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Hearing video

ZBA Hearing - November 3, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20206h 16m

members of the board, Steve Masters from the law firm of JustLaws.

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Are you swearing for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Do you agree to waive the reading of his refusal and stipulate to its accuracy?

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Yes, I do.

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Also, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal,

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or referral, photos and plans five days prior to this hearing?

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I have.

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Also, have you met with the RCO and have a letter?

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We do.

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Thank you.

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Please proceed.

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Mr. Masters, as you know, we're running late, so I'm not trying to minimize your testimony,

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but there's no opposition from the RCO.

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Is that correct?

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That's correct, Mr. Chairman.

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I can be very brief.

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I appreciate that.

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This is a single-family home, new construction.

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The hardship here is that our lot is only 319 square feet.

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feet, so we can't meet the dimensional requirements of the open space and the rear yard.

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There was an additional refusal for the setback of the roof deck, but in fact our plans show

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that we do meet the five feet setback from the roof deck.

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So in terms of the variances, we have a hardship for the number two and number three that I'm

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showing.

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We met and had a great meeting with the RCO, Bella Vista Neighborhood Association, and they

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requested that we revise our plans to meet certain style and dimensional requirements and harmonize

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our construction with the rest of the block. The proviso plans that we're submitting today

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have five basic changes. We reduced the depth of our bay window to be similar to the bay windows

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on the block. We rotated our front steps and we removed a landing. The front door swings in now.

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We clarified that our roof deck setback was according to the code and we indicated on our

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revised plans where the trash storage would be in the basement. We submitted revised plans to

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the council for the board with along with our form and these plans with red

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little bubbles show the the the different corrections so the changes that we've made

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to the plans and I'm I don't know if the board would like to look at the plans in any

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detail, we'd be happy to show you those, or I could ask the owner, Mr. Mello, to adopt my

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testimony. Before you do that, how many pages? One page? Two pages. Two pages? Okay, thank you.

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One page?

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Two pages.

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Two pages?

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Okay.

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Thank you.

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You can bring your witness.

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You can bring your client on, please.

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Okay, sure.

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Mr. Mello, can you raise your hand so you can be brought into the hearing?

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your heat is available to be sworn in

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good afternoon sir please identify yourself with the records by your full name steve mellow

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last name is spelled m-e-l-l-o we're in firm to tell the truth the whole truth nothing but the

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truth yes thank you mr masters sure um mr maldo you've heard um my testimony this afternoon on

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this um on this project do you um agree with uh the truthfulness of it and adopt it as your own

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yes thank you um one last thing mr chairman um we have an issue with the tax clearance

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um there is no actual um problem with the taxes on this property but apparently the revenue

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department hasn't associated the social security numbers of the two individual owners with the

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property so we are don't have a tax clearance for you today but we mr masters excuse me this

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chair all that we need is the printout from the revenue department on this property

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oh i mean that there's no taxes due yes yes oh okay we can definitely provide that for you

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okay thank you let's send that over appreciate it uh any questions from the board no no no

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anyone else would like to testify in this case if so please raise your hand

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no hands thank you planning commission

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good afternoon board peter bernard for the planning commission

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this property is indicated for single family residential use in the comprehensive plan

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the proposal is largely consistent with the comprehensive plan and adjacent properties

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accordingly we have no objection to the granting of the variance thank you mi 2020-001561

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905 south shell street my vote is yes with proviso revised plan two pages approved today

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yes sir proviso yes with proviso yes with proviso

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next one up mi 2020-000316 44 1 44 16 germantown avenue

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This is Sharon Saleta. We have a request from Councilwoman Bass for a continuance. Also,

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I have no exhibits. Okay, anyone object to the request for a continuance?

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You're going to get continued either way because we don't have any documentation.

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So MI 2020. Yes. No hands at this time. Thank you. MI 2020-000316

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4416 germantown avenue is continued next one up and my 2020 dash zero zero one five one two four

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eleven west eason street that's using h-e-w-s-o-n um the attorney is alan knockamson we have a letter

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of opposition from councilwoman sanchez

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sir knockinson

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good afternoon mr chair

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you were still on earth from this morning thank you please identify yourself

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alan knockinson knockinson pc 123 south broad street suite 1600 philadelphia pa 19109

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sir knockinson you agree to wait to read in of his refusal and stipulate to its accuracy

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I do.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copied the refusal or referral, photos and plans five days prior to this hearing?

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I have.

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Also, have you met with the RCO and have a letter?

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Yes.

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Thank you. Please proceed.

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Yes. Good afternoon, Mr. Chair, members of the board.

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Again, my name is Alan Ockamson.

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I'm here to present 411 West Houston Street.

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Street. It's not uncommon for this part of town, Norris Square, to have a request of

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this sort. We met with the Norris Square Community Alliance and this is not the first time that

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we've been in front of this board, even on the 400 block of West Houston Street. Before

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I begin my presentation, I want to show you some of the documents which are in front of

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uh which are in front of you let me just share my screen

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Let me just share my screen.

