civus
Hearing video

ZBA Hearing - March 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 5, 20258h 36m

This is 3537.

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It's listed as 14 apartments, but it's not 14 apartments.

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I mean, when you drive by and you look at the block, and this is from 1974, so I don't

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know if that building was demolished, but there's certainly not 14 apartments there.

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It's down further south.

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This is the building permit I referenced, excuse me, zoning permit I referenced for

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35-39.

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It was issued in 2021 for an eight-family dwelling, and it has since expired, and that's why I saw on the OPA records this morning that that permit was extended, and I don't really know if they're going to build it or not.

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These are the plans for that particular project.

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So this is now 3527.

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It's an update from the one that indicated it was 14 apartments.

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It's four apartments, not 14.

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I don't know if that was a typo.

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This is an older record from 1952 for 3527.

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Again, I'm just doing this just to indicate it.

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It has been historically multiple family use on the block.

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I think, Henry, I think we understand.

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Okay.

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All right.

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Don't mean to overdo it.

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Henry, the building that was right down the street, the large one, how many units in there?

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The one that's shaped similar to this one.

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Six.

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Six units.

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Thank you.

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Correct.

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You want to bring your client on?

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Sure.

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Davis, can you unmute yourself for the board?

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They have been allowed to speak.

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Sir, could you please state your name and spell for the stenographer?

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My name is Devis, D-E-V-I-S, lost name G-J-U-Z-I.

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You swear we're affirmed to tell the truth, the whole truth, nothing but the truth?

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You swear we're affirmed to tell the truth, the whole truth, and nothing but the truth?

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I do.

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I do.

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Please proceed, counsel.

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Thank you, Mr. Chairman.

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Davis, were you on the Zoom call when I presented your project?

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Yes, I was.

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Okay.

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And did you have to address the structural issues temporarily with this project back in 2020 with the Make Safe Permit?

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Yes.

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Yes. And if you had the opportunity to testify, would you adopt my testimony as your own

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and as true and correct? Yes, I do.

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Okay. And by the way, do you self-manage any properties that you own in the city of Philadelphia?

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Yes, I do. And do you collect trash on other properties

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on a regular basis, at least weekly of other properties that you own in the city of Philadelphia?

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you? Yes, I do. And do you intend to build a trash enclosure in the rear yard to contain

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the trash receptacles for each tenant in the property? Yes, I do. I have no further questions,

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Mr. Chairman. Henry, did you attend the RCO meeting? Could you tell us about that?

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Yeah, I did attend the RCO meeting of the Nice Town Tioga improvement team. They were interested

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in, again, I'm paraphrasing, bringing more units to the building, I mean, to the neighborhood

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since this block already was or has multifamily on it.

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And they were very concerned about pricing.

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And that's why you see in one of the provisos that my client has represented to that board

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and will put in writing that he's going to keep the apartments at $1,500 a month or less.

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I don't think it's going to be less than that.

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They also were concerned that they wanted my client's contact information, which we

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will certainly already gave it to them.

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There was a request for a hire locally.

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My client committed to interview anyone that's licensed and bonded to work on the project.

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And they want him to be part of the community and attend meetings on a regular basis.

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So my client agreed to all those things.

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as well as not having any co-living or calming living arrangements

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and prioritize local residents.

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Thank you. Questions from the board?

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Yeah. How many feet below grade is the basement?

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Davis, can you answer that question while I pull the plans up?

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Yeah. It's three feet.

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and how are we getting light and air into these basement apartments you said you were taking out

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the window well and putting in stairs instead so correct that's um miss gaston i'll answer that one

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uh these windows that are here now on the revised plans were not on the prior plan

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So windows were put into the front to bring light into the living and dining area.

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And then the door at the bottom will be a door with maybe a light at the top, not a physical light, but a window pane, and or it will be full glass.

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Okay.

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So then what about the bedrooms?

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What kind of light in here are we having there?

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So the same thing.

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This is a view of what's internal.

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There's going to be one, two, five, five windows there.

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On both sides?

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Yes, on both sides.

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Yes, Mr. Chairman, my mistake.

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Okay.

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So where are these windows going to be?

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They're going to be in this U-shaped area.

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there's going to be five windows on one side and five five windows there we're

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probably going to be awning windows or hopper windows that open in or out

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okay all right thank you all the questions yes there is my other

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question so why do we need to do eight units in here why couldn't we do cut out

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the household living in the basement and just have six units as opposed to eight units?

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Well, there's no reason, really. I mean, there's no reason that you could have a single family

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home. It's just that with the size of the property, the depth of the lot, and the desire to have as

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many housing units as possible, eight seemed to be acceptable to the community group. And it was

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something my client was willing to commit to. All right. And so we're getting into the whole

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And so we're getting into the whole least minimum variance sort of argument here.

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least minimum variance sort of.

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Understood.

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Yeah.

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Okay.

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Thank you.

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Other questions from the board?

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So all of the units are going to have access to the rear yard?

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Well, they would have to come, Ms. Graham, they'd have to come out and then, you know, walk along the side where the other building is.

