearing along with our vice chair miss

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Carol Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr.

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James Snell. Board Administrator, Fatina L., and our Board Attorney, Ms. Sharon Saleta, are also

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in attendance. For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we will be administering oaths

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to individual participants prior to their testimony second we'd like to advise everyone

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that this proceeding is being recorded and that by participating you acknowledge your agreement

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to be recorded and that this recording excuse me this recording will be available to the public

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on the web or otherwise for anyone participating by phone if you wish to testify you must raise

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your hand by hitting star nine and then star six to unmute yourself. I'll repeat, for anyone

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participating by phone, if you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. Finally, to enter an appearance statement, call Google

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267-270-5548 and leave your email address and the address of the property at issue. I'll repeat.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address

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and the address of the property at issue. I'd also like to remind everyone, please do not attempt

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to testify in the chat any comments should be directed to our board administrator

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ms fatina l with that i will read a list of continuance that have already

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With that, I will read a list of continuance that have already been requested.

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On our list, number two, MI 2020.

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Let me start somewhere else, excuse me.

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My understanding that MI 2020-002758, 3018 Midville Avenue, is a request for a turning moving party.

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number next uh on our list is mi2020-0007171330 vernon road is withdrawn

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mi2020-003256 1702 altar street is request for continuance that case will be continued must be

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heard. And I believe that is the last of the continuance that have been requested so far

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and withdrawals. Anyone else? Is anyone who objects to any of the cases that have been

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continued or withdrawn? Please raise your hand.

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Patina, are you there?

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Chair, we have, we have you, I'll say that again, I'm sorry.

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we have yuri yuri hi this is yuri yuri um identify yourself first and last name spell it

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please uh yuri first name is yuri y-u-r-i last name zaltzman zs in zebra a as in apple l's in

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lima zs in zebra m as in mary a as in apple n as in nc zaltzman swear and affirm to tell the

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truth the whole truth nothing but the truth. I affirm. You are here and requesting a continuance

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nature of your business. Uh 7430 State Road.

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Uh yes you're are you what I'm state your business are you asking for a continuance

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No, I'm not asking for a continuance, sir.

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Are you the attorney?

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No, I'm the client, my attorney.

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You'll have to wait.

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That's on our list.

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We'll get to your case.

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I'm only asking if anyone has a request for a continuance or withdrawal.

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Please raise your hand.

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Chair, we have Adam Labor.

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Good afternoon, Mr. Labor.

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Please identify yourself for the record.

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You're still under oath from this morning.

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Good afternoon, Mr. Chairman and members of the board.

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Adam Laver of Blank Rome. I have been in touch with Ms. Saleta, counsel for the board,

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regarding 2750 Rear Aramingo Avenue, MI 2020-001964, to request a continuance with

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attorney as moving party. Okay, without any objection, MI 2020-001964, 2750 Rear Aramingo

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Avenue, attorney moving party. Thank you. Thank you. Here we have Sean Ward.

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The Ward, your client was just on. Please identify yourself for the record. Yeah,

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Sean Ward on behalf of Uri Zalsman, 7430 State Road.

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I was trying to head him off.

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I don't know what he was doing.

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But Mr. Chairman, are you taking requests for 3.30 yet or just 2 o'clock?

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Just 2 o'clock.

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Okay.

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Very good.

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I don't think we can do that yet.

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There may be other parties.

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Thank you.

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Very good.

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Anyone else?

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Here we have Mary Jones.

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Yeah.

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Before we get to Mary, so Sean, that you'll know if you're listening,

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yours is the last case on our list so maybe at the end of the case we can address your issue

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having said that miss jones uh yes good afternoon please identify yourself you're still under oath

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from earlier this morning mary jones representing uh the office of council president daryl clark

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on the 5th Council District City Hall, room 494. I was asking for a continuance 2144 North Dairy

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Asking for continuance, 2144 North Darien Street, that's MI-2020-003230, I believe.

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industry.

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I've been in contact with the RCO.

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I don't believe there's been a meeting at this time.

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We don't have any record of it.

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Excuse me, this is Sharon Saleta.

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Rich DeMarco is the attorney, if we could call him.

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Yeah, of course, I see on our notes that there was petition of support from neighbors.

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If Mr. DeMarco is on, please address the issue that was raised by Ms. Jones from Council

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President Clark's office.

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Yeah, is this 2144 North Darien Street that we're talking about?

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Yeah, just please identify yourself first.

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Good morning.

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Hi, good afternoon.

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Richard DeMarco here.

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Yeah, we have the letter.

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The letter, there was a unanimous vote in support, and I'm sorry that the council person's

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office. The RCO took very long to get us the letter. We actually got it this morning. I have

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it. I did forward it to the board a moment ago. There was a unanimous vote in support of this

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application. Ms. Jones, if Mr. DeMarco gets you that letter, would you still be requesting a

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continuance? No. If there was a meeting, then it's fine. I'd like to see the letter, though.

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So, yeah, Mary, I'll email this to you right now.

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Okay, thank you.

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Thank you.

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Thank you.

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Thank you, Mary.

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Anyone else request a continuance or withdrawal?

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Here we have Ashley.

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Hi, my name is Ashley Colabella.

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Lee, please spell your first and last name.

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Ashley, A-S-H-L-E-Y, last name Colabella, C-O-L-A, B as in boy, E-L-L-A.

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And I have a question.

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You swear to the firm to tell the truth, the whole truth, nothing but the truth.

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Yes, sir.

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The request for a continuance on 1702 altar, I'm wondering what that is

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as the community the board the zoning committee met and it was 15 objections so i'm not sure what

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the continuance can i believe i'll check with our attorney i believe the continuance request was

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uh requested by dawn tancredi the attorney is that that's correct it is yes

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so ma'am i apologize uh but uh that request came in and we're honoring that request

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so you'll know that that request will is to be continued must be heard.

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Will the community be notified of this new date?

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Yes.

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Excuse me, this is Sharon Saleta.

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I pulled up Ms. Tancredi's email and it does say they're requesting the continuance

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in order to allow time to meet with the community again.

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Okay.

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So Ms. Tancredi is available, Chair, if you wish her to speak.

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I guess maybe we should get her on the record, Mr. Tancredi.

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Good afternoon, Mr. Chairman.

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Dawn Tancredi here on behalf of the owner of the property.

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We did meet with the community.

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Dawn, Dawn, just do me a favor, just for the stenographer.

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Spell your last name and I'll swear you in.

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Sure.

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T-A-N-C-R-E-D-I.

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You're swearing for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you.

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Please proceed.

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Okay.

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so we did meet with the community after that meeting the architect made some changes to the

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plan so we intend to meet with the community group again or at least the near neighbors

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okay all right miss miss uh colabella that case will be continued uh you'll be notified of the

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date. Thank you. Thank you. Anyone else? No more chair. Okay, I believe with that, Carol, we can

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begin with number one on our list for two o'clock. Calendar number 3164-1127 West Lehigh Avenue.

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The attorney is Rachel Pritzker.

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good afternoon good afternoon Rachel can you put your name and address on the record

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for Rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street suite 1600 philadelphia pa

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19103 do you swear or affirm to tell the whole truth and nothing but the truth yes do you also

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agree to waive the reading of the refusal and stipulate into its accuracy. Yes. Have you emailed

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral, photos and or plans of the property, six days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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the exhibit packet with proof of ownership tax compliance?

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Yes.

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Thank you. You may proceed.

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Okay, thanks.

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I'm going to share my screen.

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okay this is 1127 West Lehigh Avenue this property is a large church at the corner of

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12th and Lehigh there is a active church community here however the structure is so large that

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there's about 15 to 20 additional rooms in the church that we're looking to utilize for small

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office spaces and that's basically essentially what the refusal is for for use as professional

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business and professional offices from the first and second floor for commissaries and catering

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services on the first floor for artist studios research and development sole practitioner group

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practitioner um and just so that we can keep this structure um alive and well it's a historic uh

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structure so just looking to add these uses um inside and it's zone rsa sorry it's zone rm1 which

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only allows for multi-family by right um so that's uh sort of our hardship and that's the corner of

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12th and lehigh commercial corridor again looking to just put some small business uses um we met

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with the community a few times, and we have a letter of support from them. I'm just going to

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pull that up for the board. There's the zoning map, as you can see, most of the other corners

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are commercial. Again, that's sort of in line with what we're trying to do. Large church,

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photos of the property. You can see we want to be able to keep this in good shape and utilize the

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inside. We met with the community, which was the 37th Ward Executive Democratic Committee.

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And they provided us a, we've met a few times, they provided us a letter of support.

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Basically, we made sure to eliminate any businesses that they would be concerned about,

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which is not included in any of our asks for use. And here's the letter, we had 21 in support for

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opposition and one abstained um and i believe um mary jones can speak to uh where the council

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office sits on this but the community is in support and so we're asking for the board to

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approve um these variances um just in the interest of time um if we could just um as an officer of

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the court mr chairman if i could just um have you on record have the client adopt my testimony it'll

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perhaps just save some time.

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Client's name?

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Your client's name?

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Oh, Ramin Salimi and also David Damaghi.

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Gentlemen, whoever's testifying, please raise your hand.

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can we have a um scott murphy that's an architect for a different case all right well maybe having

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some technical difficulties as an officer court will acknowledge that uh your client would have

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adopted your testimony thank you mr chair thank you any questions from the board no no no

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anyone else would like to testify in this case please raise your hand

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no hands at this time chair paula good afternoon uh planning commission good afternoon i am paula

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brumbelow burns and i need to be sworn in yeah please spell your last name your full name rather

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paula p-a-u-l-a brumbelow b-r-u-m as in mary b as in boy e-l-o-w burns b-u-r-n-s

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Do I affirm 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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This property is indicated for residential use on the comprehensive plan.

