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Hearing video

ZBA Hearing - October 20, 2021

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

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

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with our vice chair ms carol tenere

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present present our board secretary mr confessor plaza

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present and board member mr thomas halliman

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present i understand our other board member mr james snow will be joining us

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a little bit later we also have our board administrator

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Mr. Jason Hand, and our board attorney, Ms. Rebecca Cole, is in attendance, as is our

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zoning board administrator, Ms. Tanya Sumpkin. For those of you who haven't yet participated

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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 and that the recording will be made available to the public by contacting or emailing our zoning board administrator, Ms. Tanya Sunkit at Tanya.Sunkit at phila.gov.

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at phila.gov. For anyone participating by phone, if you wish to testify, you must raise your hand

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by hitting star nine and then star six to unmute yourself. I'll repeat that. For anyone participating

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by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six

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to unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue. I will repeat that.

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For anyone who would like to enter an 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'd also like to remind everyone please

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do not attempt to testify in the chat and comments questions or concerns should be directed to our

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board administrator today Mr. Jason Hand. With that I will read off a list of requests for

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continuances on the two o'clock list. Case number three, MI 2021-002-644-1701 South 25th Street.

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Number four on our list, MI 2021-002-825-2348 West Montgomery Avenue.

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Number nine on the two o'clock list, MI 2021-002-826, 2713 West Montgomery Avenue.

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Also, as a request by the RCO for continuance on case number 11, MI 2021-002-634-326,

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6, Roxborough Avenue, number 12, MI 2021-002-824, 400 West Cambria Street, and number 15 on the

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list mi 2021-003-5121-824 ron street if anyone disagrees with the request for the continuance

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is i have just run into the record please raise your hand at this time if you disagree

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with the continuance request that i've just run into the record please raise your hand

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Mr. Chair, I see Ms. Rachel Pritzker's hand. I'm raised. I will allow her to speak at this time.

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Thank you. Good afternoon, Ms. Pritzker. Please identify yourself with a record.

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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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And I'm not sure if were you sworn in earlier? If so, you're still under oath.

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And I'm not sure if were you sworn in earlier?

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If so, you're still under oath.

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No, I was not sworn in.

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No, I was not.

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Okay, so do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you. Please proceed.

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So I represent the owner of 326 Roxborough Avenue. I believe the letter was sent in for

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continuance by the RCO. However, we've met all the conditions in order to proceed with the case,

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specifically meeting with the near neighbors to discuss some issues that they had so we're

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well prepared to go forward with this case today and don't believe there's a need for a continuance

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okay so that'll get removed we'll hear that case MI 2021 that's 002-634-326 Roxborough Avenue

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is removed from the continuance list any other concerns or disagreements with the request for

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continuances please raise your name mr chair i have a miss marshall woods with her hand raised

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that will allow to speak at this time thank you good afternoon miss woods please spell your full

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name and i'll swear you in

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Ms. Woods, unmute yourself, please.

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Yes, this is Martia Woods, M-A-R-T-I-A-Woods, W-O-O-D-S.

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you swear or affirm you tell the truth all truth nothing but the truth

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yes we're calling regarding 4938 b street yes um nature of your call what would you like us to do

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i'm calling to request a variancy i have met with my ward leader and community

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are you asking for a continuance

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are you asking do you want to go forward with your case yes okay then you'll have to wait

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till we get to it all right oh okay yeah we'll get to you at moment not momentarily i don't know

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how long it'll take but you're number 12 on our list we'll get to you okay anyone else at this

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time I'll ask you if anyone would like to request a continuance or withdrawal on the two o'clock

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list, please raise your hand. If you're requesting a continuance or withdrawal, two o'clock list,

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please raise your hand. Chair, Ms. Celeste Hardister has her hand raised. I won't allow her to speak at

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this time. Thank you. Ma'am, please spell your full name and I'll swear you in. I'm Celeste

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c-e-l-e-s-t-e hardester h-a-r-d-e-s-t-e-r and do you swear if I'm to tell the truth the whole

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truth nothing but the truth yes I do I believe you appeared before this board yesterday memory

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serves me right how can we help you good memory I did indeed I just wanted to say that

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for 326 Roxborough Avenue if if it is heard today I will be asking for a continuance today

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um okay but that will be in my testimony and miss pritzker asked that we'll go forward

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let's wait till we get to that case we may be able to accommodate you in one way okay thank

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you we might continue it but we'll get when we get to work we'll talk through it okay thank you

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thank you anyone requesting a continuous or withdrawal please raise your hand for the two

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o'clock list? Chair, I have a Pat Warren with their hand raised. I will allow them to speak

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at this time. Thank you. Good afternoon. Please spell your full name for the record.

