civus
Hearing video

ZBA Hearing - January 26, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 26, 20223h 58m

use in the IRMX classification with a spray booth and a mixing room. Obviously, intensive

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industrial is not allowed in an IRMX. That is the only refusal we have here on the use. To give you

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a little bit of background on the property, the property is a sizable piece of real estate with

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many different units within it, each of which has its own, you know, commercial or industrial use

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that hopefully has been approved. Geographically, it sits between Tarsdale and Worth Street.

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Justin, let me add, Justin, are you going to put this up on the screen?

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Oh, I'm sorry.

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I thought you were –

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No, it's not here.

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It says paused.

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I apologize.

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Let me see if I can get that back to you.

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Did you see it at all, if I may ask?

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No, nothing.

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No.

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Okay.

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Let me try that one more time.

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We're up.

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You're up.

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Okay, thank you very much.

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I'm so sorry.

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You couldn't make it just a little bit bigger.

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That's fine now. It's good now. Okay. We're good. All right. So the only refusal, I apologize,

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is that intensive industrial is not allowed in here. But again, the point being is that the

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applicant does not spray cars, but rather artwork. And I will give you some examples of that

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momentarily. The property is located between Worth and Torsdale and consists of several units within

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this industrial kind of park, again, IRMX. We are looking to operate in one space over here,

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unit F. But again, there are several commercial slash industrial uses. The applicant currently

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does have a space in this building, but is leasing the larger space because he needs additional

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space to work. His initial application at his original location in this building was put

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through somewhat incorrectly by a prior attorney who sought to get him artisan industrial believing

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that the artist aspect of this was controlling but again the chemicals that are being used are

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more important so we are for the new space he is i'm you know trying to get this all straightened

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out um mr torani also does comply with all city of philadelphia and state environmental and

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Mr. Tarani also does comply with all city of Philadelphia and state environmental and air regulation matters.

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This is the side of the building that is located on Worth Street, as well as this angle of the building from Kinsley Street.

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What's notable is our property is located on the Torresdale side of the property, and it is the three, these two bays and central door located within this red box.

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The applicant will be potentially using the bay door to get certain items commissioned for work in and out, but it is not for vehicles and so forth.

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As for a key plan, just to give you some bearing on where in the building, we are talking about unit F.

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The space currently looks like this on the inside. It's very bare bones and just an open workspace.

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This pad right by the bay door that you saw from the exterior is where the paint booth resides.

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sides. We have schematics of a paint booth, which again, from the initial view that the

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neighborhood took, they had concerns about what was going to be done or painted in there.

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We assured them that there will be no automotive painting. The reason for the size of the space

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is, as I will show you in a bit, some of the artwork. I'll jump to the bottom of it to give

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you an example. This is kind of what we're talking about. Mr. Tarani is commissioned to spray paint

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a lot of metallic artwork and as much as uh you may not believe it these are not mylar balloons

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they are metal and they are uh you know detailed with obviously automotive quality paints and so

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forth um this structure this sculpture down here is just as an example things might get large

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again this is metal um so so the neighborhood had concerns that we might bring it in bring

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larger objects or cars, so they issued a proviso regarding size. We agree with the proviso that

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has been set forth, and I'm going to bring those up right now. It says no automobile painting or

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anything larger than a surfboard. We don't have any general objection, but the idea of surfboard

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as a general object, something might be slightly bigger or smaller, but no automobile painting for

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sure. The neighborhood also heard testimony about, you know, the regulations that we follow,

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but they have asked that we maintain openness to inspection, which we will, and they would like

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this to be granted on a provisionary basis for a year. Again, my client is not opposed to complying

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with the RCO. We do believe that an annual need to reapply for a variance would be a little

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cumbersome and onerous and cost inefficient and would prefer potentially something in the lines

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of two years, which I believe might be more standard. But nevertheless, we met with the RCO.

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They are in support of the use and understand it. I have an exemplar copy of the initial page

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of the lease for the new space at Unit F. Mr. Tarani is tax compliant with the City of Philadelphia

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and has posted zoning posters on both the outdoor and on the interior doors of the property

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and at every window that he has facing the street.