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We believe that the proposed uses will benefit the existing community and offer an adaptive reuse to this cultural landmark within North Philadelphia.

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Accordingly, we have no objection to the granting of the use variances.

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Thank you.

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MI 2020-003164.

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1127 West Allegheny Avenue, my vote is yes.

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1127 West Allegheny Avenue

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My vote is yes

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Sorry, West Lehigh

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Sorry, West Lehigh.

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Oh, I said Allegheny, I'm sorry, West Lehigh.

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My vote is yes.

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1127 West Lehigh, 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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Calendar number 1452-1627 Cater Street.

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miss stephanie is coming now and as a panelist good afternoon afternoon can you put your name

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and address on the record stephanie stephanie boggs last name is b-o-g-g-s clare harrison

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1835 market street street 1400 philadelphia pennsylvania

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes. Have you emailed the exhibit packet with proven ownership, tax compliance,

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refusal or referral photos and or plans five days in advance of this hearing and have you met with

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RCO, and do you have a letter? Yes. You may proceed.

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While I'm pulling this up, this application is for 1627 Cater Street. It's located on the northern

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side of Cater Street, between 17th Street and 16th Street. Historically, the property was used

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as a single-family home with a parking garage. The applicant here acquired this property

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in 2017, intending to use it as a single-family home with a parking garage and renovate it.

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After some research into the property, when they purchased it, it was determined that the property

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could not be used as it stood, and it needed to be demolished. So the property was thereafter

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demolished, and today's application is seeking approval to use this property as a single-family

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home with a parking garage, which was just historic use on the site. It is in the CMX2

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district, so having an active use on the ground floor is required, which is one of our refusals

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this evening, as well as having parking access from the front street is a refusal in CMX2.

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We also have a refusal for height here based on conversations with the neighborhood.

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An initial plan for this project was proposed based on a buy-right scheme that was not well

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received by our neighbors.

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We did have extensive conversations with them since then, and the plans that we're proposing

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today are the result of those conversations.

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So in front of you have a copy of the refusal.

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And down here we have our agreement with the neighbors.

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We are submitting revised plans for today to reflect the changes that have been agreed upon by the neighbors.

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We do have there not only the agreement that is on the screen now that we have with them that's included in your packet at tab 10,

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but we also have letters of support from the near neighbors in your tab at tab 15.

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We also have a letter from the coordinating RCO after we met with them noting their referral on this application pending the support of the near neighbors,

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which we believe is documented in our exhibit package.

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But to go back, as I said, we are requesting approval for three refusals.

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One is to have parking accessed by the front street.

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This part of Cater Street, there is no on-street parking.

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Along this side of the street, there is also an existing curb cut,

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along with consistent use across this block of having parking garages associated with single-family homes.

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So what we are proposing to do not only restores the historic use of the property,

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but it's also consistent with the existing character of the street. Going through these

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are other properties located along the street that show single-family use along the street,

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as well as parking garages that are across the street and at the adjacent properties.

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Coming down, we have the plans that we're proposing in connection with this project.

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We are requesting a proviso if you are inclined to grant relief here today, subject to revised

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plans in accordance with our agreement and discussions with the neighborhood, as well

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as with the revised agreement that we did sign with the coordinating RCO. So these plans currently

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in front of you reflect the agreed upon changes that have been discussed and agreed to with the

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neighbors. Excuse me, this is Sharon Saleta. Ms. Boggs, can I ask, and I apologize if I've already

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asked this, but are all four pages necessary? Do you need them all stamped? Yes. Okay, thank you.

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Yes.

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Okay.

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Thank you.

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Thank you.

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If there are specific questions about the plans, Jacob Roller is the owner of the property

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as well as the project architect, and I'd like to bring him on to adopt my testimony

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and answer any questions you have about the plans.

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Okay.

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We'll bring him on.

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Sarah, please identify yourself with the records by your full name, and I'll swear

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you in.

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I just need him to raise his hand.

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Mr. Roller, you can unmute yourself, spell your last name and wait to be sworn in.

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My last name is R-O-L-L-E-R.

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Mr. Roller, you swear and affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Jacob, have you heard my testimony this afternoon?

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Yes.

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Do you believe it to be true and correct?

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It is true and correct.

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The only clarification I would make is once the renovations had begun on the previous property and interior demolition had occurred,

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that's when it was discovered that the property was, in fact, structurally unsound and needed to be demolished.

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Thank you. Would you adopt any other statements as your own?

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Yes.

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Thank you. So if there's any questions about the plans,

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we're happy to answer those or about the project itself.

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Any questions from the board?

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No.

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No.

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No.

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Pardon me. Anyone else would like to testify in this case?

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If so, please raise your hand.

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yes chair we have a um chad cooper cooper please identify yourself with the records by your full

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name and provide us with your address my name is chad cooper c-h-a-d-c-o-o-p-e-r and i live at

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1604 cater street we're in the firm to tell the truth the whole truth nothing but the truth

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i do please proceed uh mr chairman uh and and the board i i thank you for um allowing uh me the

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opportunity to to speak here uh i'll try to uh be brief um my wife and i are actually uh the ones

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that are under contract to purchase this property at 1627 cater street uh and um we have lived uh

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on this street since 2005. And honestly, we've kind of outgrown our home. And we really we love

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this block. We want to stay on this block. In fact, when we purchased in 2005, we thought we

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would just stick around for a couple years. And then, you know, three kids later, we are still

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here we've actually on 1604 cater we built an addition when our son was born in 2012 and the

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pandemic has simply convinced us that we are we're bursting at the seams and this opportunity came

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along and my wife has just been phenomenal throughout this and has convinced me that we've

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We need to move.

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Our kids are starting Central High School in the fall.

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We desperately want to stay in the city.

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We need to find something that works for us.

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And her requirements were each child having his or her own bedroom.

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We have twin daughters as well.

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And a garage for storage.

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So we no longer have to have things like hockey nets, bicycles, and things like that in our kitchen.

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This came along.

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We've been working very nicely with Jacob.

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So we have the letters of support from the community. These are people that we, you know, hang out with regularly or did at least prior to COVID, hope to hang out with again really soon. And this has almost become like a dream project for my wife and myself.

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So I just wanted to reiterate that, you know, it's a neighborhood that cares.

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It's a block that cares.

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We've all worked together to kind of formulate what we think is a very solid plan for the entire block.

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And I just wanted to just show the board that, you know, we care.

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So I think we got the message.

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Thank you.

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Thank you, Mr.

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Frank, that sounds like a place I could move.

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I know.

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uh anyone anyone else uh to testify in this case

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no more hands here thank you uh planning commission this is paula brumbelow burns

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with the planning commission this property is indicated for commercial mixed use in the

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comprehensive plan it is clear from the materials presented that a garage has been in place on the

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It is clear from the materials presented that a garage has been in place on the property for some

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property for some time.

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time and has an existing curb cut. The properties along this block are all residential and we feel

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commercial would not be appropriate in this location. Additionally, the proposed building

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height is in line with the adjacent properties. Accordingly, we have no objection to the granting

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of the variance at this location. Thank you very much. MI 2020-001452, 1627 Cater Street,

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my vote is yes with the proviso revised plan four pages approved today my vote is yes with proviso

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yes with proviso yes with proviso yes with proviso to the gentleman and his wife thank

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you for staying in the city we hope we've contributed to your dream thank you very much

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have a good afternoon. Chair, if I may, can I do a technical check? Thank you. Fatina,

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can you do an audio check? Okay, thank you. She's back online. Thank you, Lakeisha.

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Calendar number 3134, 1931 Annan Street.

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Anthony Giuliano is representing himself, I think.

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mr giuliano hello how are you am i able to share my screen

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well you first wait one second please put your name and address on the record

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you have to unmute yourself my apologies it's okay

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Name and address.

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Anthony Giuliano, A-N-T-H-O-N-Y, J-U-L-I-A-N-O.

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It's 1931 Annan Street.

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Okay.

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I jumped too quickly.

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Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Did you send your exhibit packet in with proof of ownership, tax compliance, refusal, or referral, photos, and or plans five days in advance of this hearing?

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And have you met with your RCO, and do you have a letter?

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I did, and I have. Okay, you may proceed. Thank you. Sure.

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Okay, so I do not need to go through my refusal in this case. I just wanted to show some supporting

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photos for the project that we are proposing. I just moved into the neighborhood last year,

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and in the interest of adding an extra bathroom to this traditionally one bathroom single-family

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home i wanted to add a second and in the process figured out we needed to add more space part of

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that process was moving the existing second floor out over the kitchen which was already redone

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when we moved in so upon meeting with an architect and engineer ellie hayes is on the call as well

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we figured out that the back wall juliana excuse the interruption are you able to share some of

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those exhibits what we have up in front is the refusal my apologies no worries so this is the

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current back of my home uh as you can see the kitchen was at one point renovated the second

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floor does not come back over the back of the house uh the idea was to move the house the second

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floor back to the the end of the existing property um but upon evaluation this this wall here does

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not support a second floor. And through speaking with the architect, Ellie Hayes,

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and the engineer, the idea was to put two pillars into the back of the property and have a 30-inch

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overhang over the back, which is the reason for the denial due to open airspace. Our case is that

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the two neighboring properties are both further back. So this is the 1929 Annan Street setback.

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We're proposing to only go back to match this property so it would fully align with the back

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of this home. On the other side of our house is 1933, and this is the back of that home.

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So we simply would be asking for a variance to go just as far back as the neighboring properties.

