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Hearing video

ZBA Hearing - December 8, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20214h 14m

Ma'am, please unmute yourself and please wait for the chair.

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Please state your name and spell it for the court reporter.

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I'm sorry, Chair.

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Can I just interject for one moment, please?

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Sure.

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In the virtual audience, is there an interpreter for this applicant?

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Please raise your hand if so.

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Okay, you can go forward, Luz.

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Monique.

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Monique, please state your name and spell it for the court reporter.

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Luz, I know I'm.

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

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Yes.

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Vice Chair, do you have questions?

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Oh, I'm sorry.

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This is Tanya again, if I could interject.

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I believe Luz was asking for a continuance.

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Luz, are you still doing that?

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Yes.

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And could you state the reason for your continuance?

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Yes, I request for the continuous case because I am not ready with the lounge to represent today.

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Okay. So, Chair, she had previously asked for continuance in the Q&A, and I was waiting for her case to come up. So, as you wish, if you're going to grant the continuance.

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Excuse me, this is Sharon. Can I get her to Ms. Anoa? Can you confirm that you are the property owner?

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Yes, I'm the property owner.

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And your name is shown on the deed as an individual?

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No, no. The deed is in my company name.

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and you understand that that means you would have to be represented by an attorney

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at the next year thank you thank you this is the reason i need the

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the continued case because the the lounge leo leo the uncontracted the the lounge leo

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is the name and today he is not not can represent okay so cheers a couple things i believe we need

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to have um the attorney as well as an interpreter um in the next session if you agree to continue

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this case i agree to continue the case and we should look for an interpreter okay lose you can

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reach out to the RCO email box or to Tanya.Sunkett at Philly.gov for any questions about this matter

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being rescheduled, okay? Thank you. All right, bye-bye. MI 2021-002286-5346-Angora-Turris,

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Joanne Hemingway

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no exhibits

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first listing

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Chair we have Shoshana

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Bricklin would you like to hear from her

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yes

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Ms. Bricklin

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please unmute yourself and please wait for the chair

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you can promote her she's an attorney

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yep

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okay

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she's coming back as a panel

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morning state your name and spell and and spell it for the court reporter please

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good morning uh shoshana brickland s-h-o-s-h-a-n-a the last name is brickland b-r-i-c-k-l-i-n

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i am the attorney for um the applicant on 5345 angora street right i believe you had the packet

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no wait a minute first do you swear a firm to tell the truth the whole truth and nothing but

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the truth uh yes i do and um miss brickland can you this is sharon saletta can you tell me um

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when it was submitted and whether I was copied?

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I can't tell you that offhand. The person I work with, Patrick Jones, who I believe you're all familiar with, was in a car accident morning. So he's usually the one who shares all these documents.

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I can't tell you that offhand.

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The person I work with,

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i have them available to share with some um but i'm i'm not so technically expert as mr jones is

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and i do have the applicant with me but i'm hearing that you don't have any of these

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documents um at all i don't personally but if we could move this back one case i will talk with

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and see if the rco mailbox received them thank you and the and that we do have the rco i think

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believes has sent the letter in support. So we have everything. Okay, Ms. Brooklyn, I'm going to

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ask you to turn your video and audio off and we'll move forward in another case. We'll check

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and make sure we have the documents before you can go forward. Thank you so much. All right,

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please hold on all right and my 20 21 00 2902 617 locust street no rco letter on file ryan bowlin

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esquire mr bowlin is coming back in as a panel

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Good morning.

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Good morning.

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And could you say your name and spell it for the court reporter?

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Yes.

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Ryan Boland, R-Y-A-N, B as in boy, O-L-A-N-D, 1801 Market Street, Philadelphia, PH19102.

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Do you swear a firm to tell the truth, the whole truth and nothing but the truth?

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Yes, I do.

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The vice chair has a few questions for you.

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Good morning.

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

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Yes, I do.

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I see that you have submitted most of what is needed, but we don't have an RCO letter to date.