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This is the other side of the building at the main entrance to the interior courtyard.

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For these reasons, we don't believe that Mr. Tarani's use or application will impact the neighborhood

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or create any congestion in the streets or with the utilities in the area.

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We believe that there's a hardship in literal enforcement of the code because his use is not as extensive as we think the code is trying to protect against.

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Something that is, you know, more private and lower key fine art finishing versus intensive industrial automobile spray painting and so forth.

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With that said, I'd like to bring on.

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So, so, so, so counsel, um, our attorney does not feel as though it's enforceable,

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the whole surfboard concept. So we, we, we, we would not make it a proviso. And we also believe

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that if you wanted to do the yearly process, you'd have to start right now. So we don't think

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that's practical. And what we've seen in the past is three years. Uh, I believe the applicant would

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be very appreciative of that again not trying to skirt an obligation to report to the neighborhood

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or to the city but uh it's more economical and of course if anyone has issues during the interim

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they are more than happy to report it or contact us to discuss so thank you

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um if mr torani could be brought on to acknowledge the testimony

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Could you please have your client raise their hand, please?

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Could you please have your client?

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Yes.

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The Tehrani Paintworks has raised their hand.

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How are you?

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Yes, Mr. Tehrani.

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Could you state your name, please, and spell it for the court reporter?

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Yes, James Tehrani, J-A-M-E-S-T-E-R-R-A-N-I.

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Right.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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yes

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thank you

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Mr. Tarani have you had an opportunity

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to hear my testimony before the board

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today yes I just did

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and do you acknowledge that

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the statements I made were true and correct

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yes and

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if you had the opportunity to speak with the board

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do you adopt my testimony

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as if it was your own and you would give

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the same testimony yes

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thank you thank you

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Mr. Tarani is available for any questions from the board

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as am I questions from the board

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions from the virtual audience?

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Chair, we have Sloan Folks.

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Yes, sir.

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Good afternoon, Chairman Bergman, ZBA Board, Sloan Folks, S-L-O-A-N-E, F-S in Fire, O-L-K-S,

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Office of Councilwoman Maria Quinonez Sanchez, 7th District, Room 508 City Hall.

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and you've already been sworn today thank you sir uh the councilwoman um well i'm sorry the

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applicants having met with the coordinating rcl and receiving a letter of non-opposition

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the council member has no opposition to this variance request thank you

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any other questions or comments from the virtual audience

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i see no hand here okay planning commission good afternoon chair bergman david fecto city

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planning commission uh chair members of the board the comprehensive plan recommends no change to the

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industrial and residential mixed use zoning at this location the zoning for this block was changed

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in 2014 to acknowledge the activities that were already happening within the building

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The proposed intensive industrial activity could be compatible with the residential units already existing in the building, but we are concerned with that spray painting activity.

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We understand the nature of it is small scale, but spray paint and people don't often go well together.

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So we're going to recommend that the board grant the applicant the three-year temporary variance requested by the RCO.

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Thank you.

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MI 2021-002537-4520-40, Worf Street. I vote yes with proviso that this ends on 126-25.

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Carol Tenere, my vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.

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James Snell, yes with proviso. Ishmael Shaheed, yes with proviso.

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Thank you, members of the board.

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MI 2021 002540 740 North 20th Street, United Franceville Civic Association, letter of support, Gussie O'Neill.

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good afternoon hi could you state your name and spell for the court reporter please

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sure my first name is augusta a-u-g-u-s-t-a my last name is o'neill o-n-e-i-l-l right do you

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swear for him to tell the truth the whole truth and nothing but the truth i do our our vice chair

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has a few questions hi good afternoon do you swear for him to tell the no you just did that

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

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Yes, I do.

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And have you submitted all of the required documents?

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I have.

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You may proceed.

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Thank you.

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Thank you so much, Mr. Chair, members of the board.

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I'm here this afternoon representing the owner of the property at 740 North 20th Street.

