civus
Hearing video

ZBA Hearing - October 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20213h 14m

Yes, I do.

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yes i do okay sir could you please spell your first name k-i-e-r-a-n sorry

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Okay, you may proceed.

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Sir, could you please spell your first name?

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i'm sorry one more time i i might be better at that for the accent k-i-e-r-a-n

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thank you sure thank you

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thank you so the question posed by the board members um what percentage of the basement is

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out of the ground and the percentage of the basement out of the ground is approximately

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50 it'll be eight foot high basement walls and we'll go on just about four foot below the level

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of the sidewalk so it's just about 50 okay thank you mr schmerz can you can you can you blow up

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that that building section so i can see the

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over move it to the right

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the other way oh yeah it's right there i don't see a i don't see a dimension

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yes it's right underneath where it says basement to the right side

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no it's right it's right on the section

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right where it says basement four foot's listed right under that right under that dash

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okay thank you sure thank you

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does anyone else on the board have any questions

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planning commission

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thank you madam chair uh ian hegarty for the philadelphia city planning commission

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members of the board in 2015 the zoning map was amended from rm1 to rsa5 in this area and this

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was done in accord with a community-led remapping process. The intent of the remapping was to

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encourage multifamily development to concentrate on the major streets while preventing multifamily

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conversions and redevelopment on the side streets. So we would see this variance as being in direct

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conflict with the goals of the 2015 remapping. The applicant has not really shown anything that

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demonstrates that the lot is encumbered by any kind of unique physical conditions that would

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give rise to a hardship claim. They've depended solely on adjacent non-conformities. I should

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note that the building directly adjacent to this property was given its zoning permit

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in the same year that the zoning map was amended to RSA 5. The City Planning Commission recommends

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that the board deny this variance. Thank you. Is there anybody in the audience who would

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like to testify is there anyone here from west calpton saunders park madam chair mr andrew

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goodman has his hand raised okay great i'll speak at this time thank you mr goodman can you put your

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name on the record spell your last name and i'll swear you in morning andrew goodman g-o-o-d-m-a-n

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you're representing the office of third district council member jamie gaudier room 586 city hall

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do you swear for him to tell the whole truth and nothing about the truth

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yes i do okay you may proceed thank you members of the board uh council member gaudier stands with

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the coordinating rco in opposition to the requested variance um instead of replicating

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or duplicating rather, just affirm all of the testimony that was just given by Mr.

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Hegarty from the Planning Commission about the reasons why. And we have the RCO letter too,

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if we need to pull that up on the screen, you know, to give the coordinating RCO's perspective.

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Thank you so much. There are no other questions from the board?

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Just one, Madam Chair. There's two refusals, one for use and one for zoning.

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right thank you thank you calendar matter I'm sorry we still have someone who wishes to testify

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regarding this case okay great can that person raise their hand and I'll swear you in yeah I'm

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sorry Madam Chair Mr. Eileen uh Ananya Griff has their hand raised I've allowed them to speak at

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this time can you put your name Eileen on the record and spell your last name and first name

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Sure. I-L-E-N-E-G-R-I-F-F-F-F like in Griff. And I'm at 4033 Powleton Avenue, Philadelphia,

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powellton avenue philadelphia 19104 thank you do you swear from the tell the whole truth and

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19104. Thank you.

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nothing about the truth i do okay you may proceed i am the property that's two doors down on the

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corner and the density on this block is just out of control i also don't see any any indication on

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those plans where trash would go and that is another issue on this block um so i just wanted

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to state on the record that I am also opposed to this. Thank you.

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That is all, Madam Chair. Okay. Calendar number 2202-317 North Preston Street. My vote is no.

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Professor Plaza. My vote is no. James Snell. My vote is no. Thomas Holliman. My vote is no.

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Calendar number 2256, 4447 Kottman Avenue. The attorney is Fern Anastasio.

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There is no RCO letter, but Mr. Anastasio says that the RCO supports this with a maximum of two units.

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Three are proposed.

