civus
Hearing video

ZBA Hearing - March 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 10, 20215h 3m

My name is Stephen G. Pollack, Esquire, 1500 JFK Boulevard, Suite 1700, Philadelphia, PA, 19102.

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

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I do.

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do you also agree to wave the reading of the refusal and stipulate to its accuracy

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i do madam vice chair have you emailed the exhibit packet with proof of ownership tax compliance

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refusal referral photos and or plans of the property five days in advance of this hearing

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and have you met with the rco and do you have a letter yes to all questions madam vice chair

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thank you you may proceed okay uh mr chairman members of the board this is uh i have with me

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Heather Havener, who is my associate, I would like to be able to have Heather have the ability to

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share the screen, since as I always say, this is technologically above my pay grade when it

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comes to sharing screens. Ms. Havener, you've been promoted to panelists.

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I see her. Ms. Havener, you're on mute, so if you need to speak, just unmute yourself.

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She's not going to be testifying, correct?

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Not really, probably.

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So we don't need to swear.

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Just here, just here.

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This is basically my client, Gus Dracopoulos is on.

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Gus is the principal of Philodelsa Fia LLC, which is the owner-operator of the Adult Cabaret at 6130 West Passionk.

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It used to be the Vanity Grand.

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Gus has taken it over, and it's now going to be called Sin City.

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we are asking for permission to change the existing freestanding double-faced sign that's

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been on the property to an accessory sign that will be a double-faced digital sign. One side

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has already received permission from the LNI because it's recognized as a non-conforming sign,

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but they considered thus increasing the non-conformity by converting the second side

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to digital. The height of the structure will be the same. Heather, if you can show us that photo

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number nine that you've got there, that would be great. If you can blow it up. So if you see it on

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the right-hand side, that is our, well, that's right across the street is a double-decker

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billboard, a non-accessory sign, but we are to the right. As I said, we've changed the name to

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Sin City, but we have waited for permission to make this change. The height of this sign will

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remain the same. The sign will be about, it's a 12-6 by 24-6. Heather, if you will go to the site

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plan that we have. There you go. This is what the sign is going to utilize the existing

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tripole. We're just going to swap out the static sign and put the new double-faced freestanding

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digital sign on top of the existing structure with some fortifications. As you can see,

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if we go to the lower part of this exhibit, you'll see that we're going to put it right

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in the same corner of the parking lot where it says existing 40 foot high pylon sign so we need

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because the sign is bigger than what is allowed in an industrial three district however it's a

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non-conforming as the size we are at 45 feet rather than 20 feet which is the allowable height

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but again it's a non-conforming sign it is an accessory sign if you could go to what we have

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is some exhibits of what could be here's in there uh number three go back to number three the aerial

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that you have um again and um i know i don't want to steal craig melodosian's thunder i never want

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to do that but craig uh aptly put it in his letter because we have a letter of non-opposition from the

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southwest uh uh the council of community groups um as you can see we're surrounded by uh scrap yards

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part uh automobile repair lots and that nature and the upper uh also gives you an aerial there's

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a petrochemical storage facility so we're not in any residential area uh in in this we're just

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sort of down just over the pass yonk avenue bridge and just down from the auto mall is where we're

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is where we're located and you can see uh we are right where it says pass yonk avenue is basically

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located and you can see uh we are right where it says pass yonk avenue

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where our building is in the parking lot uh heather will you go to the exhibits that show

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the potential signage that we would have again if you look at four you'll see this the vanity

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grand sign that's the support system we're going to be using and just putting a double-faced

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digital on it heather go to the signage um something that we will be able to do is you'll

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see go down to where it's well sin city we've changed at least the face of the facade but we

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have like public service announcements that we'll be able to do open for lunch that's what we'll be

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able to put on there go down to the next one we'll be able to say don't drink and drive

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community meetings can be announced at certain times so therefore we believe that we're not

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asking this is the least minimum variance you're allowed for up to four faces in this i3 district

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we're still just sticking with two faces we're not increasing uh the size or height or dimensions of

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the sign uh and we believe that is not detrimental to health safety and welfare uh i would like to

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ask i have gus dracopolis who is with us who is the principal of the uh ownership entity uh can

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we have Mr. Dracopoulos let in and let him confirm what I've stated on the record.

