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Hearing video

ZBA Hearing - February 17, 2021

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

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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