civus
Hearing video

ZBA Hearing - November 3, 2020

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

little bit larger that would be helpful. So utilities first floor

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you want me to go through the drawing

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i can't hear yes yes please all right i'm sorry now the basement is existing basement

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uh it's going to keep it as utilities there's no living space in the basement

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then when you come in um you go either go upstairs to the second unit or you turn and you go to the

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first unit, and the first unit has a living, kitchen, got the bathroom, you got two bedrooms

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in the back. If you go upstairs, you go to the second unit, the second unit has a bedroom

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in the front, you walk into the living, there's a kitchen, there's a bath, and then there's

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another bedroom in the rear. And if you keep going upstairs, you get to the third unit,

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the third unit has a bedroom in the front, a bedroom in the back, in the middle you have

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the living, your bath, and your kitchen space.

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What we're doing is,

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you see that the existing basement footprint,

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we're not increasing the footprint,

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we're just adding the third floor.

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And in the back, there's a masonry one story structure,

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and we add two additional stories on top of that.

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Hold on, we have elevation,

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and this is the elevation.

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Let me see, let me make it bigger.

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As you can see from the site plan, the first floor extends all the way back, and then on

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the second floor, there's an existing bay which will be removed, and in the second and

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third floor will be extended to fit this existing footprint of the building.

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The refusal is because we had, for this one, you need two additional parking spaces,

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which we can't provide for the two additional units.

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And the rear yard is too small, but we're just matching the existing emissary structure

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that's in the back.

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We're just going to add in the two stories.

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And, of course, the multifamily is not zoned for multifamily.

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This is Sharon Saleta. If I can interrupt for one moment to let you know that Councilwoman

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Gauthier sent in an email supporting the project with a proviso that the front

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edition have a brick veneer, however that the proviso really wouldn't be enforceable by LNI.

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the proviso really wouldn't be enforceable by L&I. Thank you.

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Okay. Questions from the board? No.

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Anyone would like to testify in this case, please raise your hand.

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no hand planning commission good morning david fecto city planning commission mr chairman and

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members of the board this property is indicated for residential single-family use in the city's

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comprehensive plan it is zoned that way because it's part of a row of other single-family homes

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however there are also multi-family rows on the block accordingly we have no objection to granting

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these variances thank you um i would like to close the record on this and the board will resume

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uh render a decision at our next wednesday's executive session okay okay next one up hold on

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Let me just read that in, Confessor, MI 2020-000325, 944 Belmont Avenue.

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The record is closed.

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The board will render a decision at its next Wednesday's executive session, November the 10th at 9.30 a.m.

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Chair, this is Sharon Saleta.

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Just to clarify, it will be discussed at the executive session and voted at the 9.30.

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I always forget.

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Thank you.

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I'm sorry. Could I also interject? So November next week, we are not open. So it will have to be Tuesday. If you wish, we can have the executive session Tuesday.

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that'll work okay all right so this this then we'll the record is closed on this case and it

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will uh the board will render a decision that uh next tuesday the 9th of november at 9 30 at

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in the executive session and vote on it at 9 30. so okay thanks should we come next tuesday

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yes we will make a decision next tuesday morning no should i attend the the meeting

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should i come and it's up to you it's your decision okay sure and

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thank you thank you i'm sorry mr saeed if you have questions you can contact the zoning board okay

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we're back on number 15 mi 2020-000-323-6644 holland street

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and this is sharon saletta miss sunka did you receive the emails that i forwarded

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yes okay and can i also say that um

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um the hillary emerson is here she let me know that she did attend the um the rco meeting that

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the vote was in opposition but she would prefer that you wait for a letter um there may also be

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neighbors here to testify i'm sorry are you suggesting we we hold this um i'm saying no

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I'm saying that there was an RCO meeting they took a vote they did not submit a letter or I

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don't have a copy of the letter Ms. Emerson is requesting that you yes that you hold the vote

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until you receive the letter that the applicant come back and present the letter okay all right

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but we'll hear the case and hold right yes okay thank you Mr. Cassells

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and or Mr. Johnson could you share the your exhibits

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I think that maybe I'm confused I think Omar is alone Mr. Johnson was a different case

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yes Omar sorry I'm alone you're right Mr. Johnson was a previous case you're right sorry

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and then I can share what I have let me know if you see it

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We have some visuals.

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Some visuals.

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Thank you.

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We have like a collage of 9 or 10 or 12, is it?

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And then that's it.

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let me get those exhibits up

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Tanya are you controlling the exhibits

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yes chair what is it that you want to see are you controlling the exhibits

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yes okay i i guess you see what we see you see like 12 small shots snapshots okay that's all we have

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uh the plan is in the pdf folder sir for the layout is in the pdf folder okay

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It's on page 15.

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The plan is on page 15.

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does it come up for you guys we have the application okay yeah the plan for it is on

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page 15 okay we need to see the right i just right um and chair do you see everything that's

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coming up yes moving along yep all righty

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it's here is that what you need uh yeah i guess could you shrink that a little bit

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how about that a little bit more shrink that that's better i think

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uh we're still missing i think if you go down one more we might be able to get it all

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that that just scroll that up a tiny bit now we're missing it which are you looking for this

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Yeah, I'm looking for that.

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Yeah.

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The layout, sure.

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And maybe, Mr. Cassell,

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you can walk us through this.

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What we're looking at now,

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what floor is that?

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This is the basement, sir.

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Do you have another device on?

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If so, would you please shut it?

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Because we're getting feedback.

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No, I don't have another device on, sir.

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Getting some feedback.

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It sounds like it's connection issues.

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I'm sorry.

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I don't have a...

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Try this again, Mr. Cassell.

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Is this the basement level?

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Yes, sir.

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Yes.

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That's the basement level, sir.

