civus
Hearing video

ZBA Hearing - November 3, 2020

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

commercial unit for a residential unit so we can make these into three unit condominium buildings

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And in each instance for 2262, 2531, and 2529 North 2nd Streets, the Planning Commission recommended the approval of these variances, and then this board also voted in favor of similar variances.

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So that's all we're looking to do.

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So in my Packet Materials Exhibit 4, I actually provided the Notices of Refusal for these properties at 2262, 2529, and 2531.

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You'll see the Notice of Refusal, and behind the Notice of Decision granting the variances over the last few months.

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Attaches also Exhibit 5 is the Application for Appeal for this project at 2240 North 2nd Street,

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along with the notice of refusal, as well as the related project information form.

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After that is a zoning map showing that, again, although we're in a CMX2 area, you'll see from

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the photographs, this is a residential block by nature. Exhibit 8 just shows the first page

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is the front facade. Again, V2 properties typically has a brick facade with a modern

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feel to it. In terms of their floor plans, the first unit is a bi-level first floor and lower

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unit. The second unit is on the second floor, and then the third unit is on the third and fourth

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floors. Of particular note, we're not seeking any dimensional variances. The one thing I would say,

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and just to correct the record, because we're about full transparency here,

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We did have a meeting recently with the Norris Square Community Alliance.

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So more people did vote against this project than for this project.

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So I just wanted to correct the record for that purposes.

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I don't, you know, so this is the letter we got.

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They may have changed their mind after the fact.

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But again, if you look at the letter, it's all non-zoney related.

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They wanted, you know, the whole discussion had nothing to do with the CMX2 nature of the property.

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It had all to do with like they wanted a community benefits agreement where we would promise a certain amount of jobs towards this project and other projects.

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We had no issue with that, actually. We were in support of, you know, supporting the community. Right.

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It's a two way street. I don't know where the disconnect was.

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I tried to reach out to the representative from the community group and she stated this is, you know,

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their vote based on the fact that we declined to provide local, you know, jobs to local

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residents, which is not correct. So I just want to correct the record in that respect.

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But as you can see, I also provided the letters from the Norris Square Community Alliance

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for all these other projects where they did support these projects and where the planning

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commission did recommend for the grantee and the variance. Here's 2240, the notice that

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went out to the community, to the 158 addresses, and then the proof of mailing.

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So again, we're looking to make it into a three-unit condo, not increase the amount of

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units, just swapping out the commercial unit with the residential units for the CMX2 property

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with no dimensional variances. With me today is Bill Archer, one of the directors of V2

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properties. Bill, can you virtually raise your hand?

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mr archer when you get on please identify yourself for the record spell your first

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and last name and i'll swear you win you can unmute mr archer yes thank you it's bill archer

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130 clover lane kirk yeomanville pennsylvania 18074 last name is spelled a-r-c-h-e-r

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you swear to firm to tell the truth the whole truth nothing but the truth

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yes I do thank you Mr. Mockinson yes um Bill you heard everything I stated today yes and it's a

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Yes. Bill, you heard everything I stated today.

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Yes.

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And is it true and correct?

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Yes.

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And do you adopt this as your own testimony?

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Yes.

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And does V2 properties employ contractors that are locally situated in the Norris Square area?

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Yes, we do.

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Okay.

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Thank you.

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Questions from the board?

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No.

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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 thank you planning commission good morning david effecto city planning commission mr chairman

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and members of the board this property is indicated for commercial and residential mixed

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use on the city's comprehensive plan the zoning for this block dates back to 1933 we have never

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received a request to rezone it we believe that if the block were rezoned the property would likely

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be indicated for residential use accordingly we have no objection to granting these variances

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thank you mi2020-0015662240 north second street my vote is yes my vote is yes my vote is yes

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my vote is yes thank you next one up is mi 2020-000347 3209 west montgomery avenue

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the attorney is darlene treat

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and I have no hands all right let's move on to the next case in case okay here she is chair

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also we have a letter in support from the RCO on this one

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I have promoted mystery

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Good morning, Ms. Three. Please identify yourself with the records by your first and last name.