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Is there any other questions or documentation? I think we have it. I don't know if Tom,

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do you want to see any drawings no okay all right thank you sir uh any questions from the board no

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anyone else like to testify in this case if so please raise your hand

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here we have richard demarco you may unmute yourself and you're free to speak

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DeMarco

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yeah I'm here

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DeMarco. Yeah, I'm here. I'm sorry. This is a share screen on my screen.

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Are you representing this case? No, no. Did I accidentally raise my hand?

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Yes, you did. Oh, I'm sorry. I don't know. I'm on 2144 North

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okay we got it all right sorry sorry no problem anyone else

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we have anthony gamble you may unmute yourself mr gamble and please wait for the chair

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good afternoon mr gamble please identify yourself with a record name and address

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Anthony Gamble

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2305 Federal Street

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PA 19146

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Say it again

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You swear and affirm to tell the truth

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The whole truth, nothing but the truth

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I do

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Mr. Gamble, please proceed

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I'm part of pointing to RCO

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With the Point Breeze Community Development Coalition

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And we are in support

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Thank you for your testimony

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Thank you

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Anyone else

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i see no hands chair thank you planning commission chairman and members of the board this property

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is indicated for residential use on the comprehensive plan we believe that the rear

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addition will not have a negative impact to the surrounding property owners accordingly we have

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no objection to the granting of the variances thank you mi 2020 does zero zero three one three

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1931 Annan Street. My vote is yes. Excuse me, sir. I believe it's with revised plans. One page.

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Is that correct? I'm sorry. The applicant's name is... Yes, there was a revised plan. If Ellie's

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online, could you just go through it? No, we're okay. That's my mistake. So let me read that in

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again. MI 2020-003-134-1931 Annan Street. My vote is yes with the proviso. Revised plan one page

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approved today. My vote is yes with proviso. Yes with proviso. Yes with proviso. Yes with proviso.

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You good luck to you sir. Thank you very much for your time.

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calendar number 2266 2000-34 north 2nd street the attorney is jared klein

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mr klein you've been promoted to panelists

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good afternoon mr chair members of the board good afternoon your name and address on the record

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please sure uh jared klein from blank rome 130 north do you swear from to tell the whole truth

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and nothing but the truth yes i do do you also agree to wave and stick yes i do and have you

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emailed the exhibit packet with proof of ownership tax compliance refusal referral photos plans five

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days in advance of this hearing and have you met with the rco and do you have a letter yes to all

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the above okay you may proceed thank you i will can everybody see my screen yes all right fantastic

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so uh yes as i said this is um for 2034 north 2nd street this application is for a further phase

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of an existing development uh that the board actually saw and approved some time ago

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This application is to adjust the lot lines and of the existing location to create a new parcel C

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and to then erect on parcel C a new structure that would be used as 26 dwelling units

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and 12 parking spaces at this location. And it's going to be a continuation of an existing

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multifamily and mixed use development at this site. The refusals that we got, I'll briefly

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touch on, there were three. We were one parking space short on the required number of off-street

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parking spaces. Our drive aisle width is a few feet short of code and the multifamily refusal

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because of the ICMX zoning. This property, although it is zoned ICMX, has been designed

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along with the other phases of the project with an IRMX designation in mind. We think that the site

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is most appropriately zoned as IRMX, especially given some of the other development in the

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immediate area, and then adding a multi-family component is appropriate for the area in which

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the project sits. I'll show you some context photos in a moment. I will note we did meet with the RCO

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I'll show you some context photos in a moment.

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I will note we did meet with the RCO.

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As you can see, there's a letter of support here.

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That's the yellow highlight.

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To give some site context,

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this is the area of the site here.

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As I said, there's an existing portion of the development

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and then the vacant site here.

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Zoned, as I said, ICMX with some CMX2 across the street

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and ICMX generally in the surrounding area.

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This is the shot of the current conditions at the lot. This is the building that's being converted

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as part of an earlier phase of of the project and the new structure would be in this area here.

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This is just giving some surrounding context for the surrounding area

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and photos of posting are also in the packet. I won't take the board's time with that.

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Jumping to the site plan, there's going to be an entrance and curb cut here with a drive aisle

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easement that's going to pass between the two phases. The 12 parking spaces for this phase

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are located here. There will be another 11 parking spaces dedicated to the other phases of the

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project here. So overall, for the project as a whole, not just this phase, it's 140 units and

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75 parking spaces. So almost at that two to one ratio. The general floor plans, as you can see,

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mix of unit sizes and types. One of the things I would mention, and this goes along with the RCO's

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letter of support, the one thing the community did ask us for was some affordability as part

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of this application. In the first phase, there were eight units that were designated as affordable

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units in this phase we're adding two additional affordable units both are one bedrooms one at 40

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ami and one at 60 ami and we were pleased to be able to do that at the rco's request

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these are the remainder of the plans i think another helpful illustration for the board is

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the elevation this is the existing portion of the project here what we're building now

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is this portion here so it is much smaller and less impactful than what the board has

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approved previously at the site so what's the total number of units in this phase it is 26.

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these are some renderings the project will have a green roof that's accessible by the

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units on the upper floors as you can see there and this is how the project

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is going to appear when completed from the various street frontages

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The remainder of the materials that I sent to the board were the tax clearance, deed,

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and certificate of mailing to the community.

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I won't go through those now, but certainly can if the board has any questions.

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At this point, I would like to ask James Moransky to raise his virtual hand so he might adopt

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my presentation.

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Mr. Moransky, please unmute yourself and please wait for the chair.

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Good afternoon, sir. Please identify yourself with a record. Spell your name.

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This is James Moransky. Last name is spelled M-A-R-A-N-S-G-Y.

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And did Mr. Moransky swear and affirm to tell the truth the whole truth nothing but the truth?

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I do. Thank you Mr. Klein. Thank you. Jim did you have a chance to hear my entire presentation this

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afternoon? I did. And do you adopt it as true correct in your own testimony? Yes. Thank you very

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much. Mr. Chair we have the architect on the on the line as well if the board has any questions

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but at this point the applicant has concluded its presentation. I do have one question in the

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photograph we're looking at now to the right there looks like a park off street parking or

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parking lot is that your client's property yes this would be the parking for that for that

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building yes that cyclone fence i see that's just in the in the rendering that's not an existing

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okay all right it really takes i was going to say it really takes away from the the building the

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the appearance of the building okay certainly planning on making it as as aesthetically

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attractive as possible okay any questions from the board no no no no would anyone else like to

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testify in this case please raise your hand chair we have mr sloan folks you may unmute yourself

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and please wait for the chair thank you good afternoon mr folks please identify yourself

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you've been sworn in earlier today good afternoon chairman de chico members of the zba board

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sloan folks office of councilman maria quinones sanchez room 508 city hall the applicant having met

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room 508 city hall the applicant having met with an having met with the coordinating rco

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and receiving a letter of support our office offers no opposition to this variance request

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thank you thank you anyone else

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i see no more hands here thank you planning commission chairman and members of the board

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this property is indicated for industrial use on the comprehensive plan the planning

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Commission supported the original request to convert the first building to residential use.

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We do feel that the designation of affordable units should be de-restricted and not just

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verbally promised. We do feel that the applicant, in not matching the zoned land uses, should have

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provided first floor active flex space on the first floor along second street to maintain the

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integrity of the ICMX zoning district along the corridor. Mr. Klein? Yeah, I'll just briefly let

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board know that in the first phase there was originally 3 000 square feet of commercial

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and over the course of the last two years and talking with the community and revising certain

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aspects of the project we have created an additional 3 000 square feet of commercial

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off the ground floor in the main building so we see the planning commission's point about getting

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a more mixed use here, but given the location of the actual building and the specifics on

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that block, we didn't think ground floor commercial use was appropriate.

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Chairman?

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Any further comment?

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The Planning Commission did not specify commercial, we specified flex use space, which would allow

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the applicant a light industrial use, artisan industrial, studio, so we were not limiting

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it just to a commercial first floor.

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Let's go back to the deed issue. Sharon?

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No, I don't believe that we can, as a proviso, the board has the authority to add an affordability

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requirement. I didn't think so either, but wanted to double check. That's why I asked for you. Thank

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you. All right. Any other? No, we got that. Everybody. Okay. MI 2020. Yes. Before you

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I just wanted to note there is a revised plans one page.

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One page, I got it.

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Thank you.

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MI 2020-002266.

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2000-34 North 2nd Street.

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My vote is yes with revised plan one page approved today.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Thank you all very much.

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Good luck.

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Thank you.

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Have a good afternoon.

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We do likewise.

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Thank you.

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Calendar number 3141, 3539 North 16th Street.

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No, I think you skipped.

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Didn't we have Darian Street next?

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Number seven, Mr. DeMarco's case.

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Strike what I just said.

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Calendar number 3230, 2144 North Darien Street.

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The attorney is Richard DeMarco.

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And he's already been sworn in.

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Hi, Mr. DeMarco.

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Can you put your name and address on the record, please?

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Yes.

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Yes.

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Good afternoon.

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Richard DeMarco.

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2005 Market Street, 16th floor, Philadelphia PA, 19103.

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

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I do, and I want to defer to the councilman's office on this.

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So it appears that our RCO letter is just by a board member,

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and I'm happy to have Mary be promoted to a panelist

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because I want to make sure that the councilman's office is comfortable with this.

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While there is a support petition, it does appear there was not a formal RCO meeting.

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It does look like there is not any type of opposition in the community, but it is clear to me now that there was not a formal meeting.

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So I'm happy to do what Mary wants us to do.

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I can do as follows.

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I can put on some evidence.

