civus
Hearing video

ZBA Hearing - August 4, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20201h 21m

no objection to the requested variances. Thank you. I got a little ahead of myself.

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Is there anyone else who wishes to testify in this matter? If so, please

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raise your hand. We do have a call-in user. Call-in user 1. There's no number

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attached to this um address so would you go ahead and unmute yourself and speak

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calling user do you wish to testify your hand is raised

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you can continue chair thank you um i was mentioned i believe by uh the attorney mr

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Marcel that there had been some communication with Councilman Jones. Is there a letter or anything?

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There had been some communication with Councilman Jones. Is there a letter or anything from the Councilman's office in the file.

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Your Honor, we received one. I believe it was late last night. I believe it was directed towards you. We only received the copy. If you wish, I can email a copy of that into the administrator.

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I'm sure it's I'm sure it's in our file. I just wanted to make there is one in there and there's what do you know what the body of the letter said was it in support non non opposition or opposed.

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Mr. Chairman, they said they met with the Community Action Group, which is the RCO identified,

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but we have that Swampoodle is in opposition to this.

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yeah I'm aware of that I'm just trying to see if we have a letter from the

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councilman's office I'm trying to pull it up now your honor and put it on the

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screen all right you don't if you Tanya is it in our file as long as you

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should be able to see the letter on the screen now okay if you can scroll down

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please so i'm going to slowly there you go non-opposition okay that's what we need to know

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thank you confession thank you mr marcel you're welcome all right okay calendar numbers

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three nine nine oh five and three nine nine oh six two eight oh three dash oh five west

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allegheny avenue my vote is yes my vote is yes my vote is yes my vote is yes thank you

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thank you thank you thank you members of the board

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good luck to you thank you thank you okay let me uh let me sign out

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there we go my vote is yes my vote is yes thank you

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any other cases no other cases

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all right see everybody at two you've got to see you yes chair all right all right be well

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good afternoon everyone my name is frank de chico i'm the chair of the zoning board of adjustment

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And since we do not have any cases, I'm sorry, let me repeat that. All cases on the two o'clock list have had requests for continuances. If anyone who's listening in believes that a case is being continued in error, please raise your hand now. And at the end of my comments, we will patch you in through Ms. Sunken, our board administrator.

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The following are the continuance on the two o'clock list. Calendar number 39999-2646 North 17th Street. Calendar number 39460-327 Tesker Street. Calendar number 39331-3400 North 19th Street.

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Calendar number 39457, 3522 Arthur Street.

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Calendar number 39327, 2744 Latona Street.

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Calendar number 39371, 2709 Allegheny Avenue.

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Those are the cases that have requested continuances.

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again if anyone believes that a case is being continued in error please raise your hand at this

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time you have a mark goodhart you have been capable of speaking you can unmute yourself and

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discuss the continuing mr goodhart please identify yourself spell your name for the record

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and i'll swear you in thank you chairman uh this is uh mark goodhart on behalf of

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the owner of 327 Tasker Street.

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Okay.

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okay

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do you want to proceed with the hearing

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yeah i have my client uh he's actually on the phone with me he's prepared to join the zoom

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but when i heard the announcement of a mass continuance i just told him to

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uh hold off until we heard the reasoning we were not aware uh we certainly didn't request a

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continuance, but I didn't know if it was an administrative issue on your end, which we're

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certainly respectful of. Okay. I'm going to have to interrupt for a moment, Mr. Goodhart. I did

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call your office yesterday. This is Sharon Saleta. I'm the board attorney. I left a message because

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there were documents that had to be submitted five days in advance. I had no record of you

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having submitted them. I checked with the board. They did not have the documents. If they aren't

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submitted five days in advance, you can't go forward with the hearing. Was there some mistake?

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Did you submit the required documents? Would you mind hanging on for one second while I just

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asked my client? I think he heard and he's going to answer in my ear, if you don't mind.

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Thank you. Micah, did you hear the comment?

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i i believe some of the documents were submitted um through the process a while back and i believe

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he was unaware of unaware of resubmitting them due to the zoom format through the specified

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email address so um i believe they went in originally months ago we do not have those

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we don't have anything that went in months ago. That's why under the emergency rules and

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under the instructions that were sent out, you're required to submit them five days in advance. And

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again, I did try to reach you yesterday when we weren't able to find any submission, and I left

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a message, voicemail message with your office. Okay, yeah, we're not there 24-7 like normal,

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but I apologize for not getting the message. Um, okay. So, um, I also think you may have had,

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um, I did not get the email to my law firm address. I believe maybe, uh, you have an

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incorrect email address on file for me. So if there's a way for me to clear that up with you

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directly, that would be great. Um, because I did not get the, the notice with those instructions,

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to my firm address. Did you post the property? We did, yes. Where did you get the posting

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information? It was mailed to my office, and I handed it to my client, and he posted it.

