civus
Hearing video

ZBA Hearing - May 8, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 8, 20243h 45m

Vern, Anastasio.

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There are no hands.

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Okay. Thank you, everyone.

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See everyone at 2 p.m.

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Good afternoon, everyone.

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My name is Bill Bergman and I will be chairing this afternoon's EBA hearing.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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We also have LeBaron Leonard Palmer from the Division of Development Services, serving as an alternate board member.

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Present, Mr. Chairman.

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And also present is Hillary Emerson, our attorney, and Tanya Sunken, our executive director.

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Here's our virtual format.

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Proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting Tanya Sunken at phil.gov.

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For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and address of the property in question.

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And finally, the question box on the screen is now for comments or testimony.

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All comments should be directed to our executive director, Tanya Sunkit.

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Kanye sunk it. Let's look at our schedule for this afternoon. Number one, MI 2024-001-085-3012

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Let's look at our schedule for this afternoon.

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Number one.

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York Street. That case is a continued attorney moving party. Number two, MI 2024-001-087-3110

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West York Street. That case is continued attorney moving party. Number eight, MI 2024 001086 3014

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West York Street. That case is continued attorney moving party. Number nine, MI 2024 001084 3010

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West York Street. That case is continued attorney moving party. And number 12.

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MI 2024 001034 4828 D Street. Hillary, should I bring Mr. Consul on or is he aware of it?

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No, that's fine, Mr. Chair. He and I have been conversing over email.

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Thank you. So MI 2024-001-034-4828 D Street, that case is continued. And number 13, MI 2023-006-919-2301 North 29th Street. Hillary, have we been in touch with Mr. Malloy?

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We've received a request for continuance attorney moving party from Darwin Bouvier, who is handling this case.

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Okay. All right. So MI 2023-006-919-2301 North 29th Street at Case's Continued Attorney Moving Party. Are there any other requests for continuance?

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Good afternoon, Chair. This is Nadia, and I'll be your co-host today. We have one hand up, Brett Feldman, and they haven't allowed to speak.

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Mr. Feldman, could you state your name and spell for the court stenographer?

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Yes. Good afternoon, Mr. Chair. Members of the Board of Brett Feldman, B-R-E-T-T, Feldman, F-E-L-D-M-A-N, 1835 Mark.

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

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I do.

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Are you here for case number 7, 2628 South Street?

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Yeah, there's two related cases. One is the use structures and change a lot lines, and then the other is the accessory signs to that application.

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Okay. Yeah. So that's number. Let's see here. Let me get this again here. Number seven and number 10. Are that correct?

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I believe so.

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Okay. Yeah. So where do we stand with this?

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Sure. Sure. So this is applications where we requested amended zoning plans. Those plans are actually being reviewed by L&I in the process of being reviewed by L&I.

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So that's kind of continuance reason number one is that you need to get a new refusal back for the board to hear those.

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And then number two, on a parallel track, though, we were working very closely with SASNA, the impacted RCOs, and then a near neighbor group on these plan changes.

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So when we hopefully with this grant of dual continuances, we can come back to the board and, you know, have support from the community and the immediate neighbor.

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So I would ask for one more continuance on this, but I think we're almost there.

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Thank you very much. So number seven, MI 2023-005-769-2628 South Street.

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Cases continued. Mark must be heard. And number 10, MI 2024-004-624-2628 South Street.

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That case is continued. Mark must be heard. Thank you, sir.

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Thank you. Thank you, Mr. Chairman.

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Chairman, Jim Snell is on the call.

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Thank you, Jim.

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Okay, what else do I have?

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Number four.

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MI 2023-004-105-1708-West Tioga Street, Parcel A.

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Listed applicant is Ombre Architects.

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No exhibits.

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This is the third listing.

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And, Mr. Chair, for the record, 1708 Tioga LP is the listed owner.

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Okay.

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We do not have an attorney of record.

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Do you have any hands up?

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I see no hands.

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So this is the third listing.

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So MI 2023-004-105, 1708 West Tioga Street, number Parcel A, I vote to dismiss.

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Thomas Holloman, my vote is to dismiss.

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Thomas Holloman, my vote is to dismiss.

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James Thelma.

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James Snell, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Okay, thank you.

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We're going to go to our adalons.

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So MI 2023-004-440-2117 North 7th Street.

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I vote no to reconsideration and rehearing.

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Thomas Holloman, my vote is no to reconsideration and rehearing.

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James Snell, my vote is no to reconsideration and rehearing.

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Ishmael Shaheed, my vote is no to reconsideration and rehearing.

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Thank you. So the next one is MI 2022-005-442-321-0-Vare Avenue.

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Voting on this will be myself, Ishmael, and LeBaron Palmer.

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I vote yes.

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Ishmael Shaheed, my vote is yes.

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LeBaron Leonard Palmer, my vote is yes.

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And number three, MI 2023-006-932-1240 Harrison Street.

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Voting on this will be myself, Ishmael, and James Snell.

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I vote no.

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James Snell, my vote is no.

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Ishmael Shaheed, my vote is no.

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Thank you.

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We're going to go to our regular list, and we're going to start with number six.

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MI 2024-001-388-1633 Rumford Road.

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Philomena St. Jean is the owner applicant.

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Filomena is coming in as a panelist.

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Thank you.

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Hi.