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We can hold the vote and we can have a meeting with the RCO and update the board via letter.

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Or we can continue this matter.

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I don't want to piss off the councilman's office for no reason here.

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It does appear that there's support, but there was not a formal RCO process.

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Let me ask Ms. Jones.

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I'll defer to Mary on this.

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We definitely will hold the vote, though.

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jones yes i am you've heard both options what is your preference

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Yes.

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You've heard both options.

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What is your preference?

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We can hear it and hold, or we can just continue it and have a full hearing.

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And I would tell Mary, Mary, if I may, there are neighbors that are in support that are actually on the call.

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So if, and again, I'm going to defer to you here.

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And I'm sorry for any confusion.

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But if it's all right with you, I'd like to put on some evidence.

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and work this out with your office hold the vote and move forward in that manner how do you feel

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about that excuse me miss jones before you reply can i mention that they're not going to simply

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hold the vote and otherwise close the record except for a letter you're going to have to

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come back for a second hearing in any case to repeat to report on the rco process so

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or it might make sense simply to continue it but of course the chairs call

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for its call? I'll just, I'll do either. You know what, since, Rich, since we have to come back,

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it'll be a resumption hearing. Why don't we just continue it? That's fine. Okay. All right,

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Ms. Jones, we're going to continue it. Okay. And sorry for the confusion, Mary and Lord,

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sorry about that but it does appear we'll be okay but yeah thank you m i 2020 that mi 2020

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does zero zero three two three zero two one four four north darien street is continued

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calendar number three one four one three five three nine north 16th street the attorney is rachel

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Pritzker. Ms. Pritzker has been promoted to panelists. Hi. Hi, name and address. Yep. Rachel

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R-A-C-H-A-E-L Pritzker P-R-I-T-Z-K-E-R 1635 Market Street, Suite 1600, Philadelphia PA 19103.

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Okay, you're already under oath. Do you agree to waive and stip?

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Yes.

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Have you emailed the civic packet with the documents all required?

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Yes.

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You may proceed.

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Thank you. I'm going to share my screen.

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Okay, this is 3539 North 16th Street.

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This is a large vacant lot, almost 3,000 square feet in a Tioga, nice town neighborhood of

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Philadelphia. We are proposing eight multifamily units on this longstanding vacant lot on a block

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that has mostly multifamily dwellings on it. I'm just going to go down to the zoning map

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um for the board's um information this again it's a 2,817 square foot lot um it's also oddly shaped

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as I'll show from the zoning posters um and it's been long-standing vacant there's also a significant

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amount of multi-family on the block um 35-37 uh three units 35-35 three units um there's a single

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family home on 3533. There's four units on 3527, and the list goes on. There's also about 114 units

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at 1531 West Tioga Street. So this is within character of this block in particular on 16th

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Street. The taxes are paid. There's the deed. As the board can see, this is a very large,

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sort of oddly shaped lot, zoned RSA 5. However, again, most of the block is zoned for multifamily

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through variances, or I'm assuming be the prior zoning. Additionally, given the size of the lot,

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it really is not feasible for a single family home. It would be maybe an eight to 10,000 square

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foot single family home, which is not within character of this block or in the neighborhood

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or supported by anything available in the neighborhood it's one of the larger properties

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on the block as you can see from the zoning map aside from the corner which is owned by the city

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both corners are owned by the city and the RSA 3 lot at the back here is actually a multi-family

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apartment building as well so just to show visually this is multi-family here new construction

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this is the lot we're talking about and then if you can see down the street there's sort of a mix of

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multi-family, single-family, and large apartment buildings. As you can see from the corner here,

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these are all large apartment buildings on this block. Lastly, this is an aerial photo. Again,

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it's a vacant lot. Zoning posters. We met with the

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Zoning posters. We met with the RCO, Nicetown Tioga Improvement Team, and they had a three to three vote. So there was a tie vote. And then additionally, we also, the RCO that was present at the meeting was the Upper North Neighbors Association.

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they submitted a letter of support with some provisos around workforce development and

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minority inclusion in addition to becoming a community partner by contributing to some of the

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you know revitalization work that they're doing and we had no problem with both of those inclusions

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although I know that that's not something the board can necessarily enter as a proviso but

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um we're happy to do that so they gave us a letter of support which we included in addition we um got

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most of the near neighbors and support 35 37 um which is right next door has a letter of support

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from all the um the owner and all of the residents that live there as it's also multi-family

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building so apartment one apartment two um and apartment three 35 35 north 16th street

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um also directly adjacent 1627 west venango and these letters were provided to the the council

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office as well so i believe charles richardson is also in receipt of these 1623 to 41 west venango

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in uh 1636 west venango 1639 west venango 1625 west venango um 16 36 37 north 16 street um and

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And I also believe we have some folks on, I'd like to have Scott Woodruff go through

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the plans for the project.

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And then I believe there are some folks on who would like to voice their support for

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the project as well.

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The only hand that is up is Charles Richardson.

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Okay.

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Let's hear from Mr. Richardson.

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mr richardson you've been unmuted richardson you're still on the roof good afternoon again

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mr chair and the members of the board councilwoman has no opposition to granting the variance

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thank you um rachel unless you really need your client to get on we'll stipulate you being an

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officer of court that your client would adopt your testimony okay that's fine mr chair is there

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anyone else who would like to testify in this case, please raise your hand.

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We have one hand up. I'm unmuting this person so they are free to speak.

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Hello, I'm Matan Shmuel. I'm a near neighbor, 3323 North 16th Street.

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Excuse me, Sheriff. Spell your first and last name.

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M-A-P-A-N is my first name.

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My last name is S-H-M-U-E-L.

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You swear and affirm to tell the truth, the whole truth, 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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Well, I'm a near neighbor at 3323 North 16th Street, and I support the local improvement.

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I think it's great for the neighborhood.

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Thank you.

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Anyone else?

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i see no more hands chair thank you planning commission

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good afternoon this property is indicated for residential use just for the record just say

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your name again that's paula burns this property is indicated for residential use on the comprehensive

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plan there is no hardship to this property and that the size of the property does not hinder a

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single family home being built on a lot and that this lot could be divided into two new lots

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with a very de minimis lot with variants.

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Even if this lot was zoned RM1,

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the applicant still is two units above what would be permitted.

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The North District Plan recommended focusing multifamily

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to nearby Venengo, Tioga, and Erie Streets.

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Accordingly, we recommend the requested variants not be granted.

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The number of units also that raises an issue with the Planning Commission?

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Yeah, if this property was zoned RM1,

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it would be allowed six units and the applicant is proposing eight units.

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I can address that.

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Given the demographics of the neighborhood and the socioeconomic consideration to try to provide more affordable units, additional units were requested and were supported by the RCOs and the near neighbors, in addition to the fact that there's a lot of multifamily on this property.

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We looked at splitting it. However, given the odd shape of the lot, you would create additional nonconformities, and this lot is over 100 feet.

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um you would have you would create uh additional non-conformities and this lot is over 100 feet

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long so you'd have not only a skinny but long lot so um you know we believe that this provides

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more affordable housing at the eight units is necessary in order to keep the price points

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more reasonable for our city and chairman we would like to clarify that there is no hardship to

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having a lot that's long and having providing a backyard and open space for the residents of

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philadelphia i understood and i respect your position uh although everybody seems to be in

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favor including the councilwoman so anyway uh with that mi 2020-003-141-3539 north 16th street

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my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

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thank you you're up next rachel calendar number three one four two three eight zero four dash

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14 castor avenue name and address for the record yep rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r

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1635 market street suite 1600 philadelphia pa 19103 do you agree to wave the reading of the

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refusal and stipulate to its accuracy? No. We discussed this with Ms. Saletta. The plans

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examiner put 44 parking spaces. There's actually 65. We did do a proviso plans for them, but just

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for the record there, it's existing parking. It's 65 spaces, not 44. And have you emailed the

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exhibit packet five days before this hearing? Yes. Okay. You may proceed. Thank you. I'm going

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to share my screen again. This is 3804-14 Castor Avenue. This property is zoned I-2. It's an

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existing vacant warehouse. It is for a proposal to renovate and adaptively reuse this property

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for 58 multifamily units, and like I said, 65 surface parking spaces, including 3 ADA accessible

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spaces. The only refusal we have here is for use, and again, this is an I-2 property, but we're

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looking to convert it to multifamily with 58 units. The hardship here is that this is an existing

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longstanding vacant property. It's about 46,176 square feet. It's been vacant for a significant

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amount of time. And given that, we don't see that an industrial use is really practical,

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given also the amount of work that's required to bring this building up to code. The lot is also

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60,050 square feet. So it's quite large. And again, according to the city's 2035 plan,

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there's a lot of emphasis on the adaptive reuse and restoration of existing industrial spaces.

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Additionally, we're providing more affordable units, given we're able to work within an existing

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structure, which is something that the community was extremely supportive of. We met with the

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coordinating rco which was um just get the name of it this is the property it's also a pretty odd

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shaped lot as well yeah civic um yes sorry what is the property uh yeah this was the um juniata

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park civic association thank you mr chair we met with them um and they provided us a letter of

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support which the board can um see here we have ray rola who's our architect if the board is

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interested in going through the plans i just want to make it clear that uh we want to make sure that

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the 65 surface parking spaces is included because we don't want to have issues with with l and i

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otherwise I have if the board doesn't have any questions or doesn't require that the architect

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be brought up I have would like to have the client on just to accept the testimony

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please raise his hand his or her hand yeah do you see a Judah Angster

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yes miss angster is free to speak thank you so much mr angster please identify yourself

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spell your first and last name my first name is spelled y-e-h-u-d-a last name angster a-n-g-s-t-e-r

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do you swear and affirm to tell the truth the whole truth nothing but the truth

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i do thank you judah have you heard my testimony today in front of the board

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Yes, I have.

