civus
Hearing video

ZBA Hearing - November 10, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 10, 20205h 26m

still objects please raise your hand and of the two remaining cases does anyone is anyone excuse

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me requesting a continuance or withdrawal and those cases are 212 robin street and 2523 waverly

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street no hands at this time okay calendar number mi 2020 that's 000745212 robin street

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anyone here for 212 robin street mr anastasio

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I have Anna Garrido. Anna, you can unmute. Are you the owner?

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Hello. Yes, I'm the owner.

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Are you presenting?

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I'm not. I'm waiting for Anastasio.

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Mr. Anastasio?

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All right, why don't we do this? We'll go to Waverly Street and then come back.

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MI 2020-000857-2523 Waverly Street.

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Is the attorney or owner applicant for Waverly?

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Anyone here for 2523 Waverly Street?

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I believe it's Gutierrez. I'm promoting them. Are you the owner, attorney, applicant for Waverly?

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I'm the architect. I represent my client, the owner.

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No, we need them to come forward. Are they here? Because you can't represent them.

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Okay, I just texted Dr. Landis that we're on soon.

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So if they're not here, we're going to have to continue it.

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Mind if I just give them a quick call. I spoke to him 10 minutes ago.

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Yeah, we'll give you the benefit of the doubt, but there has been a long proceeding,

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so give you a couple of minutes. Is Mr. Anastasio available?

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I am calling him now. I know that he was in the room earlier.

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you have to unmute can you unmute

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yes hi mr chairman sorry i was late okay please identify yourself for the record name and address

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spell your name it's verne anastasio 1315 walnut street philadelphia pennsylvania

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suite uh 1006 philadelphia uh and i'm representing uh miss guerrero on this uh on this zoning matter

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and you swear to firm to tell the truth the whole truth nothing about the truth

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i most certainly do okay just one hold on one minute verne for the applicant for 25 23 waverly

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street we will get back to you as soon as this case is heard so please proceed

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Brian, you agree to waive the reading of its refusal and stipulate to attack her?

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Yes, I do, confessor.

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

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Yes, I did, confessor.

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Have you met with the RCO and have a letter?

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I most certainly do.

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Thank you. Please proceed.

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First, I want to apologize for running a couple minutes late.

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I took the liberty of getting away from the screen.

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I wasn't quite sure how long the last hearing would take.

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So my apologies.

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I just want to bring it to 212 Robbins Street.

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We initially put in an application for an accessory dwelling one story storage shed in the rear yard of a two family household property.

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At the beginning of our presentation, initially, we had a minimum rear yard death of a minimum 20 feet.

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We were proposing two.

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Minimum sard yard width, eight feet was required, and two feet were, in fact, proposed.

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We met with the community group on several occasions.

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And I would like to tell you that we've come to an accord where we would have a much smaller proposed storage shed.

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It's now just two linear feet beyond what is required.

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15 by 10 will allow for ample outdoor space, not only in the rear, but on the side yards as well.

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15 by 10 will allow for ample outreach.

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We met with the community group, and they've given us, as you can see here, a letter dated November 10th of this year.

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They've given us a letter of support, non-opposition.

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and here's the uh 28 to 1 in support

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and i can uh we have a revised plan so i've already submitted the revised plans to uh

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one page one page one page

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and i'm showing you the photos as we go

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proof of posting

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I think you can

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summarize because everybody

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you have no opposition from anyone

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none whatsoever

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and of course in the

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packet we have the

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the flyer

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proof of mailing

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tax certification

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and all

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of that so with that

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I'd like to ask

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my client to raise her hand

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to be acknowledged if she's available. Ms. Garrido?

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Hello? Yes, I'm here.

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Ms. Garrido, please identify yourself. Spell your first and last name for us.

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Yes, it's Anna Garrido. A-N-A-G-A-R-R-I-D-O.

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we're in a firm to tell the truth the whole truth and nothing but the truth

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yes i do

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thank you chairman

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ms garrito did you hear my presentation to the board today

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yes i've been here the last three hours

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you and i both and did you uh believe that to it to be uh accurate and true to your the best

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your knowledge yes okay and do you adopt it as your own testimony if need be yes thank you very

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much thank you mr chairman with that i rest my case thank you questions from the board no

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anyone else would like to testify in this case if so please raise your hand you have hillary emerson

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good evening good evening um hillary emerson on behalf of councilwoman sherelle parker

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um the councilman is not opposed um to the revised plan in this case which um includes

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significantly reduced square footage for um the shed as well as um greater width and depth in the

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side and rear yards um the community did support the updated proposal in a follow-up meeting

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Previously, they were okay with the setbacks, but not the size of the shed.

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But now they're okay with some setback variances, as well as a slight variance for the shed.

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I do want to note, I was looking over the revised plans, Mr. Anastasio sent them to me this morning.

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The table, it doesn't have the revised numbers in it under proposed for what the revised setbacks are going to be.

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So, I just want to make sure that the revised setbacks are reflected in the permit and variance that's granted for this.

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So, it looks like they're correcting the drawing, but they're not correcting the table.

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So, I don't know if something needs to be corrected and re-stamped or if the drawing is sufficient.

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Sharon, is the drawing sufficient?

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Can we this once just agree that Mr. Anastasio will give me a plan with a revised table?