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And I'll swear you in.

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Ms. Three, do you want to unmute yourself? There you go.

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Good morning, Commissioners. Darlene Feud on behalf of the applicant,

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Master Street Properties, LLC. My address? Please spell your full name.

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D-A-R-L-E-N-E, last name Threatt, T as in Thomas, H-R-E-A-T-T.

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Do you swear in the term to tell the truth, the whole truth, nothing but the truth?

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I do.

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Mr.

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

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Yes, I do.

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

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Yes, I have. With the exception of I originally submitted a HUD-1, HUD-2 sheet by mistake. I should

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have submitted the deed. Thereafter, I sent the deed to your attention. Okay. Also, have you met

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with the RCO and have a letter? Yes, I have. Thank you. Please proceed. May I share my screen?

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Yes, you may.

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Okay, here is my submission package today.

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It consists of 12 items.

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I will go through them very quickly.

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The first item is a refusal.

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This is a zoning district, RSA5, which does not allow for a two-family dwelling.

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We requested this property for a variance for a two-family dwelling.

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The next document is the petition application for appeal.

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The next document was the settlement sheet.

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I previously submitted the deed, and I'll switch over to that at the end of the presentation.

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It's not attached to this submission.

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This next document is the Certificate of Tax Clearance from Massa Street Properties.

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The next document is the current rental license currently this is being rented out as a one

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The next document is the current...

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unit dwelling.

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The next document is the commercial activity license for master street properties unlimited.

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The next document is just a general property information from the city website.

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The next document is actually from the Zoning Archive, and this is a zoning history of this

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property.

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If you'll see back in 1942, this property was actually used as a three-family dwelling.

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You can see here there were three apartments, and it was actually stamped and illegal use

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back in 1942.

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The next document are the plans.

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We have an elevation here, and here we have the layout of the property.

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The basement will have new use.

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The first floor is a two-bedroom apartment and one-bathroom apartment.

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apartment. It's approximately 750 square feet, which is a very good size. The second apartment

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is actually a four bedroom apartment and two bathrooms and its size is approximately 900

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square feet. Here is a picture of the posting of the property. Here is a nice picture of

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the front facade of the property. You'll see it's consistent with the other properties on the

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block. Also, there are several multi-families. This is a pretty big property. It's approximately

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2,800 square feet, quite large for today's use and well suitable for a two-family dwelling.

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Here is a picture of the backyard of the property.

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Here is a picture of the deck or porch area for the second unit of the property.

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That's just an interior picture of one of the kitchen in the property.

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One of the bedrooms in the property.

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Here is a letter from one of the community residents indicating that the work that Ms.

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Vesco of Mass Street Property does in the community and the help that she's given to

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some of the neighbors in developing their properties.

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And here is a letter from the 32nd Ward.

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There was a community meeting back on September 4th, 2020.

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Ms. Judith Robertson chaired the meeting and they supported the development of this property

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for a two-family dwelling.

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With that, I'm going to try and switch over to the deed that I submitted very recently.

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And here we go.

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This is the deed indicating that Master Street Properties, LLC, is the owner of the property.

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And with that, Commissioners, I'm open to answering any questions that you may have about the renovation.

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Thank you. Do you have a witness?

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Yes. Ms. Vesco of Master Street Properties, LLC, should be on the line this morning.

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Ann, are you on the line?

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you are ma'am when you get on please identify yourself with the record spell your first and

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last name and i'll swear you in no hands are up all right as an officer of court ms three we'll

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uh we'll stipulate to the accuracy of your uh that your client would have adopted your

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testimony as being accurate true true and accurate questions from the board no

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no no hands are up shani no chair thank you planning commission good morning david effecto

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city planning commission mr chairman and members of the board this property is indicated for

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residential single-family use in the city's comprehensive plan we do not believe that adding

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one unit will have an adverse impact on the block accordingly we have no objection to granting this

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variance. Thank you. MI 2020, that's 000347-3209 West Montgomery Avenue. My vote is yes.

