civus
Hearing video

ZBA Hearing - August 12, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 12, 20203h 45m

Sure. Hillary Emerson, H-I-L-A-R-Y, Emerson, E-M-E-R-S-O-N. Here on behalf of Councilwoman

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Sherelle Parker.

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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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I do.

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Thank you, Hillary.

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I actually first had a question. The Councilman is not opposed in this matter, but I was a

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bit confused um with the testimony because the refusal notes that the the um single family

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household living is on the second floor but it sounded like there were two floors in a basement

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and the office use was in the basement so um could could um this roach just clarify

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what parts of the building are proposed for the office and what part is for single family living

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of course that's not a problem so yeah if and i won't try to get you back through the

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the um that's fine yeah but um so the second floor would be used for residential

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the main floor would be residential that's where the living room uh kitchen uh laundry room is

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located in the bottom floor which is the basement would be used for business professional okay so

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there so there are three four so the refusal is a little bit incorrect here it looks like

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because it sounds it says the second it says the single family household living on the second floor

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um and it notes it's a two-story dwelling but there's a basement and that's where the use is

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being proposed right um i don't know if that should maybe be specified in the in the decision

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just to clarify since the refusal is incorrect um but as i mentioned um the the councilman's not

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um opposed to the proposal here um this is a commercial use um proposed on a commercial

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corridor caster avenue uh the community was not opposed um there is parking you know on caster

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avenue and um and on the side streets and i believe that this um the proposed use would

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you know require it would have minimal traffic

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Frank you have to unmute yourself anyone else

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Frank, you have to unmute yourself.

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Is there anyone else who wishes to testify in this matter?

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If so, please raise your hand.

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No hands up, Chair.

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Okay.

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Calendar number 391286906.

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I'm sorry, Planning Commission.

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Okay.

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this site is indicated for residential use on the city plan given the property's history

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and the reconfiguration we have no objection to the granting of variance and special exception

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thank you counter number 391286906 caster avenue my vote is yes my vote is yes my vote is yes

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my vote is yes my vote is yes okay does that conclude the 9 30 session it does yes it does

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thank you all right see everyone at uh two o'clock okay you see you guys see you guys bye-bye

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Thank you.

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hi Sharice I'm sorry I didn't speak to you this morning

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oh that's okay how you doing I'm good thank you if you need a minute just chat with um

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me and then I'll make sure that I inform the chair okay thank you so much

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You're welcome.

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Bye-bye.

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Hey, it's 2 o'clock.

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Are we going live yet?

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Yes, we're ready, Chair.

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Okay.

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And then, Tanya, I'll give you a minute or so, correct?

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It looks like everybody's present for the moment.

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Anybody who wishes to get in should already have done so, so you can move forward as you wish.

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Thank you.

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Good afternoon, everyone.

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My name is Frank DiCicco, and I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing, along with Vice Chair Ms. Carol Tenere,

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our Board Secretary, Confessor Plaza, and Board Members Thomas Holloman and James Snell.

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Board Administrator Tanya Sunkit and Attorney Sharon Saleta are also in attendance.

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For those of you who have not yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect.

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First, we'll begin this afternoon's session by reading a list of cases to be continued.

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If you believe any announced case is being continued in error, please, will you please give us the opportunity, we will give you the opportunity to respond.

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I apologize.

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We will give you the opportunity to respond.

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After reading the continuance list and receiving any feedback, we will take any additional continuance requests.

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Then, once we've confirmed which hearings are being continued, Vice Chair Tenere will begin calling the remaining cases listed for this session.

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When a case is called, we ask that attorneys representing applicants or other interested parties in the matter identify themselves for the record.

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We will then hear the appellant's presentation, followed by any presentation by attorneys representing other parties.

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Interested parties and members of the public, not represented by counsel, will then be given an opportunity to testify.

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We will finally hear the recommendation of the Planning Commission.

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At the hearing's conclusion, we will either vote the matter out immediately or hold it for discussion in executive session.

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Any case held for discussion will be voted on at the next scheduled Wednesday morning session.

