civus
Hearing video

ZBA Hearing - June 23, 2021

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

and have you met with the RCO

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and do you have a letter?

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Yes, everything was sent in

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and we do have a letter from the RCO.

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And we do have one from Councilman Squilla

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And we do have one from Councilman Squilla as well for non-opposition.

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as well for non-opposition.

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You may proceed.

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Okay.

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So basically, as you just mentioned, we submitted the requested documents to the board for this

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variance.

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And the long and short of it is that we're seeking a variance for a third floor addition

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to our two-story home with no eight-foot setback is what we're trying to accomplish

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here.

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um do you do you want me to run through some of the documents that I had sent in uh I'll admit

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this is my first time through this process so I'd like to see the plans okay let me uh see if I can

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share my screen here um sorry just figuring out how to how to do that this is Pauline from IT if

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hover along the bottom of the screen, you should see a green share screen with an arrow. There it

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is, yep, hiding right in front of me. Okay. And then you choose the document that you want to share.

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Gotcha. Okay, just let me don't mind my personal email here.

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All right.

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And you wanted to see the plans here.

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You're witnessing my computer going very slowly.

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So I apologize.

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I'm sorry.

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Do we have someone talking in the background?

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I have somebody outside in the office next to me.

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I can ask them to quiet down in one second.

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Let me just pull these plans up for you.

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Just talk, but I don't know if you can move all the way around and you don't want to show up.

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A learning experience, like a preschool?

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Yeah.

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I'm like, franchise.

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They're huge.

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Yes.

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Yes.

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Okay.

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It's at the whole corner right here.

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Yeah.

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Okay.

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So what David needs is the whole building to stay alive.

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To start to bring on everything that he created.

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And he wants to report the object.

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David, he can't .

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He wants a full building to look like 100%.

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And then he's already .

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that's good okay anything else i can pull up for you here

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no

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do you need us to go through them

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That would be helpful. Tom?

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Yes.

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Go ahead, Al. Just go through them.

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Sorry, you need to go through each of the documents is what you want to say.

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Tom, what is it that you'd like to say?

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site a site plan right so i just had that pulled up here

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and just go through it al gotcha okay so um basically uh what you're seeing i guess uh

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on the top of the plan are some of the existing pictures of the front of the property and then

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it gives you a partial side elevation view as well as rear elevation and front elevation views here

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on the bottom right and then on the bottom left here what you get is the aerial of the bird's eye

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view that you can see the the roof deck and the rear yard and the front street there

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that any other questions no that's good no no

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No. Okay, is there anybody here who would like to testify on this case?

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okay uh

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I see no hands, Madam Chair. Okay, Planning Commission. Thank you Chair

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Tenari, Ian Hegarty for the Philadelphia City Planning Commission. Members of the

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board comprehensive plan recommends no change to the rsa 5 zoning at this location the proposed

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dimensions on this plan do not conflict with the characteristics of the surrounding neighborhood as

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there are several uh three-story properties already on this block the city planning commission

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recommends that the board grant the variance thank you calendar number 0869 1622 south 12th street

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my vote is yes my vote is yes my vote is yes my vote is yes good luck thank you calendar number

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zero eight seven four sixteen eleven brandywine street the owners are ian fitzpatrick and elaine

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fitzpatrick i'm sorry madam chair before we continue would it be allowable for zedgin to come forward

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oh sure thank you kindly

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um mr jen if you were online you heard that there was a another um there was a witness

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who wished to testify if we could take that testimony now would that be okay with you

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yes i'm fine with that thank you ms gomez has been unmuted ms gomez please unmute your

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Ms. Gomez, can you hear me?

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Hi, Ms. Gomez.

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Yes, can you hear me?

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Yes, I can hear you.

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

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Yes, my name is Lorraine, L-O-R-R-A-I-N-E.

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Last name is Gomez, G-O-M-E-Z.

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

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I do.

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And your address?

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4243 Viola Street, 19104.

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Okay.

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And your testimony is?

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The testimony is the residents of East Parkside feel as though that location and the density

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that is proposed to be put there is too much.

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We've worked hard to have our community zoned as a single family residence home and to put

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that amount of people in that space is just too many.

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We were hoping to come up with some type of compromise that would be beneficial to both.

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And at this time, we haven't.

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But the community is definitely opposed to the project.

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Were you present at the RCO meeting, the two RCO meetings that we had with the coordinating RCO?

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Yes.

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Okay, so we had, I understand there were some votes in opposition, but also we had people in support, I thought we had discussed the density issue.

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This is a double width lot, which is part of the reason why we're asking for, even if you build two single family houses, they would be substantial in size and in density as far as bedrooms.

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the three units total bedrooms are actually no greater than what two single family are say three

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houses would uh entail and this is an existing structure we're not looking to demolish it i

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think that's part of the reason we're asking for this particular setup okay we're talking about

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two different addresses here okay what i'm talking about is 4306 parkside but there is no structure

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yeah wrong address right okay oh okay then i think that would be it for me that's correct

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in 30 days august 4th at 9 30 you'll be back thank you thank you mr james i apologize for the error

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no problem thank you miss saletta

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calendar number 0874 1611 brandywine street

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The Fitzpatricks are the owners.

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We have a letter of support from the Spring Garden Civic Association.

