civus
Hearing video

ZBA Hearing - June 23, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 23, 20216h 15m

it is the existing is two stories high which um first let me

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does anybody does anybody hear that um background

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yes it sounds like wind wind yeah i'm indoors okay stay there

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go ahead this is Morris street uh the property is located about in the middle of the block

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uh and we have uh just to show you the zoning map so the um the property is located here there is

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cmx at the corner uh on passionk avenue but the remainder of the block is rsa5 um excuse me this

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is sharon saletta again it's the applicant who has to you can pull up the exhibits for him but

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he has to present the case. Oh, okay. Go ahead, Andrew. Okay. So the request is to add a third,

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a full third floor extending out to the front of the existing property without the setback

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that is required, which is what the variance is needed for. In addition, as you'll see on this

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image on the rooftop there will be an enlarged pilot house at the back of the

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property that would allow for some some extra space Anthony if you'll go to the

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sightline pictures as was presented at the RCO for East Passion Crossing which

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which received a unanimous approval and the letter is attached in our in our packet um this shows

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received unanimous approval and the letter is attached in our in our packet

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that none of the the fourth uh the third floor or excuse me the rooftop enlarged um pilot house

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will be visible from any sight lines uh on properties uh across the street on morris

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or from anyone walking on the sidewalk so we're asking for a variance to allow us to have that

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in large pilot house on the rooftop deck in addition to the full third floor addition that

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would not have be set back uh the normal amount

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and then you'll continue on any other pictures that that may help me proceed okay

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you have to talk andrew then won't let me talk no i i i understand um there's information

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so the one of the i believe the other variants is to increase the rooftop um which is allowed

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uh to be um is it 39 feet anthony yes 39 feet three inches right okay and and we're seeking to

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extend that to uh approximately 42 feet is that correct no the allowed is 38 feet we're at 39

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feet three okay my apologies an extra one foot three inches in extending uh the third foot uh

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floor height um on the property correct

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and as you'll see in all these images what we intend to do it is a single family property we

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intend to keep it a single family property uh there will be no additional units uh we just

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are intending to add some extra space for a growing family we receive no objections again

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as at the RCO level and we have their full support and full support of my neighbors to

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follow forward with the project. We also have Councilman Squilla submitting a letter of non-opposition.

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Does the board have any questions? No. No. Is there anyone in the virtual audience who would

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like to testify? I see no hands, Madam Chair. Thank you. Planning Commission? This is Ron Bednar,

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City Planning. Do you swear or affirm to tell the whole truth and nothing about the truth?

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I do. Thank you. I'm sorry, if we could please have the spelling of your name, Mr. Bednar.

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Okay, it's R-O-N, last name Bednar, B-E-D-N-A-R.

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Thank you, Ms. Sunkett.

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Okay, this property is indicated

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for single-family residential use on the city plan.

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Recommend the dequested variance be granted.

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Thank you.

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Calendar number 0871, 1120 Morris Street.

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My vote is yes.

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my vote is yes my vote is yes my vote is yes good luck calendar number 0791

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1605 placid street the attorney is verne anastasio

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he's coming back in as a panel

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thank you

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hi mr anastasio can you put your name and address on the record please

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good evening madam chairman uh chairwoman uh and members of the board sorry about that

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that's okay and spell your last name anastasio a-n-a-s-t-a-s-i-o 1315 walnut suite 1006 philadelphia

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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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Do you agree to waive 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,

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photos under plans of the property five days in advance of this hearing, and have you met

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with the RCO, and do you have a letter?

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Yes, I have.

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I do show here that there is a letter of support from the Roanhurst Civic Association.

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You may proceed.

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That's correct.

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Thank you.

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Please allow me to share my screen.

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Okay.

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Yes.

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Pretty straightforward application. No heavy lifting here. It's a legalization of an outdoor

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Pretty straightforward application.

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No heavy lifting here.

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deck and a side yard of existing property. My client thought, because several of her neighbors

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on the very same side of the street, put a side deck in their property that she could do the same.

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and it turns out that she needs zoning relief to do that.

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So let me show you.

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This is the house.

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This is the deck.

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Here's another view of the deck.

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For whatever reason, my computer is slowing up these days.

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Hold on, please.

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it's buffering

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and buffering

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might be time for some new computers

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but here it is

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side deck

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that she thought she was

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legally able to

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place on the side of her property

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and

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I've sent you the

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the D, the tax cert

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but most importantly

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her neighbors met with her

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the folks that showed up

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supported unanimously.

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Again, there are several properties on the block

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that are, you know,

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put these side decks out there.

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This is for some nice outdoor space.

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Doesn't negatively impact anyone.

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Again, she's got the full support

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of all her immediate neighbors.

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And as a result, we're asking respectfully

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for the granting of this variance.