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Mr. Anastasio?

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Please raise your virtual hand again, sir, if you're out there.

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Ms. Sanka, do we have that letter saying that they support it with two units?

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I don't have anything currently.

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I think Ms. Anastasio might.

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Let's see.

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I'm sorry.

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I missed the question.

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Okay, Mr. Anastasio, put your name and address on the record and spell your last name.

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Thank you, Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Suite 1006, Philadelphia, 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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You agreed away with 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 under 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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I don't have a letter, but I have met with the RCO.

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We did a walkthrough with the head of the RCO, and then we had a meeting.

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We did not get an official position.

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I had a feeling that they were willing to support no more than two units, but that's not official, so I don't necessarily know if you can use my testimony to put on the record of their position.

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I don't necessarily know if that works.

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Once we look at the screen.

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Okay.

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I have it shared.

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Is that okay?

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Yes.

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Okay.

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I represent owner Z-Bin Tang, by the way, who purchased this property right in the midst

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of the pandemic last summer.

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When he purchased it, it was a three-family dwelling is exactly what it was, one on each

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floor.

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it's a there's a walkout basement from the rear which i will

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i thought i was going to be able to show you

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yeah it appears as though i'm having some data problems madam chair uh chairperson

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i'd like to be able to reboot my computer and see what's going on with my data i've

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had data issues all morning. Would it please the board if you put me towards the end of

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the list? I'm assuming I'm not the end of the list right now. The next one is the end

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of the list. I see. I'm just having some data issues and I want to be able to present at

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least the plan. But as you can see, I can't get anything to show up. Right. Well, we'll move on

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to number 11. Okay. And then I'm going to close up very quickly back to you. Understood. Thank

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you. And I'll get on with my IT people. Thank you. Thank you. My apologies for that. Oh, sure.

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Calendar number 2203-4931-59, Spruce Tree.

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The attorney is David Shafkowitz.

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There are no exhibits, and this is the first listing.

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I have promoted Mr. Shafkowitz, ma'am.

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I promoted Mr. Shafkowitz, ma'am.

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Mr. Shafkowitz, can you put your name and address on the record, spell your last name, and I will swear you in.

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Good morning, Madam Chair. My name is David Shafkowitz. Last name is S-H-A-F as in Frank, K-O-W-I-T-Z.

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address address is 16 sunset avenue shall find pennsylvania 18914 and maybe i'm sorry

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do you to you you just knocked me do you swear from the tell the whole truth and nothing but

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the truth i do madam chair thank you thank you wave the reading of the refusal and stipulate

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to its accuracy absolutely have you emailed the exhibit packet with proof of ownership tax

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compliance refusal referral photos under 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 we have that you have no exhibits correct

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madam chair and i was going to request the board's indulgence for a continuance of this matter so we

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could submit the proper material um and we did meet with the rco last week and just recently

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received the letter so we want to include everything in the packet together okay uh

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Does the board have any questions?

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No, ma'am.

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Ms. Sunkett, this is a must be heard,

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and I assume this will go into January?

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Yes, Madam Chair, either further than that.

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Actually, February.

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Okay.

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Calendar number 2203, 4931-59 Spruce Street.

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This case is continued, must be heard.

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Thank you, Madam Chair, I appreciate it.

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Thank you.

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Okay, we'll go back to Mr. Anastasio.

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I hope he has a response from his IT people.

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Calendar number 2256-4447, Cotman Avenue.

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Mr. Anastasio, if you're out there, please raise your hand.

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Yes, I just re-promoted him to panelists, Madam Chair.

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Thank you.