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Madam Chair, the only hand that is up is Joyce Smith.

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Okay.

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I'd like to hear from her.

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Oh, there goes Elaine Fitzpatrick also.

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So you want me to do Joyce Smith first?

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No, Fitzpatrick.

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Sounds good.

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Thank you.

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you're welcome she's coming in as a panelist

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hello hello hello um fitzpatrick's can you put your name and address on the record please

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and spell your last name ian fitzpatrick 1611 brandy wine street philadelphia pa

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F-I-T-Z P-A-T-R-I-C-K Elaine Fitzpatrick, 1611 Brandywine Street, Philadelphia, P-A-T-R-I-C-K

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It's the accent.

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Okay, it's cool.

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

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Yes, we do.

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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 and or 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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Yes, we have all of that, yes.

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We actually do have the letter of support from the Spring Garden Civic Association, so you may proceed.

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Okay.

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So, here are the plans. Would you like us just to talk through the ideas behind it?

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Yes.

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Okay. So, like many people spent the last year or so working in sort of makeshift settings

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in the home, which is, you know, I don't know what any of us can predict what the future

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of work will look like but i'm sure we'll be working more from home going forward so the plan

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is to extend the existing pilot house to create a small office to attach to it and a powder room

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and a powder room yes so that'd be on the fourth floor

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and we're just moving the deck where the extension will be just to the front of the

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the extension and that's really it okay what does the rest of the block look like

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okay you want to get the photographs

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tom do you have any questions

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will there be revised plans submitted

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um for well i think they are the plans um we have the deck further out and the spring gardener civic

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association asked us to bring it back five feet which i believe my architect has changed the plans

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and the um the civic association has agreed with that yeah the the civic association gave us

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approval based on the revised plans so these excuse me this this is sharon we do have the

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revised plans and the proviso plans form the only change is the location of the deck so if you should

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approve this it should be with revised plans one page thank you okay i'm going to go to planning

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commission but wait wait a minute ian is there anyone else here who would like to testify

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if there is please raise your virtual hand

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i see no hands madam chair okay planning commission

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good morning chair tanara ian hegarty for the philadelphia city planning commission

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members of the board comprehensive plan recommends no change to the existing rm1 zoning at this

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location we don't object to the extent of the roof deck which we believe is consistent with

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adjacent properties and doesn't conflict with the characteristics of the surrounding neighborhood.

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However, the height requirements of the RM1 zoning district do not impose a financial burden on the

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applicant and so we don't feel that hardship has been established requiring them to violate the

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height limit and so City Planning Commission recommends that the board deny the variance for

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the building height. Thank you. Calendar number 0874-1611 Brandywine Street. My vote is yes with

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revised plans consisting of one page. Yes with proviso. Yes with proviso. Calendar number 2622-1713

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Calendar number 2622, 1713 South Street.

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South Street.

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The applicant, I believe, is Pincus Jakobovitz.

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There are no exhibits.

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In this case, it's the second listing.

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It's the applicant here.

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i have wade albert

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i can okay no he's not the applicant no okay no i don't see any other hands

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okay calendar number 2622 1713 south street this case is dismissed

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Dismissed.

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Dismissed.

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Dismissed.

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Calendar number 0781-2609 East Allegheny Avenue.

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The attorney is Sean Ward.

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Mr. Ward is coming back in as a panelist.

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mr ward good morning madam chair members of the board sean ward on behalf of the applicant

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my address is 331 east street road trevos pa 19053 do you swear or firm to tell the whole truth and

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nothing about the truth? I most certainly don't. Do you agree to wait the reading of the refusal

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and stipulate to its accuracy? Yes. And have you emailed the exhibit packet with proof of ownership,

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tax compliance, refusal, referral, photos, plans, five days in advance of this hearing? And have

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you met with the RCO? And do you have a letter? And as I asked that question, we do have a letter

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in support from PROPAC and a letter of non-opposition from Councilman Sculler. So now

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you can respond. That is correct, and yes, I do have those letters as indicated. Okay, you may

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proceed. Thank you, Madam Chair. Before I start speaking, can everybody see my screen? Yes. Okay,

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very good. This is a pretty straightforward case. I submitted my exhibit packet, which includes

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A1 is the notice of refusal. It's a permit for a vacant commercial first floor and two

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apartments, one each at the second and third floor in a CMX1 district. Under CMX1 regulations,

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the residential use is limited to that of the most restrictive residential district on the block,

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which in our case is RSA 5 which does not permit two-family dwellings so we seek a variance for

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the two-family use. A2 is the ZBA application of appeal. A3 the project information form. A4 is

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proof of ownership copy of the deed. A5 is proof of tax clearance. A6 are typical floor plans of

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the property for the second and third floors since the first floor commercial vacant commercial is

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permitted by right a7 photographs of the subject property and some street views uh separate from

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the packet which i do have is a8 is the rco letter of support from propac as mentioned and a9 is

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councilman squill's letter of non-opposition as far as that relevant zoning history for this

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property none was found however i would point out that the entire 2600 block uh is basically mixed

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use. The highlighted one, 2603, is my client's property, another property he owns on that block,

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and that is currently used as a hair salon with two apartments. We took that to the board

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several years ago for a variance to legalize those two apartments as well.

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