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It had the information on the Zoom hearing being held today, or are you talking about...

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No, that was the Zoom hearing information my client provided me. I understand, but the posting

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would have had to have required it. That's why new information went out. So, you will not be

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able to go forward today. What do you mean by the posting would have required it?

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No, you posted an orange poster that included the information on the prior hearing that was

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scheduled. The most recent posting information would have been emailed to you. You would have

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had to have printed it out yourself and it would have included information on

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today's Zoom hearing and how to connect to it. We did post that as well. I have

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photos of that being posted. Okay but we don't have the required

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documents. Understood. Mr. Goodhart, maybe you can have a conversation with Ms.

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Sunkit about rescheduling and any information that was not

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provided uh she'll be able to instruct you as

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what else you need to do that sounds fine mr chairman we

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apologize it's a rough times things are not the way they normally are as you

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know as you well understand indeed uh miss holkin what's the best

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way for me to reach you during this time

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uh email address that would be wonderful

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okay is there anyone else uh listening in who believes that a continuance was called an error

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i'm sorry would you just mind mind providing the email just so i make sure i have it correctly

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i'll chat it to you thank you so much i appreciate both of your time today

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thank you okay i'll try one more time is there anyone else out there who believes

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a continuance case has been called in error. We have a call-in customer. Call-in user three

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at state. If you wish to request a continuance or discuss a continuance, you're going to meet

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yourself and speak. Hello? Yes. Good afternoon. Can you hear me okay? Yes, please identify yourself.

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how are you i'm well um yes this is uh could you identify me okay

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Would you identify yourself for the record? Spell your name for the stenographer.

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Okay. Adrienne Fernandez, A-D-R-I-E-N-N-E, F-E-R-N-A-N-D-E-Z, Swampoodle Neighborhood Parcels Association, RCL.

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I have a question. I just wanted to know if you can confirm that 2646 North 17th Street and 3400 North 19th Street and 2709 West Allegheny Avenue are all continued to there?

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Give me those addresses again.

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okay the first one um is 26 46 north 17th street that's continued okay um thank you and the second

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one is 2709 west allegheny avenue continued wait i'm not thank you wait wait when is allegheny

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avenue continued i thought that that was the one that was still listed on the 330 list that there

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was a request for continuance but the applicant i believe wishes to go forward so i apologize i have

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it on the two o'clock list that's why i called it out i have it on two o'clock also here and this is

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the case from the um cases that was this morning and this one goes with it right we go forward to

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3 30 with that case i apologize adrian no problem okay can um um just to clarify do i have to be at

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the hearing today at 3 30 for 2709 west allegheny avenue if you wish to testify yes i'm sorry yeah

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i wanted to make sure to make sure with time because i like the chairman i had two o'clock

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for the hearing but you're saying that hearing is today at 3 30 right no it was today at two

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but the request came through the attorney to continue so it's considered continue

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the chair continued it this morning they're all

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continued all the allegheny address cases

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okay so that'll be continued someday that person said later than 90 days or

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something like that

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it'll be continued in the future yes not today okay and then the third one

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thank you and the third one is 3400 north 19th street

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is that one continued yes

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Okay, thank you very much. So Swampoodle RCO and North Central Philadelphia RCO, well, we're going to go off the call for those three. I don't know if they're going to stand for any others. Thank you.

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Thank you.

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Thank you.

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Any other requests? Anyone else believe we may have called a continuance in our, please raise your hand now.

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Frantz-Pierre.

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Yes.

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I'm allowed to speak.

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Frantz-Pierre, can you hear me?

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Yes, I can.

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Frantz-Pierre, good afternoon, Mr. Chairman, and fellow board members, Frantz-Pierre from

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Councilmember Johnson's office, that's F-R-A-N-T-Z, last name Pierre, that's P-I-E-R-R-E.