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Patrick, P-A-T-R-I-C-K, Warren, W-A-R-R-E-N. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? Yes, I do. In what case are you calling regarding, sir?

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i have the number here it's uh 1642 south hollywood street

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it's number two mr chair 1542 south hollywood okay and you're calling regarding

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this has this has been turned over to the seniors law firm and they told me that i could mention

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mention them that they will be looking into this and uh as of monday on the 26th i'm sorry

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are you calling for a asking for a continuance yes yes and you you are you a member of the

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And you, are you a member of the Grace Ferry Community Council?

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Graysbury Community Council.

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Yes, I am.

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Have you discussed, let's wait till we get to that case.

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We'll call Mr. Clinton up, who's the attorney of record, and we'll have that discussion, okay?

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Okay, thank you.

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Stand by, we'll get back to you.

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Anyone else requesting a continuance or withdrawal?

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Mr. Chair, one thing I'd like to add.

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This is something new. And this is for everyone. If you are an LLC, an LLP, or a religious organization, you must be represented by an attorney. If not, we will not hear your case.

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Thank you. One more time. Any requests for continuances or withdrawals?

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Chair, there was a hand up, but it has since gone down, and I do not see any further hands.

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Thank you, Jason. Okay, with that, we can proceed to case number one, MI 2021-002-649-1547 South 19th Street.

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Rachel Pritzker is the attorney of record. Point Breeze Community Development Coalition sent a letter of support.

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Good afternoon, Ms. Pritzker. Again, please identify yourself with the record, and I remind you you're still on the earth.

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It appears as though it's Brandon Safran.

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Yes.

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Oh, okay. I have Pritzker on mine. Brandon?

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Yep, I'm subbing it for this one.

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Okay, just spell your full name, and I'll swear you, have you been sworn in already today?

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No, no, I wasn't on this morning.

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Okay, so spell your full name, and I'll swear you.

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um b-r-a-n-d-o-n uh last name is s as in sam a v as in victor r-a-n do you swear or firmly

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tell the truth the whole truth nothing but the truth i do okay uh vice chair madam uh tenere

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has some questions for you do you agree to wait the reading of the refusal and stipulate to its

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accuracy yes i do have you emailed the exhibit packet with proof of ownership tax compliance

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a copy of the refusal referral photos and or plans of the property five days in advance of

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this hearing and have you met with the RCO and do you have a letter yes I do and as mentioned

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we have a letter of support okay great you may proceed okay thank you I'm going to share my

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screen here so the property in question is 1547 South 19th this is just north of the corner of

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19th and Tasker. It is one in from the corner. And what we're here to ask for is a variance that

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will allow two unit use, duplex use, as we are aiming to convert the downstairs vacant commercial

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unit into a residential unit. The upstairs floor is already a residential unit. So that is what

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is reflected on the refusal. The refusal is for duplex use in the RSA 5 district.

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And just to show you the zoning map, it's generally RSA 5 in this area, the corner properties

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or CMX 1. So very brief history. This was registered, this downstairs space is a hair

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salon for a very long time. It was purchased by my client, Caitlin Jones, about a year and a half

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ago, the building. She is under the impression from the seller that the hair studio closed in

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2018. She actively attempted to lease out that space to some sort of commercial or office

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enterprise after her purchase and was unsuccessful. Really, the hardship at this point is that

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given that that space has been vacant, perhaps over three years or approaching three years,

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That's the lapse period for its use permit. So if she was now to secure a commercial tenant,

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she would have to identify what that tenant's use would be and then take them through the

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variance process, which makes leasing the space very unattractive. So we went to Point Breeze CDC

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with our appeal here, obtained a letter of support from that organization after our meeting.