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is it true and correct and you adopt it as your own yes it is and i do adopt it as my own thank

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Is it true and correct and you adopt it as your own?

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Yes, it is and I do adopt it as your own.

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you thank you uh does the board wish to see the plan no all right unless there's an objection

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from the planning commission we will now move to the planning commission

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i'm sorry about that somebody just broke a car's window out front so

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This is Paula Brumblow-Burns, the property is indicated for medium industrial uses in

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the North District Plan recommends that this property be included for industrial preservation

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and lighter industrial transition area.

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This site is the middle of an industrial complex and we feel that residential use could conflict

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with existing industrial and future properties.

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With the improvement of the I-95 Aramingo exit, we have seen an increase in interest

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in industrial uses within the area.

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Accordingly, we feel that this proposed use will have negative impacts on job-generating industries and request that the variants not be granted.

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Can I?

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Do we have a letter from the council person?

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Is that Councilman, I'm not sure, Castor Avenue, it might be Heenan?

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Yeah, I believe it's Heenan.

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have any correspondence from the councilman's office no but there was full support from the

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RCO so I understand I respect that but um uh excuse me chair we have some folks who has

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who would like to speak okay so it's uh Sanchez okay sorry about that Mr. Folks you're still

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under please identify yourself good afternoon chairman de chico zba board sloan folks office

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of maria canyones sanchez room 508 city hall um the applicant has been with the coordinating rco

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has received a letter of support from coordinating rco the councilwoman uh councilman's office uh

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offers no opposition to this various requests. Thank you. Thank you. MI 2020-003-142-3804-14

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Castor Avenue. My vote is yes with the proviso revised plan two pages adopted today.

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yes with proviso yes with proviso yes with proviso yes with proviso thank you

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thank you vice chair vice chair what every time you finish can you mute yourself

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yeah i do and then i forget to turn it back on and i'm voting

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with no no sound coming out because we're still getting feedback from you

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calendar number three one seven three four six six three paul street

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mr bertill has been promoted to panelists

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good afternoon still on the roof good afternoon can you put your name and address on the record

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please? Yes. B-E-R-T-I-L, 1835 Market Street, Suite 1400, Philadelphia PA, 1903.

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Do you agree to waive and stip? Yes, I do. And have you emailed the exhibit packet in with proof

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of ownership, tax compliance, refusal, referral, photos, plans, five days in advance of this hearing,

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

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Yes to all of the above, except for the RCO, the applicant in this appeal is the RCO,

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and so the community meetings were organized by the Councilwoman's Office to avoid conflict of interest.

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Okay, you may proceed.

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Thank you.

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share my screen all right so by way of background um as i stated i'm here representing the frankfurt

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community development corporation the owner and applicant for this application um by way of

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background we're here for four 4663 paw street this proposal is part of a larger initiative

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FROM THE CDC CALLED THE REIMAGINING MARGARET ORTHODOX INITIATIVE THAT'S DONE IN CONJUNCTION

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WITH AN APPLICATION THAT WAS BEFORE THIS BOARD A FEW MONTHS AGO BEFORE 665 PAUL STREET.

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few months ago for 4665 fall street as such we are proposing uh and requesting a variance approval

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for the alteration and renovation of an existing structure into a commercial space on the first

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floor and four residential affordable mixed-use housing units on the second and third floor

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WE DON'T ANTICIPATE ANY CHANGE TO THE EXISTING BUILDING FOOTPRINT OR HEIGHT.

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JUST TO GET A SENSE WHAT WE'RE TALKING ABOUT HERE, HERE'S THE AERIAL OF THE BLOCK BASE

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THAT WE'RE EXCESSING.

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AS I STATED, THIS STRUCTURE HERE, 4665, WE'VE ALREADY BEEN BEFORE YOU FOR APPROVAL FOR

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THIS SAME PROJECT AND INITIATIVE, AND WE'RE HERE NOW WITH THIS STRUCTURE, 4663.

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This is a better look at the front of the chair. The building is currently vacant, sandwiched in between our other project and the Frankfurt beverage distributor.

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As I stated, the applicant is the Frankfort Community Development Corporation.

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As such, we organized with the councilwoman's office so they can spearhead and organize

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the meetings for this property.

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We did have a community meeting where we did have support for the proposed project.

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The refusals that we were here for is essentially we have one refusal we're here for the use

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on the dimensions of the projects allow three units by right. We are requesting four units

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on the second and third floor. We believe this requested dominions in nature. We're about

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500 square feet away from being allowed four units by right. We believe that having this

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additional unit will make the dimensions of the units more affordable and therefore fit

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within our desire to provide affordable housing within these two structures.

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I won't go through all the submissions because I believe that we have reported across the

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board here.

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But here's the zoning site plan of the current site and the proposed construction.

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And here's just a rendering of what the vision is.

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I'm not sure why that's going off, Senator, what the vision is for the street here.

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And as such, as I stated, you can see here we have a letter of support from the Councilwoman

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Keona Sanchez's office, also a letter of support from the Planning Commission.

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I mean, they're heavily involved with this initiative and a letter of support from State

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Representative Jason Dawkins for this project.

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With me, I have the executive director of the Frankfurt CDC, Kim Washington, if you can raise your hand and be recognized, you can frame and adopt my testimony.

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you've been unmuted please wait for the chair

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good afternoon please identify yourself with the records by your first and last name

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all right kimberly washington k-i-m-b-e-r-l-y washington w-a-s-h-i-n-g-t-o-n i'm the executive

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director for the frankfurt community development corporation thank you you swear and affirm to

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to tell the truth, the whole truth, nothing but the truth.

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Thank you, Mr. Patel.

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Mr. Patel.

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Thank you, Mr. Chair.

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Ms. Washington, have you heard the testimony

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that I provided to the board this afternoon?

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Yes.

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Do you confirm the truth of my testimony

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and adopt it as your own?

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Yes.

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Thank you very much.

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Unless the board has any questions,

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that concludes our presentation.

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Thank you.

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Any questions from the board?

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Hello.

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Anyone else would like to testify in this case, please raise your hand.

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I see no hands, Chair.

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Thank you.

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Planning Commission?

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Paula Brumbelow-Burns, Chairman and members of the Board, the applicant worked closely

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with the Planning Commission to develop this project.

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We feel that the creation of affordable units is a positive in that commercial first floor

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is not necessary at this location.

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Accordingly, we have no objection to the granting of the variance.

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Thank you.

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MI 2020-003173.

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MI 2020-003173, 4663 Paul Street.

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There aren't any revised plans, are there?

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No.

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Okay, 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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Yes.

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calendar number 0436 650 north 36th street meredith ferliger is the attorney

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miss ferliger has been promoted to panelists

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i name an address for the record please

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good afternoon mr chairman members of the board meredith ferliger f-e-r-l-e-g-e-r

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uh 1500 market street suite 3500 e philadelphia do you swear a firm to tell the whole truth and

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nothing but the truth certainly do do you also agree to waive the reading of the refusal and

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stipulate to its accuracy yes and have you emailed the exhibit packet with ownership tax compliance

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refusal referral photos plans five days in advance of this hearing and have you met with the rco

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and do you have a letter yes to all of the above thank you you may proceed

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okay good afternoon everybody uh the board first heard this case in october which requested a new

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three-story structure for use as a three-family dwelling at 650 north 36th street in west

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philadelphia after the board initially denied the request we filed for reconsideration which this

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board graciously granted to permit applicant a rehearing which is what brings us back before you

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today what i'll do to move through this as quickly as possible is to uh very briefly refresh your

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memory from the presentation in october then i'll turn right into the additional information that we

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submitted with the reconsideration request that should help further justify the board in granting

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the requested variances today. Now if you recall the property is zoned RSA5

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and having been rezoned from RM1 in 2017. The lot sits immediately across the street from high

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density CMX3 development which I will touch on more in just a moment. Now as we presented back

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Back in October, the property suffers from a hardship for a few reasons.

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The main hardship lies in the predominantly multifamily character of the block.

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The zoning map shows that the rezoning left the west side of this block of North 36th

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Street with single-family zoning, despite the CMX3 zoning directly across the street

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that accommodates 101 units.

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This block is largely made up of vacant structures, a duplex at 638 North 36th Street, just a few

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doors away, and a few remaining single-family homes. Now moving specifically to the grounds

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for the reconsideration, the neighborhood context is one of the two main reasons we requested that

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the board reconsider its decision. During the original hearing, we noted that the PHA development

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across the street was multifamily. Board member Holloman questioned how these structures were set

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up since the photographs, which I'll bring up, the photographs understandably and reasonably

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would reflect they appear to be single-family type developments. They are not. The permitting

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for this development was under several different addresses that we were only able to successfully

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tracked down after significant effort after the hearing. If you first take a look at the

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brochure here at Exhibit 13, you'll see confirmation that the development does in fact have 101 units.

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Now more importantly, to answer Mr. Holloman's question, if you refer to tab 12,

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I'll zoom in on this for you,

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you'll see a screenshot of the permit language that confirms that these structures have two

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three four even five units within each so you'll see the first screenshot is of uh 3501 Wallace

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I believe I found this under and this shows 47 dwelling units in 20 structures and then the

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other permit I found I believe it was under 35, 16 Fairmont Avenue and that reflects 45 dwelling

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units in eight structures. As of today we've still been able to

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As of today, we've still been able to locate the actual copies of these permits, but the

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permit language is very clearly shown on the city's open map system.

