civus
Hearing video

ZBA Hearing - October 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 11, 20235h 37m

to tell the truth, the whole truth, nothing but the truth, sir?

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Yes.

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Okay, proceed, counsel.

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Mr. Smith, you've heard everything that I've said

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so far, right?

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And you've been listening?

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Yes.

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And would you adopt and agree that everything that I've said is truthful

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and is that your testimony as well?

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Yes.

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I just have one.

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The bullet came through the dining room instead of the kitchen.

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The bullet came through the dining room instead of the kitchen?

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Yes, I just went through.

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Oh, thank you.

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Thank you. Thank you. All right. Thank you. All right. All right. Questions from the board? No, Mr. Chairman. No, Chair. Questions or comments from our attorney, Hillary Emerson? No, Mr. Chair. Thank you. Questions or comments from the virtual audience?

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i do not see any hands the chair all right planning commission

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i run bednar city planning the property is currently indicated for residential use on

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the city plan we have no objection to the granting of the requested variance provided

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that rear car access is still fully available is still fully maintained

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did you hear that yes i did and i would just maybe defer that question to the contractor

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because i don't know that that's been brought up before contractor back could he get back

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one or did he leave no i'm here but i did not hear the question okay

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Ron, repeat one more time, Ron.

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So, again, we have no objection to the granting of this variance, provided that rear car access is fully maintained.

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Oh, yeah.

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Yeah.

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The shelter does not extend even to its property line.

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So, there will be no obstruction for traffic, traffic inflow.

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Okay.

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Thank you.

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MI-2022-006-001-5408 Chester Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ismail Shahid, my vote is yes.

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Thank you, counsel.

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Thank you so much. Have a good day.

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Thank you.

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Thank you.

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a second is there anyone in the virtual audience who's who's 9 30 the 9 30 case has not been called

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i do not see any hands mr chair okay thank you everyone see everyone at 2 p.m thank you very much

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good afternoon my name is bill bergman and i will be chairing this afternoon's eba hearings

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with me is our vice chair ismail shaheed who will be late our board member thomas holliman

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president mr chairman our board member james snell president mr chairman also here is hillary

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Emerson, our attorney, and also our executive director, Tanya Sunkett. Here's our virtual

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format. Be advised to proceedings are being recorded. A video will be available by contacting

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A video will be available by contacting tanyasunkett at phil.gov.

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Tanya Sunkett at Philadelphia.

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

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If you're participating by phone and you wish to testify, 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 the address of the property in question.

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And finally, the question-answer box on the screen is not for comments or testimony. All comments should be directed to our Executive Director, Tanya Sunken. Let's look at this afternoon's schedule.

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number eight

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mi 2022 005

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442 3021

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their avenue i understand we have a continuance on this

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jermaine harris please come on

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excuse me chair this is jason and once again i will be your calls for this afternoon

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i do not believe i see mr wait it's an attorney jermaine harris

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okay he's been about to speak okay

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yes good afternoon mr harris could you state your name please and spell for the courts in honor

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good afternoon uh jermaine harris i apologize for my dress um jermaine harris jermaine harris

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for uh 3021 bear avenue that's cp 2022 007616 you do swear a firm to tell the truth the whole truth

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nothing but the truth i do i understand you're looking for a continuance this is the third

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listing. I realized that I just spoke to the son of the applicant, and he tells me that his father

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has been ill for several weeks, and he's not available to participate. Okay, all right. And

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I would just ask, I understand with the understanding, I would just ask one last

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time that this could be, mark, must be tried. Sure, absolutely, sir. So MI 2022-005-442-3021,

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their avenue, this case is continued, mark, must be tried. Thank you for coming on, Mr. Harris.

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Thank you for having me. I appreciate your kindness.

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Is there any other requests for continuances?

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Mr. Chair, I do not see any further hands at this time.

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All right. Thank you. So number nine, MI 2023, 5558 Crowson Street.

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Claiborne Anderson is the listed owner. This is the first listing. We have no exhibits.

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5558 Crowson Street.

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No hands for that case, Mr. Chair. I do not see them in the virtual audience.

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Okay. No hands, right?

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Right. No hands.

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All right. Thank you. So MI-2023-003-244-5558, Crowson Street. That case is continued. Mark must be tried.

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We're going to go to our add-on list first.

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So MI 2022-007-291-430 West Burke Street. The vote on this matter is being postponed until Wednesday, October 25th at 2 p.m.

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The record remains open for the limited purpose of receiving feedback on additional discussions from the applicant, the RCO, and the council office.

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Number two of our add-on list, MI 2023-002-899-1170-90 Surrey Road, I vote yes with proviso.

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This approval is for all uses permitted in the CMX Zoning District, along with a variance for the 2,000-square-foot occupied area limit in Table 14-602-2, Note 5, as applicable.

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The following additional uses are also approved.

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The following additional uses are also approved, prepared food shop, commissaries, catering services, sit down restaurant, along with accessory signage as permitted in the CMX 2 zoning district.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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So let's start with the understanding.

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Mr. Chair, I just wanted to clarify one thing at the beginning.

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I know that was a long proviso.

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I'm just at the beginning that the approvals for all uses in the CMX1 zoning district plus the three additional uses that you mentioned.

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Okay.

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Thank you.

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Here we go here.

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So we're going to go to our regular list and start with number seven.

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MI 2022-004-487-6016 Bingham Street, Stanford Smith is the owner.

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The application is for the legalization of a fence at the front, size, and location as shown in the plans.