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Caitlin also walked the block. All credit to her here, I think secured maybe a half dozen

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letters of support from folks on the block. So the reaction to this was generally pretty positive.

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And I think really beyond that, I do have floor plans here. And the architect who made them,

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And the architect who made them will leave it to the board if you'd like me to bring her on to talk through them.

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We'll leave it to the board if you'd like me.

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If not, I can quickly show you them myself, whatever would be best.

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Yeah, let's let's you go through them. And if we have any questions, myself and the board members will stop it.

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OK, sure. So I'm just going to do my really amateur job here.

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But basically, there are no changes to the upstairs unit proposed.

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this is a uh that's actually the basement so here is what's proposed for the uh the ground floor

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that's changing so they actually do the two units have separate doorways already and that will be

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maintained um they're going to be installing uh caitlin that is a kitchen um in towards the front

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of the space there will be um a bathroom here two bedrooms um there is sort of like a i call it a

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reverse breezeway that will allow the bathroom sort of at the midpoint of the building to have

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direct emergency egress into the rear yard there is more formal egress from the rear bedroom into

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the rear yard um you know that's that's really the extent of the project again the upstairs is not

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changing okay thank you any questions from the board no mr chairman and mr chair no okay

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Okay, Brandon, if you could, do you have your client available to adopt your testimony?

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Yes, she should be on.

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Caitlin Jones is her name.

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Ms. Jones, whenever you get on, please spell your full name, and I will swear you in.

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Hi, this is Caitlin, K-A-I-T-L-Y-N, last name Jones, J-O-N-E-S.

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And do you swear or affirm 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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Mr. Sovereign?

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Hi, Caitlin. Were you able to hear the entirety of my testimony just now?

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I was.

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Okay. And would you agree that it was true and accurate?

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Yes.

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And would you agree to adopt it as your own testimony?

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Yes.

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Okay. Thanks very much.

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Would anyone, is there anyone who would like to testify in this case? If so, please raise your hand.

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I'll answer, Chair.

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Thank you. Planning Commission.

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Good afternoon. David Fecto, F-E-C-T-E-A-U, with the City Planning Commission.

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Were you sworn in earlier?

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No, sir, I was not, but thank you for checking.

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

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Yes, sir, I do.

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Thank you. Please proceed.

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All right. Thank you, sir.

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Mr. Chairman, members of the board, the comprehensive plan recommends no change in the residential single-family zoning at this location.

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the applicant has demonstrated a hardship exists that would prevent further commercial use of the property.

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We recommend that the board support the requested use variance.

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Thank you. MI 2021-0026491547 South 19th Street, my vote is yes.

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Carrollton, my vote is yes.

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Confessor Plaza, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Okay, thank you, James.

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Let the record reflect that Mr. Snell, a board member, is present.

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Case number two, MI 2021-002, 626-1542 South Hollywood Street.

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Henry Clinton is the attorney of record.

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Grace Ferry Community Council sent a letter of support,

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but we did have a gentleman who has Mr. Clinton there before I go any further.

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He's been promoted to panelist, sir. Mr. Clinton, please identify yourself. I'll swear you in.

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Good afternoon, Mr. Chairman and members of the board. Henry Clinton, Queen Memorial Building,

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1313 South 33rd Street, Philadelphia PA, 19146. And do you swear if I'm to tell the truth,

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the whole truth, nothing but the truth? I do. There was a gentleman on earlier whose name

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my escape to me at the moment i don't know if you heard his uh request uh asking for a continuance

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did you hear that yes i did yes i did mr charner i was mr pat warren i believe he did participate

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in the community meeting uh and we have a letter of support from the grace very community council

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so we're ready to proceed okay so we'll move forward with the case and mr warren will have

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Mr. Warren will have an opportunity to express his concerns about this application.

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So our Vice Chair, Ms. Denary, has questions for you.

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Hi, Mr. Clinton.

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

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Yes, to all of you, Bob.

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Okay, great. You may proceed.

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Is that visible enough?

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uh yeah you got a lot of other stuff going on behind the uh there you go that's good thank you

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okay uh thank you mr chairman good afternoon mr chairman members of the board henry clinton for

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