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Now in light of this additional information, the proposal for 650 North 36th Street is

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well within the context of this neighborhood, especially this block, and further confirms

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the predominantly multifamily character creating a hardship to new single-family development.

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Now the second compelling reason that we're requesting this board reconsider its decision

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and grant the requested variances is in light of the community interaction with this particular

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small development. I believe that we either have Gwen or Sam from Mantua Civic on the line today

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to weigh in just a bit more on that aspect. Now, during the October hearing, and forgive me, Paula,

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I don't recall who was on back in October, but the Planning Commission rep at the time

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noted that long-term vacancy is not grounds for hardship. This is simply not true generally,

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and it is especially not true for this particular lot. This property has been vacant and blighted

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for over 50 years in which time no single family use has been proposed for this property.

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When my client purchased the lot he engaged with the local community to determine the best

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and most suitable use for the lot. As a result of those discussions a triplex structure was proposed

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to include a mix of unit types that would include one two-bedroom unit and one sorry

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one two-bedroom unit and two one-bedroom units. With the three units, the community requested

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that one of those three units be designated to a member of the local community, which my client

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wholeheartedly agreed to. Of the three units, one unit would be offered for a reduced rent to

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accommodate that particular community resident. And as somebody that has undertaken hundreds of

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developments in this community, I believe Mantua would verify that this commitment is one that they

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wholeheartedly believe will be met by this particular developer.

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Accordingly, we are asking that the board grant the variance as we originally requested for the

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three units, which is well in context with the multifamily uses on the block and would have been

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density permitted under the former RM1 zoning. However, given the hardship facing this lot

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that will prevent single-family development and risk leaving the lot vacant indefinitely,

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my client would reduce to a duplex if necessary. As a practical note, the number of actual bedrooms

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in the structure would be the same or more in the duplex, given that the duplex units would,

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of course, be much larger. Now, before the board renders the decision, and because they were so

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kind as to take the time out to be here today, I would ask for Gwen or Sam, whoever is on the Zoom

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today from Mantua, to provide a little bit of additional clarity to the board on the community's

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immense support for this proposal, especially as it relates to the originally requested three units.

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So if you want to look for either Sam Samuels or Gwen, I don't, I see Gwen Morris. There she is.

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Good afternoon, ma'am. Please identify yourself with the records, spell your first and last name, and provide us with your address.

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Good afternoon. My name is Gwendolyn Morris, G-W-E-N-D-O-L-Y-N, last name Morris, M-O-R-R-I-S.

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I live at 609 North 33rd Street.

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Do you swear and 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. Please proceed.

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Okay, I remember this particular meeting because this meeting was held outside and the near

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neighbors were really excited about the fact that I think it's most impactful if the residents can

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see the actual parcel that you're considering. And we were a little surprised as the coordinating RCO

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because the residents strongly supported this particular project. Given the development that's

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happened in Mantua up to 36th Street, in fact, it made a lot of sense. When she said that lot

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has been vacant, we have just recently reviewed some data from the city that talks about 300 and

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some vacant lots in this particular community. So we have a lot of work ahead of us, and we

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strongly support this particular possible. I think we've worked with this particular developer on a

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number of occasions and understand the needs of this community. Yes, we did rezone Mantua. When

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you rezone large plots of land, quite often these little unique little issues don't

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plots of land, quite often these little unique little issues don't appear when you do a full

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community rezoning. And it was a big undertaking for us. And there were some things that we

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probably would have done differently when we went to remap Mantua in 2017. So clearly we're asking

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for your support and your approval of this particular project. I think it's something that

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That we as a community, the residents and the near neighbors, clearly support it.

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And when you look at what's across the street, it does align with the remaining part of the block.

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And I must say, the consideration of a multifamily dwelling of this size is something that we can support.

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Thank you.

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Let me ask this question to be clear.

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Your support is for a triplex or a duplex?

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We voted to support a triplex.

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Okay.

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okay anyone else mr chairman i would be happy to have my client adopt my testimony

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please bring them on thank you uh if if the administrator would look for brahim engladen

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uh if we're having a problem uh being an officer of court we'll stipulate that your

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client would have adopted your testimony certainly thank you um questions i asked questions on the

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board planning commission hold on for just one second i just need to get to the screen

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this is paula bremblo burns chairman and members of the board mantua went through a multi-year

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community remapping in 2015 to 2017 the property was not in the process of development at the time

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of the remapping so it did not justify the support of keeping it rm1 development we would like to

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add that if the city-based zoning solely on what is across the street, the entire city would be

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zoned CMX5, which has the most density for development. Zoning is not based on just it's

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across the street. We feel that the property across the street is also undeveloped for the CMX3 or

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underdeveloped for the CMX3 zoning and could be reduced in a future remapping. Accordingly,

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our recommendation that three units not be granted. And we certainly respect that position,

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but given the long-term vacancy of this property and the fact that though it's across the street,

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it is, these are small blocks and there's a character of particular blocks. And in this

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particular case, you have fairly high density that is on that same block. You also have existing

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a duplex just a few doors away and a mix of some, you know, vacant structures on this block. So I

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I think that that's why Gwen mentioned that the community was so supportive of this, because, you know, just given the varying character of this small block here, the rezoning really does not reflect, you know, the multiple different uses here.

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Sir Burns, is it the Planes Commission position that it remain a single family or is the issue with a triplex?

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Our first recommendation was for single-family only.

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It is up to the board if they choose to do a duplex.

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Okay, thank you.

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MI2020-000436650 North 36th Street.

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My vote is yes with the proviso of maximum two units.

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My vote is yes with the proviso.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Thank you.

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Calendar number 241174 Road.

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The attorney is Sean Ward.

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Excuse me, can I please interrupt?

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This is Pauline.

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I just want to make sure that Fatina's sound is working okay.

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Sure, thank you.

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Fatina, can you try saying something, please?

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I think you're going to have to log out and log back in.

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All right.

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Sorry.

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I'll announce in her place.

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All right.

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Thank you.

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No problem.

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uh mr hand you're going to handle yeah i'll handle that while she's on okay thank you carol

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Mr. Hand, you're going to handle it.

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Thank you.

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hey we're waiting yeah we're waiting for sean ward calendar number 2411 7430 state road there

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you are sean name and address for the record good afternoon mr chairman members of the board sean

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On board, SHAWN, WARD, 331, East Street Road, Three Vokes, PA, 19053.

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I believe you're still under oath.

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

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Yes, I do.

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Have you emailed the exhibit packet with all the required documents, which I'm sure you're familiar with?

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Yes, I have.

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Thank you.

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You may proceed.

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Okay.

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mr chairman members of the board i am here on behalf of the gun range llc which is the applicant

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and 7430 state road llc which is the owner of the subject property at 7430 state road

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i would point out that this property is under agreement of sale by the applicant pursuant to

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an agreement with the owner. It's been pending for quite some time due to COVID, and we're just

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happy to get before the board today. Attached at A1 is the notice of refusal. The application is

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for a permit for a gun shop, including an indoor gun range and firearm training facility

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with accessory offices and storage in an existing structure with existing 45 accessory surface

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parking spaces while the property is zoned i3 industrial and that use is permitted

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it is however prohibited by the industries and manufacturing overlay district

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so we seek a use variance from that overlay regulations today a2 is the zba application

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of appeal a3 the project information form a4 proof of ownership a5 is proof of tax clearance

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A6 is a site plan. A7 are photographs of posting subject property and aerial views.

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A8 is the RCO letter of non-opposition from Holmesburg Civic Association.

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I would point out that we had several meetings with them both at the existing site of the gun

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range on Percy Street off of Spring Garden to see the current operation and we had a site meeting at

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the state road location as well and then followed up with the actual virtual RCO meeting with the

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Civic Association. I thought I was getting a letter from Councilman Heenan but you know as

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the board as well where he only writes letters of opposition he generally doesn't write letters of

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support or non-opposition. A10 as far as the relevant zoning history goes which I have all the

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permits attached. It's currently used for a document shredding and a construction warehouse

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and storage with accessory offices. Historically, since 1936 up to about 2009, it was the names at

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that site. A11 for the board's file are our gun range design criteria issued by the Department

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of Energy, which my client, Yuri Zalsman, will use in designing and building out the gun range.

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A12 is the applicant's PowerPoint presentation, which he used at the RCO meeting, the virtual RCO

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meeting via Zoom. A12 is a zoning map and A13 are aerial photographs. So real quickly, as you can see,

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the property is located in the i3 zoning districts however the proposed gun shop is

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prohibited in the control district the industries and manufacturing area overlay

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so we filed the application of appeal and that included the project information forms

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we have a copy of the deed 7430 state road llc on the property since december of 2010

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again the uh the varnish and lacquer manufacturer having closed in 2009

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as you can see taxes are current through 2020 2021 is not due yet until march and we have a copy of

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the

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copy of the zoning poster located on the front fence of the structure

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There's an aerial photo from Google Earth.

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You can see the Conrail tracks are at the rear of the property and it fronts on State

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Road.

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Here's the front of the subject structure.

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here's the front of the subject structure this is

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This is a side view from the Sweet Lucy Smokehouse parking lot, which is located directly next

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door.

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I would point out that both adjoining property owners participated in the Zoom meeting.

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Any of their concerns were addressed at that time, and they have no opposition to the application.

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To my knowledge, put it that way.

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Here is another shot of the side of the building.

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Again, the Conrail tracks are located behind.

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Here's Sweet Lucy's Barbecue, located right next door.

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Across the street is the Easy Storage Facility.

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It's a very large, sprawling indoor and outdoor storage, public storage facility.