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I will. And I think document S1 that I'm presenting right now that is on the screen

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is in fact the revised plan. And I'll make sure that that gets to Attorney Soletta in a timely

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matter we can consider it some no we can consider it submitted today thank you all right thank you

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okay uh miss emerson yeah that's that's fine yeah and verne if you could just you know send me a

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copy too for our records once the table is adjusted thank you of course when the board goes in front

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of city council for a raise you're going to be i'm going to subpoena you as an expert witness

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all right all right

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all right all right question i know i know you're talking about hillary and not me frank

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i said hillary yeah that's right all right um questions from the board no no thank you planning

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Planning Commission.

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Planning Commission.

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In the meantime, I forgot to ask, is there anyone else who would like to testify in this

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case?

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Please raise your hand.

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There are no other hands.

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Did you lose the Planning Commission?

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good afternoon good evening uh this is nicole ozdem here for the planning commission staff

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hi nicole please spell your full name for the sonographer and then of course nicole n-i-c-o-l-e

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ozdemir o z as in zebra d as in david e as in edward m as in michael i r as in richard

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thank you so we're in the firm to tell the truth the whole truth nothing but the truth

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i do please proceed this property is indicated for residential use on the city plan giving the

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existing site contacts we have no objection to the granting of this variance thank you

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mi 2020-000745-212 robin street my vote is yes my vote is yes my vote is yes my vote is yes

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oh i'm sorry i apologize my vote is yes with the proviso revised plan one page approved tonight

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yes with proviso yes with proviso yes with proviso okay mi 2020-0008572523 waverly street

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i know we had someone on a few minutes ago yes i'm here are you the owner i am the architect

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the my client who's the owner is trying to uh he's got he's in on the zoom but he can't

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mute or unmute time you have any advice for him i'm sorry i'm just uh you said what's going on

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with the...

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He's having a hard time on muting himself.

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What is the individual's name?

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Dr. Richard Landis.

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I think he posted a question on the Q&A.

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So, Chair, I promoted him.

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Mr. Gutierrez, you're going to be muted

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because you cannot present at all.

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Oh, thank you very much.

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but will you stick around in case we have a question for you doctor good evening please

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identify yourself for the record your full name and address can you hear me now yes we can good

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thank you please identify yourself your full name and address hello

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Dr. Landis can you hear us? I can hear you thank you. Okay so you're supposed to put your name

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and address on the record. I when I registered I put everything in there. Oh you have to verbally

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give it to us please. Oh I'm sorry. No problem. My address is 821 South 48th Street and the zip is

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19143. And your full name, spell your full name, please. John, first name, Richard Landis.

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Spell your last name, please. L-A-N-D-I-S. And do you swear and affirm to tell the truth,

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the whole truth, and nothing but the truth? Yes, I do. Okay, sir, please tell us,

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present us with your testimony. Sir, have you emailed an exhibit packet with the required

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documents, proof of ownership, proof of tax compliance, copy of the refusal or

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referral photos and plans five days prior to this, Aaron?

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Hello? Dr. Landis. Yes.

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I was assuming that Jerry would present the case first, but I'm happy to introduce myself and what

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we're proposing.

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You were asked the question, did you confess or repeat it for him, please?

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

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

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See you next time.

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I'm sorry, I'm turning up the volume. I didn't hear your question.

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And I'm sorry, it might not be clear to Dr. Landis.

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the architect can discuss the plans, but they cannot present the case.

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So you present the case, and then we can let him show the plans on the screen.

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That's fine.

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So I'm a resident of Philadelphia since 1997, moving here as professor of biostatistics at Penn.

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And I'm now moving towards retirement. The house here on 48th Street that I live on is three-story Victorian, 3,300 square feet. So I'm looking to downsize. And my daughter is the co-owner of this house on Waverly Street. She took a new position in Washington, D.C.

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Could you just let us, excuse me for interrupting, Doctor, could you provide us with testimony as to what it is you'd like to do with 2523 Waverly?

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Yes. So I would like to add the third story that you'll see in the drawings and then move into that as a retirement home from the place I'm currently living.

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Okay, so do we have any drawings or photographs of what you're proposing to do?

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And if so, please share them with us.

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Jerry has those.

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Okay, Jerry, the architect, you can put those up for us.

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Thank you.

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I'd like to share my screen, if I may.

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Yes, that's fine.

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We did never, never got an answer. Do we have a letter from the RCO?

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There is a letter in the package I sent to the zoning board, sir.

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Is that a letter of opposition or non-opposition?

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It's a letter of non-opposition. It's from the Center City Residence Association.

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Thank you.

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So let me begin.

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And we did receive that letter.

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Thank you.

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And then, Chairman, did you get this revised plan?

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I have the revised plans form.

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I was going to ask if the plans were submitted showing these changes.

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Next question to the architect.

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The plans haven't been formally submitted via the Eclipse system.

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They don't need to be submitted to Eclipse.

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they need to be submitted to us.

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I'm seeing plans that have revision number one

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and revision number two marked.

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Are these the revised plans?

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The revised plans that we had two meetings

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with the Residence Association and the community.

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The plans that are shown on the screen right now,

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these represent these plans represent the plans as revised based on the community meetings and

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these are the plans that were voted on by the community okay the original plans that were

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submitted which we were then refused are also included at the end of the package which is

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how you see it on the screen. That's fine. And it appears that three pages of the plans that

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you submitted show revisions. Is that correct? That's correct. I have notated

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each of the drawings, the revised drawings, to show how the design has changed to accommodate

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the many comments that we heard from community as well as adjacent neighbors.

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thank you that's very helpful i think that answers most of our questions uh

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do we have 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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no hands thank you planning commission

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