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Filomena?

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Can you share her hand?

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yes chair they're on as a panel hi hi could you i could you state your name please and spell for

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the stenographer yes um philomena st gene p h i l o m e n a st gene s t j e a n right do you

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swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do. So this

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application is for use as a multifamily household living in an existing structure. The proposed use

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multifamily household living is prohibited in the RSA3 zoning district. Number one, could you put

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your video on? And then our vice chair has a few questions. Yes. Thank you. Thank you very much.

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hi hi good afternoon hi have you emailed in all the work have you have you been able to email in

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all the required documents and exhibits that is needed to proceed with this case five days in

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advance thank you please proceed and share your screen okay um oh you you mean to put your put

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your documents up on the computer okay should be that screen share screen button yes i just i okay

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yeah there you go you're coming up yep coming up now

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okay what i'm trying to do i'm trying to renovate and convert uh both uh the basement

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with the two-call garages into a living space.

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Could you start showing us some of the photos?

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Which ones do you want?

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I'm sorry.

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Let's see the property first, so it makes it a little bit easier.

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Okay.

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Oh, my computer is really slow today.

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I don't know what's going on.

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i'm not sure why it's not opening i'm so sorry so let me let me say this do you have pictures

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of the garage and the basement yes i do actually um i'll just get that right now

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I'm sure it has to be in photos.

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why don't we do this why don't i take a couple other cases and then maybe in like 25 minutes

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a half hour i'll bring you back on and you can see if you can get them open okay okay you know

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i don't know why it's not opening actually okay all right so why don't we do this here yep i'm

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sorry to interrupt um maybe if she exit out of the share screen pull up the documents and then

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reshare her screen, we'll be able to see. Okay. Why don't we do that? Okay. So what should I do?

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Stop sharing your screen, then pull up the documents, and then share it again. Okay. Got it. Okay. Got it.

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and then share again i think she said right yes she said share again

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so

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Okay. Well, you know what? I'm sorry. I think I'm going to have to.

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I'll call you back in about a half hour. Okay.

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Okay. That sounds good. Thank you.

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Maybe you can figure out where we stand. Okay. Thank you very much, ma'am.

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Yes. Thank you.

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Okay.

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So let's go to number three.

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MI 2024-000811.

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626 South Front Street.

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Adam Laver is the attorney.

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There's a letter of support from the Queen Village Neighbors Association and a letter of non-opposition from Council Member Squilla.

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Chair, we have a Marianne Garber with their hand raised.

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Okay.

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I will allow them to speak.

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Good afternoon. Can everyone hear me?

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I can. Are you an attorney?

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I am, yes.

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I'm an attorney with Buchanan Ingersoll, and I'm here in place of Adam Laver, who was unable

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to attend the-

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Okay, okay.

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All right, and you're ready to go forward, am I correct?

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Okay.

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Can everybody still hear me?

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We can.

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Could you state your name and spell for the court stenographer?

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Certainly.

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Marianne, M-A-R-Y-A-N-N-E, Garber, G-A-R-B as in boy, E-R.

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Right.

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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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Could you identify your client in relationship to the property?

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Yes.

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I represent Carl and Margaret Massara, and they are the owners of 626 South Front Street.

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Okay.

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And our vice chair has just a few questions.

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Certainly.

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Good afternoon, Counsel. Do you agree to read the refusal or stipulate towards accuracy?

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I'm sorry, can you repeat that?

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Do you agree to read the refusal or stipulate towards accuracy?

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Yes, I will stipulate to the accuracy of the notice of refusal.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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Yes, we have. Exhibits 1 through 13.

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Thank you, counsel. Please proceed and share your screen.

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Okay. I just need to figure out how to share my screen. Here we go. Share.

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All right.

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Can everybody see my screen?

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Yeah. We see it now. Yes.

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Okay. Wonderful. So my name is Marianne Garber.

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I represent Mr. and Mrs. Massara. Mr. Massara is a longtime Philadelphia resident and a beloved

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member of the Philadelphia community. Not only is he the owner of the property in question,

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but he's also the architect for the project that he's proposing. And he's, in fact, quite an

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and he's in fact quite an accomplished architect. He's done extensive number of projects throughout

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accomplished architect. He's done extensive.

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the city, including numerous historic renovations. And this particular project at 626 Front Street

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is near and dear to his heart because he is wanting to renovate this property to use as

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his primary residence and to relocate there. They're looking to relocate there because his

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daughter lives in the neighborhood, and so that's why they purchased this property in July of 2023.

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The Massaras are looking to work with the existing structure that's there, which historically had

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been used as a single-family residence. There was some shortish period of time prior to their

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ownership where it was used for commercial purposes, but he's looking to renovate the

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project or renovate the building rather and restore it to the single family use that it

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was originally built for. So they're just looking to make exterior and interior improvements to the

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existing building. They are not changing the footprint. They are not adding square footage.

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They're not adding any kind of addition. It's truly just interior and exterior

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renovations. So we're looking here at what is exhibit seven in the packet, and these are the

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plans that were reviewed by L&I. And so if you can see my cursor here, there are historic photos

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from the early 1900s and then 1950, 1960 era, or era rather, and this is where you can see the

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historic residential use with sort of this two-story or three-story structure here and then

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a one-story structure adjacent with a rooftop deck and a small enclosed area here. When the

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