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This would be State Road facing southbound, State Road facing northbound.

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And then we have copies of all of the historical zoning permits for the lacquer and varnish company manufacturing use.

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This is the range design criteria from the Department of Energy.

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Again, URI intends to utilize them in the design and fit out of the gun range.

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That's quite a lengthy document.

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And it's there for your leisurely reading at any time.

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So, additionally, we get up to, Uri prepared a PowerPoint presentation.

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And I think the most important part of that is the upgrades he's going to do to the property.

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As you can see, we discussed this with Holmesburg Civic.

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So, the idea is to go the other way.

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Currently, the facade can use some love and attention, so Yuri's plan is to reface the structure, add landscaping and trees to the front, also to the side of the building.

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We entered into, I'm sorry, here's the zoning map.

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As you can see, it is in the I-3 zoning district, however, it's covered by the overlay.

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another aerial photograph 95 is to the bottom of the screen this is the storage facility it's got

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outdoor storage in the center of the building with the storage units wrapping around here's

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the subject property and these are the two other adjoining property owners that we met with

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at the meeting and we addressed our concerns

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um with regard to the rco i submitted this letter they submitted it directly and then i

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I provided another copy to Sharon yesterday, I believe, indicating that they do not oppose the application

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because we entered into a comprehensive community benefits agreement with the Holmesburg Civic Association.

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I provided a copy of that to Sharon as well.

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Whoops, wrong one.

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So here's the community benefits agreement.

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Is everybody seeing this?

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Yes.

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Okay, very good.

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So the hours of operation are consistent with what he does now.

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Monday through Saturday, 11 a.m. to 9 p.m., Sundays from 11 a.m. to 6 p.m.

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We discussed and made provisions for noise remediation.

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He will provide security cameras and lighting and register with the SafeCam program

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with the City of Philadelphia Police Department.

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We included the landscape and facade beautification, consistent with the photographs that we showed.

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He's going to look into stormwater management solutions with the water department.

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alternative energy options he agreed to apply for membership and maintain a yearly membership

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in holmesburg civic he also agreed to install and maintain a physical barrier either a concrete

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masonry or similarly similar material fence wall along the rear of the property for security

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purposes there was a lengthy discussion on the retail sale restrictions of what is commonly

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referred to as unfinished gun kits, also referred to as ghost guns, 80% receivers, 80% finished

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product, 80% complete and unfinished receiver items. I did have a discussion with Councilman

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Heenan on that, and he was happy to hear that URI would not be dealing in those items.

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We also agreed to provide Helmsburg any proposed floor plans. We haven't designed it yet because

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we were waiting for approval, but we will share the floor plans with them and take their input

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for the eventual final design. The agreement will be recorded with the Department of Records

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upon approval, and there are covenants running with the land, and we have enforceability provisions.

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Yeah, there are covenants running with the land, and we have enforceability provisions, notice provisions, and that was signed by both Tara Gontek from Homsburg Civic, she's the president, and Uri Zoltzman as the member of the Gun Range LLC.

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So, Uri, if you're on, could you please raise your hand so they can find you?

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there he is hi uh this is your results man yuri you heard my representations to the board

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i have sorry he's got to be sworn first i'm sorry he was sworn earlier that's right he was sworn in

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earlier yeah okay thank you uh yuri you've heard my representations to the board correct

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i have heard them yes and are they true and correct to the best of your knowledge information

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and belief they are and you adopt them as your own testimony i do thank you thank you thank you

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questions from the board no no anyone else like to testify in this case please raise your hand

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chair i have a david who i'm unmuting

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David you are free to speak please unmute yourself

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please identify yourself with the record first and last name and address

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this is David DeLugos I'm with the zoning chair of the Homesburg Civic Association

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would you please spell your last name yes d-l-u-g-o-s-z you swear in the firm to tell

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the truth the whole truth nothing but the truth yes please proceed yes um again i just wanted to

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you know piggyback on what sean had said i was so we've been in conversation with with yuri and

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sean for a while about this uh property uh there were a lot of concerns about what was going on

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there, and I think this CBA addresses a lot of those concerns that the near neighbors

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and others had about having, you know, potentially allowed, you know, nuisance placed near their

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property, you know, so Yuri has been very cooperative in trying to work and make agreements

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with the neighboring properties. Also, as I'm sure Sean pointed out that because this use is

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allowed in an I-3 zone. This is only a special exception. You know, I think the purpose of that

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special exception has been met by having us talk with them and work out the issues instead of just

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being by right. So we appreciate that. And, you know, given that as a special exception that,

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you know, we would ask that you grant that special exception. Thank you for your testimony. Anyone

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else would like to testify in this case, please raise your hand.

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I see no hands, Chair.

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Thank you. Planning Commission?

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Ms. Paula Brimbleau-Burns.

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This property is indicated for industrial use on the comprehensive plan.

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If there will be a new gun range in the city, we feel that locating it in an area without schools, homes, or parks is an appropriate match so as to not impact the residents of Philadelphia.

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Accordingly, we have no objection to the variance from the industrial overlay.

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Thank you.

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MI 2020-002411.

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7430 State Road. My vote is yes with the proviso.

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Hours of operation Monday through Saturday 11 a.m. to 9 p.m. Sunday 11 a.m. to 6 p.m.

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Is that correct Sean? Thank you. My vote is yes with proviso. Yes with proviso. Yes with proviso.

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my vote is no uh thank you uh this concludes the two o'clock list i know sean had asked earlier

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about uh a case that he has in the 330 list could we go to that tanya now or do we have to wait

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are you asking for a continuance sean yes this would be a moving a moving party request

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uh chair yes it would be fine as long as you announce the 3 30 schedule okay i'll announce that

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now yes that's fine with me all right why don't we do this i'll um i'll open up the 3 30 i'll go

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through the uh the list you know what's required and then we'll take a five ten minute break

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all right let me open up the 3 30 if that works for everybody and then we'll take a 10 minute

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break we'll hear sean and then we'll take a 10 minute break all right

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we'll hear Sean and then we'll take a 10 minute break all right good afternoon everyone yep

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I'm sorry but would it be okay to just do all continuances and then take a break

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yeah all right but I still have to open it up correct yes thank you thank you yes good

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afternoon everyone my name is Frank DiCicco I'm the chair of the zoning board of adjustment

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I'll be participating in today's hearing along with our vice chair

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Ms. Carol Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman

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and Mr. James Snell, Board Administrator Tanya Sunko, excuse me, Board Administrator Fatina

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L., and our Board Attorney, Ms. Sharon Saleta, are also in attendance. For those of you who

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haven't yet participated in one of our virtual hearings, I'll go through some of the basics

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of what you can expect. First, we will be administering oaths to individual participants

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prior to their hearing. Second, we'd like to advise everyone that this proceeding is being recorded

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and that by participating you acknowledge your agreement to be recorded and that this hearing

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will be available to the public on the web or otherwise. Third, for anyone participating by

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phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to

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unmute yourself i'll repeat for anyone participating by phone if you wish to testify you must raise

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your hand by hitting star nine and then star six to unmute yourself finally to make an appearance

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excuse me to make an appearance appearance statement call google 267-270-5548 and leave

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your email address and the address of the property at issue. I'll repeat, to enter an

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appearance statement, call Google 267-270-5548 and leave your email address and the address of

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the property. And I would also like to remind everyone, please do not attempt to testify in

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the chat. Any comment should be directed to our board administrator, Fatina L. With that,

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I will read off a list of requests for continuances or withdrawals for the 3-30 list.

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MI 2020-002-525.

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1614 East Duval Street is withdrawn.

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MI 2020-002-524.

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2102 East Birch Street is withdrawn.

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MI 2020-000143-3767, Indian Queen Lane is withdrawn.

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And is this the one you have, Sean, for Hegerman Street?

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Yes, that's correct.

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Okay, so MI 2020-00029. 5627-41 Hegerman Street is continued. If anyone objects to any of the

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cases that have been read into the record as being continued or withdrawn, please raise your hand at

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this time. Mr. Chairman, just to be sure, Hegerman's going to be a moving party request.

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Sorry about that. Let me read that back in. MI 2020-000029-5629-59, it has 2-9 on my sheet.

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Well, I have 5-9 on the website list.

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5-6, I don't know, then it says dash 41. So I had to go from 59 to 41.

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No, no, no, no, no. The calendar number is 5-9.

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Oh, 0-0-0-5-9.

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That's number 2, that has 2-9 on my sheet.

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Okay, we'll go back again.

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MI 2020, that's 0-0-0-0-5-9, 5627-41 Hegerman Street, Attorney Moving Party.

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Thank you very much.

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Thank you.

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Anyone object to any of the cases that have been requested to be continued or withdrawn?

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here we have regina robinson good afternoon ma'am please identify yourself for the record

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spell your name give us your full name and address

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miss robinson

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Ms. Robinson, you have to unmute yourself to speak.

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Can you hear me now?

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Yes, Ms. Robinson, please identify yourself, name and address, spell your last name.

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My name is Regina Robinsons, R-O-B-I-N-S-O-N. I'm dialed at 7840 Williams Avenue. I had raised my hand at the end of the two o'clock sessions because I was told that we were having a hearing today for 1330 Vernon Road. Did I miss that?

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My name is Regina Robinson, R-O-B-I-N.

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this.

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or uh that was withdrawn withdrawn no no yes okay so are we done with that at all totally

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well unless they reapply but as of now it's withdrawn

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thank you sir you all have a wonderful day you do likewise stay safe anyone else

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you need a 10 minute break there are no more hands here okay we'll take a 10 minute break

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it is now it's say it's uh 3 54 o'clock we'll be back 12 minutes

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16 52 north second uh carol why don't we call that up and then we'll see if anybody's around

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Sorry, I walked away from my computer for a minute and I heard my name as I was coming back.