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The fence at the front exceeds the maximum height permitted under the zoning code, whereas four foot is allowed and nine foot two inches is proposed.

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There's a letter of opposition from the Long Crest Community Association.

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Mr. Smith.

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They'll be coming back in as a panelist shortly, sir.

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Mr. Smith, please, I'm here, I'm unmuted now.

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Hi. Could you state your name, please? It's spelled for the court stenographer.

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Stanford Smith Jr., S-T-A-N-F-O-R-D, Smith, S-M-I-T-H, J-R.

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

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Yes, I do.

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Mr. Holloman, our board member, has just a few questions for you, sir.

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Okay.

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Good afternoon, sir.

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Did you email all of the exhibits and documents as required five days in advance to this hearing?

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Yes.

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Please proceed and share your screen.

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Okay.

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Can you see my screen?

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I see an email.

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Yeah, that's just a note.

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Okay.

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It must have closed everything.

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I had it up.

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Okay.

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It is.

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This is the internet.

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Okay.

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I'll go to.

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What would you like to say?

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Why don't you first go to photos so we know what we're talking about.

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Okay.

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I'll go to photos.

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And then tell us what you're trying to do.

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This is.

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I guess Zoom closed everything out.

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I did have it open.

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This is the overview.

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Well, the side with the sign, the photo I had to take.

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Right.

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Well, I would like to keep the roll-up gate as my spouse drives the school bus, which is here, and it allows her to get it off street during work hours.

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now the wooden fence as i told the uh inspector in at the meeting was a misunderstanding with

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the uh people who installed the gate so that was only supposed to come up six foot

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and on the left side which i believe i have a picture of the porch right here

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was the only section that should have came up so nobody falls over you know because

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uh my neighbor likes to sit on that rail and six foot will put them right at the top

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So that was a misunderstanding on the gate company that installed the gate, which is right here.

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so that was a misunderstanding on the uh the gate company that

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That's their business card.

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Let's see the roll-up gate. What's the roll-up gate look like?

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This is it, what is up?

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Oh, that's it, Phil, what's up? Okay.

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Yes, with the school bus in there.

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and i'm not sure if i submitted a picture with it down but i can i can actually walk outside

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because i'm at the no that's okay you don't have to do that okay i think i think you showed it

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when it was down before when you yeah when i showed uh yeah this was it wasn't a full-fledged

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and i submitted the uh the engineer letter in right yeah in the in the updated uh drawings

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because i did zone the driveway and then i subbed the gate out for the other company to do

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but the driveway i did myself so the the long crest community association right yes what was

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the vote uh that vote was 40 to 1 that letter was attached as well okay and it was opposed

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only because they wanted more transparency with the wooden gate they actually no the wooden gate

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they wanted more transparency right here with the with the wood okay they said they couldn't see so

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they thought it was a danger okay um okay question questions from the board no mr chairman

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no chair thank you um questions from our attorney hillary emerson

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at this time mr chair um questions or comments from the virtual audience

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i do not see any hands mr chair planning commission

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Thank you, Chair Bergman, Sarah Bond, Philadelphia City Planning Commission, S-A-R-A-H-B-A-N-H.

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

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Yes, I do.

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Please proceed.

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The comprehensive plan recommends no change to the existing residential single-family zoning.

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The proposed variance will not cause detrimental impacts to the neighborhood beyond what might normally be expected.

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City Planning Commission recommends that the zoning board grant the variance.

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mr smith we're going to take this under consideration and we're going to vote on

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this next week at 2 p.m on wednesday okay okay yeah we're just going to we're going to sit in

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an executive session and talk about it a little bit more okay okay no problem and do i definitely

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have we'll have a vote we'll have a vote for you next uh wednesday at two o'clock okay do i have

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to attend that or that is just coming you don't have to come on you can you can come and listen

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okay okay yeah all right thank you thank you i appreciate it

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okay we're going to go to number one

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mi 2023 000 358 1845 to 47 east letterly street alan knockamson is the attorney

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WE HAVE A LETTER OF OPPOSITION FOR THE EAST KENSINGAN NEIGHBORS ASSOCIATION BASED ON THE

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ORIGINAL EIGHT UNIT PLAN AND A LETTER OF OPPOSITION FROM COUNCIL MEMBERS SCHOOLA.

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MR. NOTCOMESON IS BACK AS A PANELIST.

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MR. CHAIR MEMBERS OF THE BOARD, ALLAN NOTCOMESON, A-L-A-N, LAST NAME NOTCOMESON,

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N-O-C-H-U-M-S-O-N.

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You swear a firm 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 this property?

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Yes, my client is the property owner, San San Development LLC, and in the virtual audience

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is one of its members, Michael Ollidot.

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And Mr. Holliman has just a few questions for you, sir.

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Okay.

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Good afternoon, Council. Do you agree to waive the reading of the refusal and stipulate

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to his accuracy? I do. Did you email all of the exhibits and documents as required

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five days in advance to this hearing? Yes, we have. Please proceed and share your screen.

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Thank you.

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So, I'm here to present 1845-47 East Larley Street.

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This is a property located in the East Kensington neighborhood of Philadelphia.

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First, we'll review the notice of refusal for this property.

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I'll note that this is a double-wide property in a neighborhood with diverse zoning.

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So we're an RSA 5 property, but this multifamily use is not out of character with the neighborhood.

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And given the size of the property, this is a property which should have some type of multifamily use.

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