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Excuse me, Madam Vice Chair, I received a message from Charles Richardson that we did get a last-minute submission of the RCO letter.

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Thank you.

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Okay, great.

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So we do have an RCO letter, and you may proceed.

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Terrific.

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So my name is Ryan Boland. I'm here. I represent the applicant Apex Hospitality Group. And I'm also here. I'll be having the architect Lee Elsie briefly take you through the plans. And I'm here with the owner. Before I take you through the presentation, I just want to give you a really quick background.

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So we've had two meetings with the RCO here, which is Faith, the Community Development Corporation.

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We had a four to two vote in favor of this project.

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What we're seeking to do is take a longstanding vacant corner property, which had a variance back in 1951 for a three-family.

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We're seeking to gut this dump of a house and turn it back into a three-family house.

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and there'll be a one-bedroom unit on the first floor

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that the owner is going to live in.

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Excuse me, counsel.

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Do you have some pictures?

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Yeah, yeah.

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Yes, I can.

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I'll share the screen in a moment.

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And then it's just going to be a two-bedroom unit

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on the second, two-bedroom on the third.

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Let me just share my screen.

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So I'll take you through some pictures here.

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So as you see, I'll just have up here first, the first document here is the refusal.

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And as you'll see, this is a multifamily, and one of the things we're doing is we're

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going to add a trash room off the back.

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Here's the photographs.

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So here's just the general area where it is.

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It's in East Germantown Avenue.

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This isn't Locust Street in Center City. There's another image of it. Here it is. It's the one on

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the right here. As you can see, corner property. Here you can also see it. It has very tall ceilings.

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The basement level is actually mostly above ground, and we're not planning on having any

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dwelling units, although it's mostly above ground. It's just going to be mechanicals and

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shared laundry. Here it is from the back, as you can tell, the building's falling apart. You have

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the brick pointing, and there's actually ferns growing off the side. Here you can see it from

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the side here. This is it right here. There's a shared little alleyway in the rear as well.

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Here's just images across the street, looking at some of the houses. Here's looking down the street,

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looking at some of the houses. Here's looking down the street, another one across the street,

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another one across the street.

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and here it is here, and you can see what the other houses on the block look similar to it.

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And so here, the hardship here, and I'll have the architect take you through the plans,

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But the hardship here relates to the condition of the building, the nature of the building.

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It has two front doors.

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As you can see here, there's a front door here and a front door here.

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The first front door takes you up to the second and third floors.

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So this is a large family.

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It's already set up as a multifamily.

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As I said, it's in terrible condition.

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And if I could have Lee Elsie raise his hand to walk the board through the plans very briefly.

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d esley you've been unmuted thank you good morning you state could you state your name

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and spell it for the court reporter sure lee lc l-e-e-e-l-s-e-y do you swear or firm to tell

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the truth the whole truth and nothing but the truth i do thank you

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okay so sorry off to the plan right you can see east locust street plan north you can see stokes

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street so we're a corner lot we've got two frontages uh which allows lots of windows into

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the building off to the the the left side you can see the rear with a rear easement that allows

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extra access and then you can see we're attached towards locust street with a building directly

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plan south and then there's a little side yard which is common among these houses. The top plan

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here is the first floor. You enter through a covered porch which allows two doors. The door

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to plan south takes you directly into unit one. Unit one is roughly 600 square feet. It's one bed

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one bathroom. Back to the covered porch, the door to the north takes you to a shared stairway that

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goes up to Units 2 and 3 on the second and third floor, respectively, as well as down to the cellar

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level. Cellar level, you can see we've got meters, mechanical equipment, common laundry equipment,

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and storage space thanks ryan headed up to floors two and three floor two on the bottom

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we've got a two bedroom uh one bath that's 775 square feet you can see we've got a bedroom in

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the front bedroom in the rear lots of light coming in through multiple windows and a projecting bay

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is in a, you know, decent sized living area in the middle. As you, as you circle around the stairs,

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you proceed up to the third floor, which is unit three, 800 square feet, two beds,

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two baths, very similar layout to unit two. Terrific. Thank you, Lee. And I'll just continue

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just briefly walking you through. I won't go through all of the documents we submitted. We

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have the deed, tax clearance, photographs, posting. I just wanted to show you at least

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the zoning records here that in 1951 there was a variance here for a three-family, 1951.