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that's what is currently there what is it now single family

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no it's current it's currently a duplex it is two floors first floor and second floor

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yes first floor and second floor each occupy one unit yes sir so your proposal is to add

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an additional unit into the in the basement yes sir is the two unit currently a legal is it legal

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two unit currently a legal is it legal yes sir yes sir they're currently legal because i bought

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yes sir

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the building as a duplex okay all right just want to make sure of that okay all right um

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questions from the board do you have do you have more drawings is you only have one floor

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This is not the basement. The only job drawing is for the basement.

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Can you go back to the drawing? Thank you.

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The basement is a one-bedroom studio apartment?

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It's just a studio apartment, sir.

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Yes, sir.

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Okay, thank you.

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Okay.

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Any other questions from the board?

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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Here we have Hillary from the council person's office.

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Thank you.

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Good morning, Hillary. Please, Ms. Emerson, please identify yourself for the record, then I'll swear you in.

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Good morning, Mr. Chair, members of the board, Hillary Emerson, H-I-L-A-R-Y-E-M-E-R-F-O-N, on behalf of Councilwoman Sherelle Parker.

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I swear and affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you. Please proceed.

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okay um excuse me um the the councilwoman um is opposed to adding a unit um in the basement

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of this property um it was um as mr cassells indicated um it was built um as a duplex um

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the the street hall of street is mainly single family homes with a with duplexes on the corner

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because i don't want to mess up the zoning that's there um because the records like i said do

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indicate that the property was built as a duplex rental licenses have been issued for two units

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so i don't know if this this a decision in an adverse decision in this case would mess up to

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uh because it just uh multi-family on here so and the zoning is single family so i just didn't want

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to mess anything that you know the existing um property um zoning up um so it may it may be that

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one of those situations where it would need to be maximum but sharon if sharon could weigh in on that

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that would be great um yes if there's a concern that the two family was never legalized um the

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alternative would be to grant with the proviso limiting the number of units thank you okay thank

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you uh anyone else no no hands at this time thank you planning commission good morning city planning

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commission de facto mr chairman and members of the board this property is indicated for single

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family residential use in the city's comprehensive plan we do not believe that any unique physical

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circumstances or conditions exist that would justify a hardship. We believe this property

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can be used in conformance with the zoning code. Accordingly, we recommend these variances not be

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granted. Thank you. MI 2020-000323, 6644 Hollis Street. My vote is no, and also, correct me if

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I'm wrong, Sharon, out of proviso, this property be limited to two units, no residential unit in

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basement no it would either have to be a straight no or it would be yes with maximum two units

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well okay then we'll do it uh my vote will be yes with the proviso maximum two units

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no residential unit in basement correct yes with proviso yes with proviso

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thank you does that conclude this morning's session so it does

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I'm sorry if I could mention that you have one very complicated case this afternoon that I will

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be emailing you about if you could check your email before the two o'clock session please

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okay thank you uh any unfinished business Tanya no chair okay see you all two o'clock stay safe

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267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email

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address and the address of the property at issue. With that, we can begin, but before we call our

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first case, we'd like to ask if anyone is requesting a continuance or withdrawal of

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an appeal listed for this afternoon's hearing. If so, please raise your hand, wait to be

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recognized, provide us with your name and address, spell your name, and I will then

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swear you in. We have Drew. Drew, you can unmute yourself and wait to be sworn in.

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Yes. Can you hear me? Yes, sir. Please identify yourself, spell your first and last name and give

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your address absolutely mr chico my name is drew middle initial k kapur k-a-p-u-r and i am an

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attorney at the law firm of duane morris and today i represent the applicant is 10 the address excuse

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me is 1026 pine street number five the applicant is christine house let me let me let me just stop

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you i need to just swear you in you swear to the firm to tell the truth the whole truth nothing

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about the truth yes sir i'm sorry to interrupt it finish oh that's okay okay uh my client the

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applicant is christine with the c house h-o-w-z-e sir and that was what street again

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pine street yes sir 1026 pine street this is sharon selena it's number 17 on your list

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and sir you're requesting a continuance we're requesting a continuance we appeared before the

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um the zoning committee last week and the board the zoning board the rco doesn't meet until

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the 10th and we're obviously they're not going to have the it's not ready for today so we would

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like a continuance until the next regularly scheduled meeting after the 10th year okay thank

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Thank you. MI 2020-000301, 1026 Pine Street is continued. Any other requests?

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Frank, what's the page number on that one? 17, last one.

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Thank you.

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here we have stephanie boggs who's ready to be sworn in miss boggs good afternoon please

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identify yourselves by your first and last name and i'll swear you in stephanie boggs

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b-o-g-g-s 1835 market street suite 1400 philadelphia pennsylvania you're on behalf

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of the applicant for 1627 cater street we're confirmed to tell the truth the whole truth and

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nothing but the truth yes i do okay please proceed we um pursue into an agreement with the near

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neighbors we have agreed to make certain changes to our plans which will generate an additional

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refusal so we've requested leave to amend the application which the board kindly granted and

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are currently waiting on our revised refusal from lni so what is the address of that case

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1627 Cater Street and my number nine on our list requesting a continuance correct yes until the

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date when we have our revised refusal all right MI 2020-001452 1627 Cater Street is continued

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you thank you so is i'm sorry uh chair i wanted to just clarify miss boggs is this attorney moving

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party no i expect to receive it in the next couple weeks so if there is availability um in the next

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week couple weeks on the board um that that should be appropriate yeah no we're doing december and

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january yeah i think that would be plenty of time all righty thanks jerry leave it as a continuance

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yes that's fine thank you the other request

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here we have alan knockamson good afternoon mr knockamson please identify yourself with

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the records spell your foot name and i'll swear you in yes alan knockamson of knockamson pc

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123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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