civus
Hearing video

ZBA Hearing - November 3, 2020

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

Correct.

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You've heard my testimony today with respect to this property?

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Correct, yes.

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Is there anything you'd like to add at this time?

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Not at the moment, no.

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Okay, and my testimony has otherwise been true and accurate to the best of your knowledge?

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Yes, that is correct.

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And you adopted as your own today?

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Yes, I do.

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Thank you.

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Members of the board, we're happy to entertain any questions you may have at this time.

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Thank you.

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Any questions from the board?

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No.

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no no would anyone else like to testify if so please raise your hand

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no hand thank you planning commission good morning david effecto city planning commission

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mr chairman and members of the board this property is indicated for residential single

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family use in the city's comprehensive plan we do not believe that an additional unit

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will have an adverse impact on this block.

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Accordingly, we have no objection to granting this variance.

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Thank you.

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Thank you. MI 2020, that's 0003072125 North 20th Street. My vote is yes.

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MI 2020, that's 000307.

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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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All right. Thank you, man.

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Next one up is MI.

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Excuse me one minute. Leo.

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Yes.

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I figured today being election day, we would come out with something like, you know, Uncle Sam or something like that.

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I was waiting for this moment.

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you know chairman i i considered it for a moment um but with things the way they are today i decided

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to just lay low for today probably going a little wild in october probably doing the right thing

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take care i feel a little let down though because that's all i look forward to just wait till next

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year all right god willing take care uh mi 2020-000297-2212 north marshall street

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here i'm promoting attorney's engine

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good morning mr jen you know the drill please identify yourself with the record and i'll swear

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you in good morning zen jen z-h-e-n last name j-i-n 1617 john f kennedy boulevard suite 1838

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philadelphia pa 19103 here on behalf of the applicant and they swear and affirm to tell the

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truth? The whole truth and nothing but the truth? I do. Thank you. Please proceed. Do you agree to

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wait the reading of its refusal and stipulate to its accuracy? I do. Also, have you emailed an

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exhibit packet with the required documents, proof of ownership, proof of tax compliance,

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copy of the refusal or referral, photos and plans five days prior to this hearing? I have. Also,

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have you met with the RCO and have a letter? Yes, we do. We have met with the RCO. We do have a

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letter. As a preliminary matter, I just spoke with Ms. Jones from the Council President's

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office this morning. She wanted to follow up with the local ward leaders for some additional

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information, so she did ask that we have the case held for two weeks, if possible, after

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the presentation. Thank you. Please proceed. Thank you. I'm going to go ahead and share

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my screen with the board with the information that we have submitted, including refusal,

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community letter from APM, notice and proof of mailing and notification, photos, plans,

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tax clearance, deed, copy of the appeal, PIF, as well as the calendar of this hearing.

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The refusal for this matter is purely based on the zoning district of CMX2.

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my client would like to request a variance to permit him to build a three-family dwelling,

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which actually is essentially replacing the ground floor commercial unit with a residential unit.

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The reason we asked for this is because while Germantown Avenue, which meets up at the end of

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the block with North Marshall Street at this area, Germantown Avenue is a commercial corridor,

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but my client's location on Marshall Street is not quite in that corridor. It's a little bit

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off to the side and it's further down the block. I will show the photographs to better

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explain the situation. As far as the RCO meeting, we have just APM's one member that was present.

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Even though we did the notifications and we asked the community to appear, no one did appear at the

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meeting. This is why the council president's office would like to do some additional due

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diligence, and I agreed to ask for a two-week extension based on that request. We just got

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the request this morning, which is why I did not let the board know of this ahead of time.

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So the location here, as you can see from this aerial photo, Germantown Avenue, which is a

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commercial corridor, but even in this area, the commercial corridor isn't as heavily used.

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What we have are actually lots that are across North Marshall Street, and what we're abutting

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to for the most part, except for up here, which is a currently, I'm not sure it's even

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being used.

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It is a multifamily plus what looks like a garage and maybe some commercial use.

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This is the church, and all the rest around here are essentially RM1 multifamily uses.

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So we're kind of surrounded by more multifamily use and not quite as much for commercial uses.

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So we do have a vacant lot, but as you can see, all the new development that is going on behind us, further down the street, in the next block, everything is actually...

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Further down the street, in the next block, everything is actually residential.

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There's just not a lot of commercial activity going on on North Marshall Street in this area, one block away up and down the block.

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So this is the corner building that actually is right near the intersection between Germantown and North Marshall itself.

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we are also on the back side of the germantown commercial buildings none of their commercial

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building including this church actually faces marshall we only got the back side of their

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buildings facing us so on our side where the lots are we really don't have a ready

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situation where a commercial space would get traffic and that is part of the reason why my

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client asks for a residential use from a design standpoint we are proposing a three-story structure

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and again we're not asking for any height beyond what is normally permitted actually the proposed

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height is actually lower to kind of keep it more consistent with buildings further down the block

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and also on the other side behind us. So the structure itself is three stories. It is designed

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let me go to the floor plans for the board so I can explain each floor clearly. So it's designed

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as a bi-level on the first floor and then two units above. Again, the two units above would

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been by right given the district if we had a commercial space on the first floor. This is not

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a very large lot so the proposal is for basically one bedroom units on each floor. The bi-level unit

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if the layout can be adjusted potentially could be a two bedroom but my client would rather leave

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the family area open for home office where those kind of use and then just make it a

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one bedroom unit as the proposal. This is the plan we presented to the community. We

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explained to them that again the development here is purely residential because again on

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that block there are just no currently from our perspective really viable commercial uses

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and the addition of residents would only help the existing corridor of germantown which has some

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struggling commercial uses and we think the addition of the residents would only help so

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that is why my client has asked for a pure residential design from a trash storage standpoint

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we have trash storage for the first floor in the back the second floor we actually built an out

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rear enclosure outdoor space for temporary trash storage. And for the third floor, we have a roof

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deck, very small roof deck area specifically for trash storage as well, pending actual pickup

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by the trash pickup during the week. So each of the unit has their own trash

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storage area available to them. These are contemplated to be condorized, but

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But obviously, if the condo process is not viable, we would still be renting the space

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as well. So that's one or the other would be the likely end result. I'm happy to answer

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any questions from the board. Thank you. Questions from the board? No.