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three-family. Full disclosure, there is a permit in 1971 saying this was converted back to

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a two-family. I also have at the end here, I have records from the house eight doors down.

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It's the corner unit on the other end of the block. That was granted a variance by the zoning

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board in December of 2017. Nearly identical property. And here's the Atlas record here,

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601 locust 12 2017 this was a three family and that one actually has a door going into the

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basement and has the basement living um and i'll present to you that um pursuant to um the well

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established case law such as um vd versus the zba of the city of philadelphia the city of pittsburgh

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when you have a dilapidated building such as this this building's in terrible condition

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I'll have my client confirm that there should be a slight relaxation of the variance criteria.

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And this building, according to the city's records, has been vacant since at least 2012.

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My client recently bought it.

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And we want to put this building in good use.

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And the way to do it economically is to make it back into a three-family.

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the way to do it economically is to make it back into a three-family.

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If Peters, Peño, Pierre, Louis can raise his hand, please.

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He's coming back in as a panelist.

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please state your name and spell it for the court reporter sir

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good morning chair good morning members of the board my first name is peters

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the name pierre lewis uh middle name penneau last name pierre lewis um

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you want me to spell it yeah could you please sure first name p-e-t-e-r-s

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Another name is P-E-N-O

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Last name P-I-E-R-R-E

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Hyphen L-O-U-I-S

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

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Yes, I do.

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Did you hear the testimony I gave today and see the exhibits I presented to the board?

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Yes, I have.

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Are they true, correct, and accurate, and do you adopt them as your own?

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And briefly, can this project work as a two-family?

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As a two-family, it's quite difficult due to the amount of work, what I pay for it, and the mortgage wouldn't be a bit of covered because doing the math as a two-family,

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I could probably rent, if I have it as a three or four bedroom, the most I get is like $1,300,

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$1,500. So then downstairs, I could probably get $750 or $8 to that price or maybe $900 max.

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So that's going to be very tight in terms of making the mortgage. Let's say if someone wasn't

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able to go upstairs or wasn't able to make the payment, then I would be on hold to basically

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make that $2,600 a month type of payment. So the best feasible is to have the first

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bedroom, which I'm in the first unit, which I'm going to be owner-occupied, which let's say was

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800 hours and then the other two between 900 to 1100 that would be more feasible um to basically

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manage this um this property terrific terrific um and and do the members of the board have any

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questions for the owner questions for the from the board no mr chairman no questions

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comments from the virtual audience

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see no hands chair planning commission thank you mr chair ian haggerty for the philadelphia city

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

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existing single family zoning for this property however the proposed use does correspond to a

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documented prior use of the structure the city planning commission recommends that the board

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grant the variance. MI 2021 002902 617 Locust Street. I vote yes. Carol Tineri, my vote is yes.

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Professor Plaza, my vote is yes. James Snell, my vote is yes. Thomas Holloman, my vote is yes.

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Thank you. Thank you. Chair, going back to number 18, Angora Terrace,

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i have looked through both of my email accounts i found no exhibits and i think miss sunkett can

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you confirm that you weren't able to find the exhibits either actually we yes we did find the

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exhibit package i am sending it to you now if we could again here move forward to the next case

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yeah so mr letter can review this i also have the letter that was sent to us as well okay i'll send

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that now. Okay. Thank you. MI 2021 002903 6724 North Smedley Street. RCO letter in opposition.

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Lenandra Hanfield.

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Ms. Hanfield is coming back in as a panelist. Thank you.

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WOULD YOU STATE YOUR NAME AND SPELL IT FOR THE COURT REPORTER, PLEASE?

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