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Is there anyone here in the virtual audience to testify?

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My client is.

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If she can raise her hand, please.

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Thank you.

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Okay.

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Hi.

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Hi.

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Can you put your name and address on the record, please?

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And spell her last name.

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Maria Carrico, C-A-R-R-I-C-O, 1605 Placid Street, Philadelphia, PA, 19152.

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You swear to tell the whole truth and nothing but the truth?

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Yes, I do.

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Okay, Vern.

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Thank you, Carol.

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Maria, did you hear my presentation to the board this evening?

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Yes, I did.

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Is it true and accurate to the best of your knowledge?

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Yes, it is.

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and would you support it and adopt it as your own testimony if need be yes it is thank you that's

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all i have madam chair person okay thank you does the board have any questions no no no

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okay planning commission uh run bednarcy planning

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copies indicated for residential use on the city plan given the established block pattern

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we recommend that the press of variance be running thank you calendar number two zero two one zero

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zero zero seven nine one 1605 placid street my vote is yes

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my vote is yes my vote is yes my vote is yes thank you all have a good evening see you next week

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calendar number 0873-2217 south juniper street the attorney is richard demarco

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mr demarco is coming back in as a panel okay mr demarco can you put your name and address on the

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record and spell your last name yes good afternoon everybody richard demarco d-e-m-a-r-c-o 2005

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market street 64 i think you're already under oath i am yes earlier do you agree to wave the

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reading of the refusal and stipulate to its accuracy i do have you emailed the exhibit

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packet with proof of ownership tax compliance refusal referral photos under plans of the

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property five days in advance of this hearing? And have you met with the RCO? And do you have

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a letter? Yes, we have all of that. We did submit exhibits ahead of time. We have letters from

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Councilman Squilla of non-opposition. We have a letter from the RCO of non-opposition.

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Here on my screen, I have on the call, I have the owner, Mike Reverso Jr. with us.

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Let me share my screen.

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I'll briefly, very briefly go through this with you.

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I'll note for you that the setback, this is for basically a third-story addition.

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I'll note for you that the setback,

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this is for basically a third story edition.

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We only have two-dimensional variances, and I would note that we actually do set back somewhat.

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We don't go back the full eight feet at the third story, but we do set back five feet.

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I would argue that this is a de minimis request.

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We meet all the other dimensional requirements with the exception of open area,

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although we do meet the rear yard area requirements just open area is not met but

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we have additional area with the roof deck which is fully compliant um the thing i wanted to show

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you uh was these are the plans of we have anthony brutiniti as well if you have any questions

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regarding the architectural plans right here you can see there is a five foot setback i'm showing

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it i'm showing you with my courses so there is a setback but it's not late feet i would argue

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that statement i'll show you there's other properties on the block that have the

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same setback as a matter of fact this monstrosity is across the street

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that one this one here is directly across the street so there are properties that are taking

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advantage of the third story and almost all of them are not sitting back they're either

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have been granted variances, pre-date changes in code.

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You're saying that's on Juniper Street?

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This is directly across the street on Juniper Street.

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Very interesting looking property to say the least.

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But anyway, there's others as well, Madam Chair.

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This clearly is going on in South Philadelphia.

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The neighborhood groups are supporting it

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because we want people to stay in the city.

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My RCO also supports this type of variance.

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But again, we actually are setting back five feet, but not the full eight feet.

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There's a petition from, that's the RCO, excuse me.

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Sorry, I'm moving back quick here, but I'm sure you're ready to.

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Not opposition from the RCO, Squilla also.

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Let me just have Mike Reverso authorized as a panelist.

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I'll have him adopt my testimony.

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We do have a zero balance.

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We did, oddly, we couldn't download.

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something was not working properly with the system we have zero balance real estate taxes

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are all paid but we couldn't download the tax clearance certificate specifically but

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there is a zero balance he's paid all his um taxes mike are you mike are you with us

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i am did you hear my testimony and is it true and accurate and you adopt it as your own testimony

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Yes.

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Did you pay all of your real estate taxes?

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And are we clear on all your taxes?

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Yes.

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Okay, and I'm going to interject.

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You jumped the gun.

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Can you put your name and address on the record and spell your last name, sir?

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Yes.

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Michael Reverso, R-I-V-E-R-S-O, 2216 South Tuniper Street, Philadelphia PA, 19148.

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

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based on what you've already said.

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Yes.

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Okay, go ahead.

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And thank you.

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That's all, Madam Chair.

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I'm showing the receipt that shows,

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and you should be able to check on your end.

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It should have zero balance on your location.

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Planning Commission.

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Ron Bednar, City Planning.

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Property is indicated for residential use on the city plan,

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given the established block pattern.

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Recommend the request of variance be granted.

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