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But they don't have any, there's no direct access.

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There's no rooftop deck and there's no stairs out the back.

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So the only units that have access to the rear deck directly currently are unit one and two in the basement.

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Yes, you are correct.

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And then who's going to maintain the rear yard and the, let's call it a courtyard for, I guess, that.

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Devis.

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Back of a better term.

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Sure.

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I didn't mean to interrupt you, Miss Graham.

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And, Devis, can you respond to that?

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I'm assuming you are, but, you know, you make the representation, please.

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Yes, the front yard and the rear yard will maintain.

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And then what's going to be the surface treatment in that rear yard

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and in the breezeway in the U?

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Is it paved?

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The U is going to be both the U and the rear yard is going to be paved.

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They're both paved.

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And then are any of your air handlers or any of your equipment going in the U

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itself?

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Yes, they can go because it's six feet.

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I didn't ask if they could.

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I asked, are you planning to put any of the air handlers in the U?

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It's like your fans, your blowers, your HVAC.

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On the U here?

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No, we'll plant them in the rear yard and the roof.

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No, your rear yard and the roof.

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because

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they'll impact the window

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viewing.

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Plus the noise.

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Okay. Any other questions

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to the board?

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Questions or comments from our attorney,

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Hillary Emerson?

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Just

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briefly, Mr. Clinton,

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we did receive your plans in Proviso

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form. If the board

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decides to grant

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and then stamp those plans, we would only be able to stamp the one page of the zoning plans

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and not the floor plans. I realize you probably did the floor plans for the benefit of the

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community, I understand, but we would just need an updated proviso form then just to reflect

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the one page of plans. Understood. All right, that's fair. I understand, Ms. Emerson.

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Questions or comments from the virtual audience?

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i see no hands at this time chair planning commission

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amy board with the planning commission the comprehensive plan recommends no change in

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zoning at this location from the existing residential single family rsa 5 we know for

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the board that absent participation in a state city or federal program no city zoning initiative

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for affordability can be can be enforced by any city agency. The character of this block is almost

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exclusively single family. The lot is 4,126 square feet which is two to three times the size of most

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parcels here. The requested eight units is not the least minimum however the density of three units

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will be in keeping with the character of the neighborhood. The Planning Commission recommends

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that the board grant the requested variance for multi-family with proviso max three units.

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Mr. Clinton, because of, you know, we've heard some different views about the project. What I'd like to do is vote on this next Wednesday, and in the executive session, we'll discuss it, and we'll vote at 930 a.m. next Wednesday.

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Understood, Mr. General. Thank you.

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Thank you for your presentation.

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All right. Thank you, sir.

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number 18 mi 2024 006 328 1524 south 10th street pasquale calavita is the attorney

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um there's a letter of non-opposition from the rco

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and also a letter of non-opposition from council member squilla

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in fact the passion square says they're unanimous non-opposition

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good morning good morning mr calvito could you please state your name and spell for the stenographer

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Absolutely.

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Pasquale Colavita, P-A-S-Q-U-A-L-E-C-O-L-A-V-I-T-A.

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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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I do.

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Would you identify your client, the relationship to the property?

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or Juan Carlos Aparicio Torres. Okay, our Vice Chair has a few questions. Good morning,

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Or Juan Carlos Aparicio Torres.

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Okay, our vice chair has a few questions.

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Counselor. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

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I do. Have you emailed in all the required documents and exhibits that's needed to proceed

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with this case five days in advance of this hearing? We have with the exception of about

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10 to 15 additional petitions in support. Well, I see that we still have not received the tax

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parents. So with respect to the tax clearance, we finally, after about two weeks going back and

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forth, number one, the real estate taxes have been paid to date. The balance of the 2025

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are not due until the 31st. What we learned was that there were some use and occupancy

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uh returns that were not filed i uh assisted mr torres yesterday we've filed all of them he's

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probably going to get at least about ten thousand dollars back uh as we filed amended returns when

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he was paying more than is required after residential deductions and the um the yearly

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exemptions so uh you didn't receive everything right we can supplement it but again i i've

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um in the past you've at the very least have allowed us uh due to the fact that uh real

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estate taxes uh for the property with the case um but we still need to make sure we see yeah i'll

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check on i'll check on the taxes um well while we go and it is just the real estate taxes so if

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i can pull something from the the philadelphia tax center that we can vote so and i did i believe

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that i submitted the uh updated that that portion of it and it's attached as one of my exhibits

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thank you okay please proceed thank you uh pasqua colavita turning on behalf of juan carlos

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Torres, owner of, let me share this screen, owner of 1524 South 10th Street.

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Mr. Juan Carlos lives in the property at this moment and on the second, third floor, as

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well as runs his BYOB El Chingon on the first floor.

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Just a little bit about Mr. Torres.

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as he is a James Beard nominated chef for this location is opening up a second location in

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Fishtown. The neighbor, we met with the RCO on December 10th of 2024. And as was stated earlier,

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a letter of support with certain provisos were submitted to you, which we intend on complying

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with, despite the fact that they probably are not enforceable pursuant to the zoning

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