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that was quicker than i thought it was going to be but it's very quick uh thank you i thank you

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for the indulgence i'm going to try and try to do this again okay okay thank you

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do we see that there it is all right i'm not even going to scroll much you know because i

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don't want to lose it. This is really the most important part, I think. Again, my client purchased

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this property as a three-family dwelling in August of 2020. It has three separate electric

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meters, three separate electric accounts. A view of those bills that I have already submitted to

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the board and that are in this exhibit packet indicate that none of the three are being

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used as a common area account or have been these are you know full units as you can see I'll zoom

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in a little bit here for some reason it's one of those days with technology

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Sorry about that. It's got me in some sort of weird. Can't even scroll now. I'm sorry. But nevertheless, there is a rear entrance. This is a walkout basement to a living space, living quarters, and then two bedrooms.

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At the front of the house, there's a front porch with separate entrances.

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One goes to the first floor unit, and one goes to the second floor unit. And

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with that, I'm going to ask my client, Zeebin Tang, to raise his hand so that we can get him on

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the record as well. What is your client's name?

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Again, Z-Bin Tang, T-A-N-G.

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Now we're working.

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Okay, great.

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Sir, can you put your name on the record and spell your last name?

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My name is Mei Tan, M-E-I, last name T-A-N-G. I'm representing my dad.

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My name is Mei Tang, M-E-I, last name T-A-N-G.

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Okay, and your address?

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1013 West Ritner Street, Philadelphia, Pennsylvania, 191-48.

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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.

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Okay, you may continue, Mr. Anastasio.

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Thank you. Ma'am, did you hear my presentation to the board this morning?

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Yes.

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Yes. And was it true and accurate to the best of your knowledge? Yes. And would you adopt it as your own testimony if need be? Yes. And so would your dad. Is that correct? Yes. Okay. And I'm showing a photo right now on the screen that has three separate mailboxes on the property. Yes. Do you see that? Okay. These were here in August of 2020 went upon purchase. Is that correct? Yes. Okay. And we're going to scroll through.

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and this is the proper storage for all three units is that right of trash yes okay and this

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is the rear entrance to the first of the walkout basement for the first unit is that right yes okay

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and they're the three electric meters yes and here's the the date of the deed again is august

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2020. All right. Thank you very much. I also have the three separate PICO accounts.

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And I, of course, we met with Holmesburg. We mailed out 129 pieces of mail and we have the

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tax certification. I did email Holmesburg recently asking for some input, but I did not hear from

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them. But it was well attended. And again, we also did a walkthrough. Everyone certainly believed

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my client that he came upon this. It was well known that this has been a three-family dwelling

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on that block. There's other multi-families on that block as well, including some single-family

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homes. And with that, because my client came to this position, unbeknownst to him, it was not a

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legal three-family, but there is a variance on file for two-family dwelling that I was

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able to find from years ago.

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As such, we respectfully request the granting of this variance.

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Does the board have any questions?

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No, Madam Chair.

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No.

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Is there anyone in the virtual audience who would like to testify?

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I see no further hands, Madam Chair.

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And by the way, to the board, thank you very much for sticking with me while I tried to deal with this computer stuff today.

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So, thank you.

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Sure. Thanks for sticking with us.

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Planning Commission.

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Thank you, Madam Chair.

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Ian Hegarty for the Philadelphia City Planning Commission.

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While the comprehensive plan recommends no change to the existing single-family zoning at this location,

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we believe that the applicant has demonstrated long-standing three-family use on this property

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and so we don't object to the granting of the variance

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okay

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calendar number 2256-4447 cotman avenue my vote is yes

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there are there are other three units on the block

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there are there are several um multi-families on the block two and three units it's a it's a

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it's a pretty good mix and single family homes okay to three units

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confessor plaza yes james snell yes thomas holliman yes thank you well have a good uh rest

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of your day. Thank you. That concludes, I think, the 930 hearings. If we could just ask the virtual

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audience to ensure that we've covered everything. Okay. Is there anyone in the virtual audience who

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would like to be heard about any of the cases that were just heard?

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i see no hands madam chair thank you jason okay thanks everybody see you guys at

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two o'clock thank you vice chair wow you guys are too okay you as well bye

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we're recording

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we're recording then you'll let us know when you're ready we're ready chair we're already

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live we just ready to go okay thank you good afternoon everyone my name is frank de chico

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