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Thank you, sir. When you get on, please identify yourself. Spell your first and last name for us,

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please. Mr. Dracopoulos, you can unmute yourself and speak.

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Gus, are you on? Yep. Can you hear me? Gus, can you state your name and address for the record?

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Gus Trakopoulos, G-U-S, last name Trakopoulos, D-A-V-I-D, R-A-K-O-P-O-U-L-O-S, 6130 Pass Young Avenue.

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Sorry for, in the words of Rodney Dangerfield, I mispronunciated your name. I'm sorry.

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And you do affirm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Gus, you've heard what I've stated on the record. Is that correct?

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It's correct, yes.

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And your days and hours of operation, you're right now 5 to about 11 at last call and close at 12 because of the COVID restrictions, is that correct?

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And seven days a week?

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Correct.

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Everything I stated on the record, do you adopt that as your testimony?

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Yes, correct.

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Members of the board, if you want, I have Mr. Matt Shapiro, who is with the Eastern Tech Sign Company.

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It's a digital sign.

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we'll be able to live with the uh restrictions that we have in terms of message changing for

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non-accessory signs but this as i said is an accessory sign i would have mr shapiro if the

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board would like to hear from we also have mr andy barrios from albert tows's office who prepared

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those that exhibit that you've seen with the site plan if the board doesn't have any questions of

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those witnesses i'll uh i'll assume that we can go without them and i'll just ask the board to

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accept. We had two submissions. We submitted an original packet of exhibits A1 through A18

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for the original hearing scheduled for November 18th, and then we provided supplemental exhibits

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that are A21, A12.1, 13.1, 14.1, 15.1, then added A19 through A23, which shows you the various

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elevation plans sign plans the part the menu that's being served because there is a full

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food operation so with that members of the board uh we believe that uh there is a hardship uh this

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is a modernization of an existing non-conforming use to allow it for accessory signage to be able

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to uh identify the change in in the use and the ownership rather at this at this location

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and as I said we are in the good position I always like to be in of asking for permission

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to change a sign rather than having asked for asking for forgiveness so with that I would

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move for all our exhibits accepted into the record and we would rest and I know Mr. Melodosian is

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here to let you know about the Southwest community. Any questions from the board? No. Yeah. No.

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else like to testify in this case please raise your hand chair we have craig meladozian mr

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meladozian you can unmute yourself and speak morning mr meladozian uh you're still under

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oath from this morning please identify yourself with the right morning chair craig meladozian

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coordinating rco ward 40 republican rco representing the southwest philadelphia consortium of rcos

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We had a meeting with the applicant's team. Though there was a division on the vote,

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I wanted to indicate that the current owner

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is much more organizationally driven in terms of safety, security, public order, and cleanliness

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is much more organizationally driven in terms of safety, security.

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than was the previous operator of the facility.

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In terms of the application for signage, we considered several different issues.

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One, that the sign faces that are there do need to be dressed up.

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We find these types of requests coming in regularly from the proprietors on the auto mall

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where their national brands require an updating of the brand

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for the particular dealership.

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So we viewed this as a similar situation.

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Additionally, since one digital sign had already been approved

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through LNI, it made no sense to try to oppose a second digital sign.

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This way, one sign is looking east towards South Philly.

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A second sign is looking west towards a remainder of southwest, and we believed it would give it a much better look.

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Regarding the vote, there were three affected RCOs that participated.

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They were two to one in support.

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There was a fourth non-affected RCO, which was in opposition.

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We also looked that way, splitting it.

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We also looked at all of what we would call the votes as individuals.

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And that was five to four. So in light of the various issues here, I, as the coordinating RCO, are in support of it, but in deference to my colleagues, we wrote a letter taking a position of non-opposition.

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There were also discussions of a community benefits agreement, which doesn't necessarily come before this board.

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uh so that was not considered with the vote so and i i leave it at that unless uh there

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are any other questions thank you anyone else would like to testify in this case please raise

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your hand chair we have andrew goodman mr goodman you can unmute yourself and speak

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morning good morning again mr goodman you're still under oath please identify yourself for

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Yes, Andrew Goodman, G-O-O-D-M-A-N, Office of Third District Councilmember Jamie Gaudier.