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This is an application to demolish an existing single-family home that is currently on the property and construct a brand new three-story home that's going to look a bit more consistent with what is in this developing neighborhood.

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This property is currently zoned RSA 5. Just for context, I'm going to bring up a picture of the existing structure.

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Just for context, I'm going to bring up a picture of the existing structure. This is a single-family

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home that's currently on the property. As you can see, it does have parking for vehicles for the

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owner. Directly across the street from our property is a large multi-family apartment complex.

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again for context just wanted to show the multi-family units there's also a number of

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three-story homes that are on the street to the south of our property again are some

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new three-story single-family homes this is pretty consistent with what you're going to see

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in this area this is on brown street directly around the corner from our property

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three-story modern looking properties. This is again to the north of the property also on Brown

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Street you're going to see a lot of three-story homes. So the parking that is currently in front

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of the existing structure the owner is going to keep. We are going to keep the parking space in

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part because the feedback that we receive from neighbors is that parking in this area much like

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in other parts of the city is extremely difficult um so the parking was certainly a plus to this

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application but the parking space did generate a refusal as you can see from the refusal that

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i provided at page six of our um zoning packet the other refusals that we received were for

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the balcony that's going to be on the new home just so you can see on the plan let me just shift

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this around. So the house is going to have a balcony, but that was one of the reasons for

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the refusal that we received. The other refusal that we received, sorry, let me just shift this

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back again. The refusal that we received was for the setback of the home. We had initially met with

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the RCO for this property, the United Francisville Civic Association, on August 11th of last year.

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At that time, there was a neighbor to the property who was in opposition to the project.

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She thought that the setback that we were proposing could potentially impact her own home.

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So we have since worked with her and had multiple meetings, both with

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representatives of the RCO as well as the neighbor that was concerned about the setback.

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and we've exchanged a lot of emails. We have since updated the setback from 16 feet that was

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on our refusal and the property is now going to be set back to 23 feet. So we did have a second

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meeting with the RCO on January 12th of this year, just a few weeks ago. I'm happy to report that as

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a result of those additional meetings and the neighborhood outreach that I did and our architect

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David Whipple did, we now do have a letter of support from the RCO, which appears at

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page three of your exhibit package.

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And as you can see, they're taking a position of support on this project.

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So with that being said, I would like to call forward my client, Natal Loda, just to adopt

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my testimony.

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Natal, if you could raise your hand so that you can be identified.

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yes can you hear me hi yes could you state your name and spell for the court reporter

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sure my name is uh nita loda

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oh yeah i'm sorry it's n-i-t-t-a-l last name is l-o-d-h-a

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you will swear a firm to tell the truth the whole truth and nothing but the truth

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yes proceed counsel thank you so much so natal did you have a chance to hear my testimony this

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afternoon yes i did was everything that i said true and accurate yes yes and would you like to

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adopt my testimony as your own yes thank you so much so um mr chair members of the board we have

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our project architect david whipple available for questions i'm also available um for questions

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if the board should have any questions from the board no mr chairman no mr chairman no mr chairman

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no mr chairman questions from the virtual audience

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chair we have shoshana brickland

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could you no hi could you could you state your name and spell for the court reporter

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I don't think I'm on this case.

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I think that was a mistake.

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all right thank you i see no other handshare planning commission

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All right.

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Thank you.

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I see no other hand shared.

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thank you mr chairman david vecto city planning commission the comprehensive plan recommends no

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change to the residential single family zoning at this location the proposal for a single family

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home is consistent with that zoning and as much as we typically oppose front parking the parking

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pad already exists so the city planning commission is going to recommend that the board grant the

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requested variances thank you mi 2021 002540 740 north 20 street i vote yes carol tanari my vote

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is yes thomas holloman my vote is yes james snell my vote is yes ishmael shaheed my vote is yes

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Thank you. Thank you so much. MI 2021 002575 8501 Hegerman Street, Sean Ward, RCO, Upper

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Holmesburg Civic Association, letter of support. Good afternoon, Mr. Chairman, members of the

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