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i just wanted to confirm if appeal number 39327 was continued yes wonderful thank you

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it's 2744 latona street yes sir all right franz thank you enjoy care be well bye

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you have been unmuted you can go ahead and speak thank you okay i am up here for 3400 north 19th

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Street are you you're here is the case where the case is being continued yes

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sir I just heard that last lady say that could you please give me the date

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miss Sunkett will provide that date to you okay thank you very much thank you

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any other requests anyone believe that a case is was called for a continuance

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error we have a christopher you can unmute yourself and start in a continuance

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thank christopher please identify yourself spell your name for the record

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yes christopher nyenpen last name n-y-e-n-p-a-n and i'm calling in regards to 3522 arthur street

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that case is being continued

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dude okay um i'm actually calling i'm i'm new to all of this i just saw an email coming i

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recently just purchased this property um as a duplex and i i don't i never filled out this

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application so i'm a little confused as to all right no problem when you get you can speak to

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all right no problem when you get you can speak to ms sunkit about that she'll

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Ms. Sunkett about that, Jill.

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she'll give you the right information set you straight okay it is uh-huh i'm sorry christopher

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are you stating that you were prepared to um be heard today is that i'm sorry if i'm prepared to

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are you the applicant for this i i just received the number that this application was filled in

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in my name I didn't fill out this application oh you're the owner I'm the I just bought purchased

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this property in November and someone filled in an application regarding this property other than

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you understood right is this rezoning it from because it is a duplex that's what we bought it

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as is this to rezone it as a something other than the duplex I'm not sure exactly what this

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so what I'm going to do is chat with you my email address and you can send me all your concerns in

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the email and then I'll look into it and discuss it with you further offline. Okay. And your name

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was, how do you spell your name? I'm going to chat it with you. You chat with me. Okay. Thank you.

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Anyone else? That's all I have. Thank you, Tanya. All right. Board members, see it's 3.30.

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will do all right thank you thank you see you prank see you guys all right

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a second sunka do you was i supposed to receive the uh email

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i'm typing it up as we speak so i can chat it with you no problem

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I'm the chair of the zoning board of adjustment we have a quorum I'm officially calling this

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session to order in attendance our board members our vice chair Ms. Carol Tenere

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Mr. Thomas Holloman our board member also our board member Mr. James Snell and Confessor Plaza

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our board secretary as you're probably aware today is our fourth week of holding virtual

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hearings. Also, in addition, we have our city solicitor, Sharon Saleta, and our board

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administrator, Ms. Tanya Sunkett, are also in attendance. While we may have to make some

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adjustments along the way, our plan is to call each case and basically proceed as we would have

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in a live hearing. We ask that attorneys for applicants or other interested parties identify

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themselves for the record when the case you'll be participating in is called. We will then hear

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the appellant's presentation, followed by any presentation by attorneys representing other

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parties. Interested parties and members of the public, not represented by counsel,

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will then be given an opportunity to testify. We will finally hear the recommendation of the

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Planning Commission. At the hearing's conclusion, the board will either vote the matter immediately

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or hold it for discussion in executive session any case held for this discussion will be voted on

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on the record at the next scheduled july 12 i'm sorry august 12th morning session august 12th

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morning session a couple of changes related to the virtual format first we will be administering

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oaths to the individual participants prior to their testimony rather than to the room as a whole

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since we do not have a room. Second, for the benefit of anyone participating by phone,

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we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded.

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We'll also ask those who wish to testify going forward to raise your hand when your case is called.

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I will now turn it over to our Vice Chair Ms. Carol Tenere regarding requests for continuances or withdrawals.

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Are there any requests for continuances or withdrawals?

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Okay, I will read the continuances and after I read them if there are any mistakes, if there's any errors, please let us know

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and that will be corrected by the board administrator Ms. Sunkett. Calendar number

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39888-2016 Master Street. Calendar number 32982-1710 Master Street I think was already

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continued this morning. Calendar number 37803-7356 Frankfurt Avenue. Calendar number 398

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Calendar number 39842, 1227 Adams Avenue, and calendar number 399-09-2736 Federal Street.

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842-1227 Adams Avenue.

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They've reached an agreement and we're able to vote that.

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Okay, before we vote on the Federal Street case, as the Vice Chair mentioned, anyone have any concern about a case that was called up for continuance?

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I believe Attorney Henry Clinton is here to report the progress that was made.

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Okay, but before we get to that, is there anyone, as the Vice Chair mentioned, have any of the continuance cases been called in error?

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And if so, please raise your hand.

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No hands on your chair.

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Thank you, Ms. Sunken.

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All right.

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That dog got a problem with me?

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Not me this time.

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All right.

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we'll call up the first case uh calendar number three nine nine zero nine two seven three six

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federal street mr clinton okay mr clinton you've been promoted to panelists

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Good afternoon, Mr. Chairman, members of the board.

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Henry Clinton here on behalf of the applicant, 2738 Federal LLC, 1313 South 33rd Street,

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Philadelphia PA, 19146.

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By way of background, a week ago, the board heard this case, and one of the sticking points

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