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Yeah, yeah, no problem. I just wanted to know, did we get any exhibits for 1652 North 2nd?

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No.

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Okay, so let me call that up. MI 2020-002-495, 1652 North 2nd Street.

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Anyone here on 1652 North 2nd Street?

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no hands chair okay so that case will be continued must be heard

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uh number four on our list mi 2020 that's 000349 3009 north front street is there anyone here on

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3009

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North Front Street.

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I see no hands, Sheriff.

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No hands, and this has previously been

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listed, correct?

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Correct.

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No exhibits.

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SMI 2020-000349

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3009

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North Front Street. My vote is to dismiss.

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Dismiss.

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Dismiss.

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Dismiss.

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Miss? So we go with number five, Carol. Calendar number 02773105, West Dauphin Street.

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This is Shannon. I'm sorry, go ahead. Okay, the attorney has been promoted to panel.

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Carol, I have to step away for a minute.

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I'll be right back.

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Okay.

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I'm sorry, you said the attorney?

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Yes.

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And who is the attorney?

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If this is Baditsa, she assisted with the, she's the expediter who assisted with the appeal, but she is not an attorney.

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Yes, Ms. Saleta. I'm sorry. My mistake. I misspoke.

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Oh, no problem.

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Is the property owner here?

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I'm not showing any hands at the time. Let me see.

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I believe the property is the applicant for this case or the owner, Medita?

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Baditsa, can you unmute yourself?

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I guess we can do whatever you need to do.

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Excuse me, the property owner's name is Suleiman Diarra, D-I-A-R-R-A, if there's

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someone with that name in the meeting?

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They would have to raise their hand

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and we don't see anyone.

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Do we dismiss this?

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Kara, you could continue or dismiss it.

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Well, we do have exhibits.

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It's the second listing,

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Okay, I have a hand up.

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Okay I have a hand up. Can you hear me? I can hear you. There's a hand up. We're trying to connect. Can you hear us? Yes.

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Okay. Can you hear us now? Yes we can. Medisa is the property owner with you? Yes he is. He's on the phone.

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We have a lot of feedback, Betitza. You guys got to either mute one device.

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One second, and I'm trying to get you to hear.

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Somebody has to hang up or mute.

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Betitza, you have multiple devices connected?

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You have to unmute yourself, Betitza.

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Okay, can you hear me now?

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Yes.

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okay all i want you to do is allow me to share and he will present the package um we haven't

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met with the rco but i'm sorry i'm sorry this is not how we do things and you know it but i did

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hear that you have not met with the rco we haven't we're ready to present but we have not met with

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the rco we have to continue it we have tried to contact multiple times but we don't know what's

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going on all right i don't mean to go over you tanya but i think we're going to have to continue

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this right it's your choice yes yes we would have to continue it and that my suggestion with that

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she reach out to the council person's office and they may be able to work with designating a

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different rco if you're not able to contact the one selected okay perfect thank you okay so mi

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2020-000277. 3105 West Dolphin Street is continued. Must be heard.

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Calendar number 2493 3813 Folsom Street. Okay, perfect. Okay.

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Rachel. Ms. Pritzker has been promoted to a panelist.

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still under it still under oath yeah so name and address for the record please

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yep rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street suite 1600 philadelphia pa 19103

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do you agree to weigh through reading the refusal and stipulate to its accuracy

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yes and have you emailed all the exhibit packets with the required documents that you're familiar

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with yes you may proceed okay this is the last one i promise um okay i'm going to share my screen

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this is 3813 Folsom street

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the refusal the only refusal we have here is for use we're proposing multi-family on an rsa5 lot

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um this property as you'll see in a second um is basically all around rm1 um i believe it was

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remapped however uh there's a lot of vacancy over here uh need for more affordable housing

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and um although there may not be um a size hardship there really are no comps to support

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uh ground up new construction single family in this area so um we met with the mantua civic

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association there's the tax clearance deed which the board has this is the lot as you can see it

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is a quite a large lot um it's not ordinarily shaped but it is quite large and has been vacant

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for a significant amount of time additionally there's a lot of vacancy also in the area as

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board can see from from the aerial um we met with mantua civic they are we're in full support of

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this project i'm just going to bring that letter up um the 11 in favor uh in support nine and

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non-opposition so essentially all in support of the project of the 20 people that have attended

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this is their letter supporting the project and I also have our architect I think Corey

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is on the line to go over the plans just very briefly for the board and that's sort of all I

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have on my end. Did you show us any of the exhibits floor plans?

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Yeah, I have the architect on the line to go through the plan.

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Just do a better job than me at that.

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Lakeisha, do you see Corey?

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uh rachel oh sorry scott scott woodruff yeah mr woodruff please identify yourself with a

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Rachel.

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Oh, sorry, Scott.

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Scott Woodruff.

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Yep.

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record spell your last name i'll swear you in scott woodruff 4001 uh main street suite 203

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philadelphia pa 19127 and mr woodruff you can increase your volume or get closer to the mic

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that would be helpful oh sorry about that uh scott woodruff 4001 main street suite 203 philadelphia

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at PA 19127?

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A little bit better. Do you swear

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and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed, Rachel.

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Latina, can you promote

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him to panelists, please?

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Thanks, Tanya.

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Yes, I'm doing it now.

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He's been promoted to panel.

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Thanks, Scott, if you could just zoom in and just go through the plans for the board.

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You're on mute, Scott.

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Got me, as I was promoted, sorry about that.

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As you can see, it's an intermediate lot.

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We have an eight-foot front yard, 10-foot rear yard in between a vacant piece of land and an

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existing two-story on the left side. If we want to go through the plans, this is the exterior.

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We have a open front porch to kind of match some of the existing houses and then have essentially

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three dwelling units the first floor in the basement with the walkout rear patio for the

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basement and then a two-bedroom on the second floor and a two-bedroom on the third floor

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so all units are fairly large two-bedroom dwelling units and this is the proposed rendering

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uh other things just to note is that um there is uh spaces for trash in each one of these

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which is important to the rco uh so we made sure that there are ventilated trash closets

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for each unit for each individual unit has its own place to store that so it didn't get

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stored outside okay uh questions from the board no no

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Anyone else like to testify in this case? If so, please raise your hand.

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Is there a Heaven Thomas on the phone? Or on the call?

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Are they under someone else's name?

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No, that's the owner, but if the board will allow me to.

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We'll stipulate that you being an officer of court, your client would have adopted your testimony.

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Thank you.

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Anyone else to testify in this case?

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I see no more hands, Chair.

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Thank you. Planning Commission.

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This is Paula Brumbalo-Burns with the City Planning Commission.

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This property is indicated for residential use on the comprehensive plan.

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We would like to note that Folsom Street does not seem to appear on the city plan.

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uh and the way I can tell that or it's indicated is on the zoning map Folsom Street was actually

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zoned RSA5 the city does not zone streets so we believe with that little bit of information

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that this is actually not a open city street but with that in mind we feel that a three-family

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dwelling on a private drive that the city does not maintain is an overuse of the property

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just because it looks like a street doesn't mean the city's maintaining the street

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and not being in the office I don't actually have access to all of the

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streets information but because it's zoned yellow it looks like that it's actually not

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on the city plan as an improved street yeah what impact does that have on zoning

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it's when we're looking at putting in three units on an rsa5 property

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i get that part of it i'm just curious about the not being a city street i just we don't know who's

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maintaining the street how it's going to be maintained and when you put in three units

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with three different people putting out trash and all of that with the water demands the

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electrical demands we don't know how those are being met because they're not necessarily on a

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city street we have seen other areas in the city where this has become a problem oh have you have

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We have seen other areas in the city where this has become a problem.

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Paula, have you verified that with the streets department?

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you verified

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Hello?

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Hold on one second.

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What about the other houses on that block?

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Aren't they, doesn't that apply to them as well?

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It is, but I don't know if they're single family or not.

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Those houses look older than the zoning code.

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It's here to be single.

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Excuse me, this is Sharon.

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Paula, wouldn't that mean that there was no street frontage

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and the plant that L&I should have refused it on that basis?

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If it is an existing lot on a street that is not a street,

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and if it's landlocked but it's an existing lot,

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the city allows them to build what meets the zoning code.

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If they were creating a new lot that was landlocked,

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we would have that as a subdivision

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and would have to go through a whole different process,

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and it would have been refused.

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Can I...

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You don't want to take the property.

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Yeah, can I weigh in also, like, based on the aerial,

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there's a lot of vacancy over here that's why the community was more supportive of the multi-family

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use and complete support of it because of the amount of vacancy so um they felt like that would

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help actually um get additional eyes on the street and help it you know revitalize the area a bit

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given a long-standing vacancy so um that's just from where the community was coming from i just

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was trying to get i never heard that before i was just curious me either i hadn't heard that before

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either so we don't see it a lot yeah all right thank you anywhere so planning commission weighed

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in mi 2020-000143-3767 indian queen lane my vote is yes no not yes wrong address mr chair not indian

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queen fulsome my vote is yes i went to the opposite one and my apologies again it's okay i'm so used

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to not getting out of here this early i'm confused mi 2020 does zero zero two four nine three three

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eight one three folsom street my vote is yes my vote is yes my vote is yes my vote is yes

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all right thank you all thank you paula thank you everybody thank you everyone and all the

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people behind the scenes thank you again appreciate it welcome have a good night everyone

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come to the meetings and let you get out early

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see you everyone good night everyone good night all thanks cba staff thank you bye

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You

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