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No, no, no.

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Anyone else like to testify in this case?

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If so, please raise your hand.

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I believe my client is here, Mr. Joseph Gitterman.

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Gitterman, please raise your hand.

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Mr. Gitterman, you've been unmuted.

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You can wait to be sworn in.

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Yes, how are you?

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Good morning, everybody.

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My name is Joseph Gitterman.

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I'm the owner of 2212 North Marshall Street.

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Mr. Gitterman, if you can hear me, would you please spell your first and last name?

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My first name is Joseph J-O-S-E-P-H, and the last name is Gitterman, G-I-T-E-R-M-I-M.

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Do you swear and 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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Thank you.

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Mr. Gitterman, you heard my testimony and presentation to the zoning board this morning.

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Can you verify that the facts as I presented are true and correct and adopted as your own?

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Yes.

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Thank you.

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um mr chairman again as i indicated earlier the council president's office did ask that the case

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Mr. Chairman, again, as I indicated earlier, the council...

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for two weeks okay uh just let me ask any questions from the board i think i've asked

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i'll ask again no no thank you planning commission

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good morning david effecto city planning commission mr chairman and members of the

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board this property is indicated for commercial and residential mixed use in the city's comprehensive

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plan the zoning in this neighborhood dates back to 1933 we have not received a request to change

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the zoning maps we believe that during a rezoning this property would likely change to a residential

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zoning category accordingly we have no objection to granting this variance thank you mi2020-000297

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2212 North

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Marshall. This hearing

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will be resumed on. We have

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a date, Tanya.

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If I

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may suggest, I am actually coming

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back before the board

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on November 17th for

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a attached property to this

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one, also on Marshall Street, for this

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client. So that would probably

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make things easier if we can put it on the same

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date.

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Works for me, Chair.

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All right. What date is that again? The 17th?

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17th at 9 30 at 9 30 and mr jinn that'll be great thank you okay excuse me this is this is

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sharon seleta mr jinn can you remind me you're coming back to present feedback from the councilman

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or the board leaders council uh the council president will be forwarding some kind of

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update for us on this based on his conversation i assume with the rco

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Based on his conversation with the RCOs in the area, correct.

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It's only because we had only one D at the RCO meeting.

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All right.

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So, again, MI 2020-000297-2212 North Marshall.

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This hearing will be resumed on November the 17th at 9.38 a.m.,

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at which time we will consider any feedback related to the RCOs

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and the Council President Clark's office.

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Thank you.

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Okay, next one up is MI 2020-001566, 2240 North 2nd Street.

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Chair, I promoted Alan Nakamson.

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good morning mr chair members of the board good morning mr knockamson please identify yourself

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for the record oh yes alan knockamson of knockamson pc 123 south broad street suite 1600

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philadelphia pa 19109 you starting to affirm to tell the truth the whole truth for nothing but

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the truth i do do you agree to wait the reading of its 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,

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proof of tax compliance, copy of the refusal or referral photos and plans five days prior

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to this hearing?

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I have.

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Have you met with the RCO and have a letter?

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Yes, we do.

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Thank you.

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Please proceed.

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Excuse me.

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This is Sharon Saleta.

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Can I just advise the board that we have received a letter of non-opposition from Councilwoman

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Sanchez and a letter in support from the RCO.

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Thank you.

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I HANDED YOU PACKING MATERIALS WHICH INCLUDE EIGHT EXHIBITS. THE FIRST EXHIBIT IS THE D-TO

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PROPERTY SHOWING THAT GOLDEN RULE LLC OWNS THE PROPERTY. GOLDEN RULE LLC IS AN ENTITY OWNED

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B2 Properties. I've presented many zoning matters in front of this board with regards to B2

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Properties. Just a little background. B2 Properties is one of the largest residential home builders

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in the City of Philadelphia. They build and sell in excess of 100 units a year.

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They are well regarded in the area as well. The last two years the Philadelphia Inquirer

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has recognized them as developer of the year, so not only do they have the volume in providing

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jobs in the city of Philadelphia and homes for homeowners within the city of Philadelphia,

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they also are well regarded as well. Second exhibit is the notice or the certificate of tax

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clearance showing that B2 properties is a good standing with the property. Exhibit three is the

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Exhibit 3 is the Notice of Refusal. So I've been here on several occasions over the last few months in this part of town. This is 2240 North 2nd Street. It's a north square section of the city of Philadelphia.

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notice of refusal. So I've been here on

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and this is an ever developing part of the city we've done numerous projects v2 properties and

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myself in my office have done projects on this particular street of north second street and

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what we're hearing from the community is that you know even though this is a cmx2 portion of the

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neighborhood they want all residential here because they want to support and nurture their

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commercial corridor on north front street so over the last several months i've been here for 2262

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which is on this block 2250 2529 and 2531 north 2nd street all exact same situations where we

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had a cmx2 property where we're allowed three units as of right we just want to swap out the

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