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3209 West Montgomery Avenue my vote is yes my vote is yes my vote is yes my vote is yes

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thank you very much commissioners

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next one up is MI 2020-0009674011 Richmond Street

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this is sarin saletta i don't have any record of having received exhibits for this one

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the attorney is ronald patterson

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thank you is mr patterson available all right very good i'm glad that we were able to uh

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Ms. 3, Ms. 3, you need to, okay.

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Anyone from Claire Harrison, if not Mr. Patterson?

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Okay, MI 2020-000967, 4011 Richmond Street is continued.

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The next one up is MI 2020-000299-4363 Main Street.

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This is Sharon Saleta. Again, I have no record of having received exhibits for this.

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Thank you. Is there anyone who wishes to testify in this matter? MI 2020-000299-4363 Main Street.

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If so, please raise your hand.

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no hand thank you this case will be continued okay next one up it's uh mi 2020-000-668-4951

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north fifth street sharon saleta again i have no record of having received exhibits

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Thank you. Is anyone present regarding MI 2020-000668-4951 North 5th Street? If so, please raise your hands.

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I have no hands, Chair. And if I could request to put on record that this be continued and must be heard, this application was received in 2019, November.

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Okay. MI 2020-000668-4951 North 5th Street is continued and must be heard.

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Okay. Next one up is MI 2020-000323-6644 Hollis Street.

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Chair, I'm promoting Omar.

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Omar, you can unmute yourself and wait to be sworn in.

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Good morning, Mr. Caccellus.

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We can't hear you.

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Can't hear you.

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hello good morning good morning mr cassells um please spell your first and last name

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o-m-a-r-c-a-s-s-e-l-l-s your address

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6644 ollie street fredelopea 19138 and you're swearing for him to tell the truth the whole

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truth and nothing but the truth yes yes sir and your interest are you the owner

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Yes, I am the owner of the property, Your Honor.

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

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Yes, I've submitted all of the unnecessary documentation on October 24th.

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

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I've met with the RCO and they told me that they're going to be sending a letter to the committee.

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Thank you. Please proceed.

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yes one minute sir just one minute sharon have we received the letter from the rco

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not that i have a record of but i will double check thank you okay mr cassells please proceed

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yes i'm having technical difficulties sharing the frame of sharing my exhibit okay no problem yes

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sharing my exhibit okay no problem yes but i've actually acquired the property in

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but I've actually

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july 2018

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in july 2018 and upon upon acquiring the property the property actually was zoned for a duplex

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but i would like to definitely um apply for the property to be a tribe a triplex and based on the

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meeting which i have with the roc committee one of their major problem was parking but the property

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at the moment currently has legal parking at the back which can accommodate two cars comfortably

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and i decided that since it can accommodate two cars properly it will be mandatory for the tenant

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for the for the apartment which i'm going to turn into a studio will be definitely parked in that

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HERE. BASED ON THE MEETING THAT I HAVE WITH THE RCO, ALL THE NECESSARY REQUIREMENTS WAS MET AS

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IN SAFETY FOR THE PROPERTY, THE DISPOSAL OF GARBAGE, AND ALSO ALL THE NECESSARY AMETINGS FOR THE

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PROPERTY. HERE, SIR. DO YOU HAVE ANY PLANS YOU CAN SHARE WITH US?

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YEAH, I SUMMITED THAT PLAN, BUT I SAID BEFORE I'M HAVING SOME TECHNICAL DIFFICULTIES

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sharing it at the moment on my screen but i've submitted in my in my in my exhibit

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unfortunately all the board members don't have access to the physical

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paperwork because we were working remotely so it's helpful so sharon i'm sorry chair i don't

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have exhibits i'm wondering if sharon have them i do they were submitted us uh over i think

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one two three four five emails okay shall i forward um i don't know plans photos to you

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tanya sure if the chair wishes i could present yeah i'm very sorry i'm very sorry about that

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about the technical difficulties i'm up i'm very sorry we're working it out sorry about that sir

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Tanya, Chairman, thank you.

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I'm good have you received those in the interest of time could we maybe

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move on and then come back if what does it work though yep sounds good to me why don't we move on

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mr cassells we're going to put you uh a couple of cases back until we can work out the technical

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