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The council member has no opposition to the application being presented here this morning.

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Thank you. I think I did ask questions from the board. I think I asked planning commission.

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I'm sorry, is there anyone else to testify?

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There are no hands at the sign, Chair.

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Thank you.

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Planning Commission?

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Thank you, Chair DeChico.

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Mr. Chair, if it's okay, may I ask if you could put a question to the council for the applicant?

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Yes, please.

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Just wondering, I'm after the commission, whether this sign will require approval by PennDOT?

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Not that we know of.

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We're withholding within our property line.

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Understood.

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Yes, thank you. So the comprehensive plan recommends no change to heavy industrial

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zoning at this location. The proposed alteration to the existing non-conforming sign is in line

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with a de minimis request and so the Planning Commission has no objection to the granting of

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experience. Thank you. MI 2020-001-651. 6130 West Hesseonk Avenue. My vote is yes. My vote is yes.

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My vote is yes. My vote is yes.

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You've got to go to number five, Carol. Yes, sir. Thank you, Mr. Chairman, members of the board.

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and have a great day you too steve calendar number 1231 4614-16 chester avenue the owner

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is elwood van skyver and we do have a letter of opposition from the rco which is cedar park

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neighbors, and also Councilwoman Gautier.

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Is Mr. VanSkyver counsel for this case, Madam Chair?

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I don't believe so.

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I think he's the owner.

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Okay.

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he was on earlier we swore him in he chose to go ahead forward with the case

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Mr. VanSkyver you've been promoted to panelists you can speak now

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he's still under oath Carol okay Mr. VanSkyver

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Mr. Vanskyver, he has to unmute himself.

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you have to run he has to run

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Mr. Vanskyver?

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Yes.

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

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My name is Elwood Vanskyver, V-V-A-N-S-C-I-V-E-R, at 243 Monument Avenue, Malvern, Pennsylvania.

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Thank you.

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Have you emailed the exhibit packet in with all the required documents consisting of proof of ownership, tax compliance, refusal, referral, photos, and 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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I have sent the packet in five days ago.

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However, I could not get the tax compliance document.

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so i emailed a copy of the of a screen from the revenue department yesterday showing our tax

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balance as current and i did send that yesterday i have met with the rco and there is a letter and

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it's uh it does not support the project okay miss aletta do you have that tax compliance letter

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yes we've received everything necessary great sir you may proceed okay uh this property i've

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i've owned this property for 40 years uh i've lived there uh for over 10 years and it is a three family

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uh uh rental property now it's a legally non-conforming property uh on chester avenue

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in the 4600 block of Chester Avenue. The zoning for it is RTA 1 and across the street,

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across Chester Avenue, the zoning is RSA 3, a single family. However, my neighbor at 46

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12 or 46 18 Chester Avenue is a 46 unit building directly across the street in the block between

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46th street and 47th street there are three buildings with over 50 units each and on my

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block there is only one property that has that conforms to the existing two-family zoning

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our proposal is to uh to build a we have an existing accessory structure in the back of our

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lot that is a garage and uh our proposal is to build a carriage house onto this um this this uh

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uh garage again sir can you share plans okay pardon me can you share plans on the screen

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please yes i can i guess i can uh i can also shit uh share uh photos would be better maybe

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to start with the photos so i could well whatever works for you yeah let me let me show the plans

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okay

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these

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how do I do this

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do I just put this

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over here

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can you see that

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the plans

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no

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okay

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if I want to

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share screen okay

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here we go

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okay

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Okay, so if I open this up, these are the proviso plans, can you see the screen?

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Yes, we can.

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Thank you.

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Okay. All right. This is the property as it exists now. And this is the existing building

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A as it's referred to. This is building B, which is the proposed carriage house in the

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back this shows the first floor second floor unit third floor unit and this is

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an elevation looking from the from what you would see from Chester Avenue if it

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was not occluded by the other building. Now the variances that we require for

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this are one because the existing garage is on the property line in the rear, two

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