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screen mode all right so i handed you a packet of um exhibits which include eight the first is

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the deeds of property showing 411 west houston street llc is the owner of the property uh the

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second exhibit is the tax certificate of tax compliance showing that uh they um are in good

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standing. Here are proof of payments of those checks for the balances due under the real estate

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taxes. My client recently purchased this property, which is a vacant lot, and is looking to develop

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it into a three-unit condominium building. This is an RSA-5 property. We're not seeking any

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dimensional variances. The only variance we're seeking on this lot, which is over almost 1,200

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square feet is to convert it into a three-unit condominium building. I would point your direction

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or your attention to this. These are recently granted variances surrounding 411 West Houston

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Street. And I have been a part of the last two of these. So 409 West Houston Street, this board

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granted in July of 2020. In 1917 North Lawrence Street this board granted actually almost a year

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ago today November 6th of 2019. If you look at the square footage of our lot which is 1260 square

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feet and we're asking for three units and you compare it to the lot size and the units for the

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surrounding properties including 409 West Houston Street we fall in line with what has been

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previously approved by this board, been recommended by the Planning Commission, and actually has

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been supported by this community. Here's our application for appeal for 411 West Houston

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Street along with the notice of refusal and the project information form. Here's where we are in

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proximity to Norris Square. Here's 411. Here's 409. Again, this board is smaller lots per square

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foot approved a variance right here and further up is where they approved right here, 1917

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North Lawrence Street. So right here and right here they approved it. Again, here's our vacant

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lot from different angles in the neighborhood. And here's our architectural plans. Again,

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Again, it would be similar, exactly the same as 409 West Houston Street, brick facade, modern feel and touch.

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Again, it's a three-unit condominium building with no dimensional variances.

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You know, you walk into an open floor plan, which has a first floor and a lower level.

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Second floor would be its own unit, and then the third floor would be its own unit.

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And I would just point to the fact that there is a letter of opposition, but it has nothing to do about any zoning-related issues.

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They had no objection to the fact that this would be multifamily, similar to what I presented earlier today with V2 Properties regarding 2240 North 2nd Street.

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For whatever reason, during this meeting, the talk was all about providing jobs to local residents.

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And just like V2 Properties, this client had no issue.

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They actually, it's funny, V2 Properties contractor, general contractor, and the owner's contractor for this property are the same general contractor.

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And similar to testimony that you heard earlier today from B2 Properties, they use contractors that are actually situated in the Norris Square area.

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So I don't know where the disconnect was in terms of whether we're going to hire locally, but this owner at 409 West Houston Street intends to hire locally, just like he hired locally for the other Houston Street property.

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And if you can see that just last year for 409 West Houston Street, they were in support

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of this project, 10 to 3.

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And they were in support of North Lawrence Street as well.

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And here's a copy of the Wren notice to the community regarding this meeting and proof

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of mailing.

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so again just to reiterate this board this the planning commission in this community has previously

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supported projects within the vicinity i don't understand and it was a close vote it wasn't that

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off although 40 people attended only 14 people voted

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five in support and nine opposed but given the past history of this board

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five in support and nine opposed but given the past history of this board the planning commission

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in this community um and and the fact that there weren't zoning related issues that were discussing

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the reason why they're against it which are not even accurate we would request that the zone we

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would respectfully request that the zoning board grant this variance now with me i have keith

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alias from the uh ownership group keith can you virtually raise your hand

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Pete, and when you get on, please spell your full name, first and last name, and then I'll

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swear you in.

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Sure, he's available.

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Good afternoon, sir. Please identify yourself. Spell your first and last name.

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Keith, are you there?

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So actually, my client just, you heard a ring of my phone in my office. He's having problems, like, actually.

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Not to interrupt you, but we'll stipulate you being an officer of court that your client would adopt your testimony.

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That is correct, Mr. Chair.

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Thank you.

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uh questions from the board no no uh anyone else would like to testify in this case if so please

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raise your hand no hands thank you planning commission good afternoon board this property

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is indicated for single family residential in the comprehensive plan the applicant is requesting

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in variances that may be eliminated

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if the number of requested units be reduced.

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Additionally, we do not feel vacant land

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represents a hardship.

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Accordingly, we object to the granting of the variance.

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Thank you.

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If I could...

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Yes.

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I'm sorry, if I could ask that the Planning Commission,

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please state your name and your department

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before you give your recommendation.

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I appreciate that.

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Sorry about that.

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That was Peter Bernard from Planning.

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Peter Bernard from Planning Commission.

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Thank you, Tanya. Mr. Notkinson, in the prior hearings, I think 409, I think you said, was approved and supported by the community. Do you know what the Planning Commission position in those cases were?

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I don't want to state. I don't remember. I don't remember. I do believe I thought they recommended, but I don't want to state. It's something I don't remember 100%.

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You don't know, you don't know. That's fine.

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Because I'm looking at this list again of the number of multifamilies in and around this site.

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Okay. MI 2020-001512, 411 West Houston Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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My vote is yes.

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Thank you. MI 2020-000303, 3643 North 19th Street.

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Chair, I'm promoting attorney Leo Movahill.

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good afternoon mr mulvihill you're still under oath from earlier today

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please identify yourself for the record yes good afternoon chairman members of the board

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leo mulvihill 2424 east york street street 111 philadelphia 19125 here today on behalf of the

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owner and applicant for the property at 3643 york 19th excuse me mr mulvihill this is sharon

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so that i have to let the board know that we do have a continuance request from

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councilwoman bass yes and i'm going to address that momentarily so members of the board we

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appeared at a required community meeting um so i'm going to ask the board to hear and hold

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this today the issue is this we sent out our notices we had a meeting scheduled for october

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29th at 5 30 p.m i appeared all in all um there were maybe two people in attendance other than

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board members. The chairman of the RCO, Mr. Karn, indicated that Ms. Bass's office, or perhaps the

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RCO itself, requires a minimum of 10 people to hold a meeting. So we appeared and did our best.

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We were told to come back. I would nevertheless like to present, hold the vote, and then allow

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for community feedback whenever we are scheduled again. Fine, continue please. Thank you. So members

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Fine. Continue please. Thank you. So members of the board, we're actually coming back.

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of the board, we're actually coming back. Here, you agree to win.

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You agree to wait to reading of his refusal and stipulate to attackers?

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It's a referral in this instance, but yes, otherwise I do.

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Okay. Thank you. Also, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the referral,

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photos and plans five days prior to this hearing? Yes. Thank you. Please proceed.

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