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Please note the following changes related to the virtual format.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, for the benefit of anyone participating by phone, we ask that attorneys...

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For the benefit of anyone participating by phone, we ask that attorneys and witnesses

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identify themselves prior to speaking or testifying.

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Third, we would like to advise everyone that this proceeding is being recorded and that

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by participating, you acknowledge your agreement to be recorded.

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Fourth, for anyone participating by phone, if you wish to testify, you must raise your

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hand by hitting star nine and then star six to unmute yourself. I will repeat, if you wish to

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testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, to enter an appearance statement, call Google

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pound 267-270-5548. That's pound 267-270-5548 and leave your email address and the address

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of the property at issue. With that being said, we can begin. Before I call the vice chair

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Tenere, before our vice chair calls cases, we'd like to announce that the following matters

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are being continued. Calendar number 37897, 700 East Allegheny Avenue. Calendar number 38501,

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6606 Woodland Avenue. Calendar number 39621 2512 Alder Street is being withdrawn. If anyone

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believes that we have called the case to be continued in error, please raise your hand at

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this time. No chance. Hands are up to you. Thank you. Is there anyone else who's requesting a

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continuance or withdrawal. Please raise your hand at this time.

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No hands are up. Thank you.

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Ms. Tenere, you may proceed. Calendar number

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38800, 755 East Allegheny Avenue.

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The attorney is Robert Cole.

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Again, we would ask, could you raise your hand to identify yourself so we can put you

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in place of the board as a panelist?

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Mr. Cole, you have been promoted to panelists.

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you can unmute yourself to speak, and you can share your screen as you wish.

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Mr. Cole, can you hear me? I can. Please state your name and address for the record and spell

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your last name, please. Yes, my name is Robert. Last name is Cole, C-O-L-E. My office address is

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1301 North 2nd Street, Philadelphia, PA, 19122.

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Two more questions.

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

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I do.

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And do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Thank you.

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You may proceed.

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Thank you.

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I represent Philadelphia Shalom LLC, current owner of 755 East Allegheny Avenue.

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The LLC purchased the property from the original applicant, Kayla Garcia, back in November of 2019.

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By correspondence dated June 30th of this year, I sent by email and requested that Philadelphia Shalom LLC be added as applicant to the current petition.

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Hopefully that has been done to the board's satisfaction.

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Good afternoon, chairman and board members.

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It's been quite some time since I've appeared anywhere.

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So I'm glad to be back. We did upload a week or so ago documentation regarding our request to have 755 East Allegheny Avenue variance permitted for a two-unit rental as opposed to the current RSA 5 one-unit rental.

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in accordance

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In accordance with the request, we did submit the refusal by the Department of Licenses and Inspection, the Project Information Form, an RCO approval letter dated January 24th of this year, Philadelphia Shalom LLC's tax clearance,

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with the request

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we did submit

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a copy of the deed evidencing Philadelphia Shalom LLC's ownership interest in the premises as of

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November of last year. I'm sorry. I'm sorry. Mr. Cole, were you sharing your screen?

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Yeah, I was just going to ask the same question, Mr. Cole.

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Share with me just a moment. I thought I thought I was at the beginning.

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Excuse me. I thought it was just me, but apparently no screen is shown.

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so you might want to come out and go back in because all we see is your zoom oh i see that

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too now

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i don't i don't want to lose you i must i must confess my

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limited knowledge as to using Zim, so if you, I would ask the board members to bear with me

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momentarily. We definitely will. Are we better? Not better. Now, all we see is, okay, I stopped

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your sharing now if you will try again you go in and share hit the share button

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and then go to your actual file okay I show that I am sharing my screen not now

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you are okay now you're good and now go to your file because you keep going to

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the actual internet where your zoom comes up okay i'm sorry forgive me i show that i am screen

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sharing uh you are where are your files on your desktop i'm sorry the files that we uploaded

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the files that you want to share your screen on a screen are they on your desktop because then you

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can minimize what you currently have up so that you can go to your desktop to get the file.

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Oh, I'm sorry. They are. I was, forgive me. We sent them by email a week ago. So I,

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I thought you were referring to me not being visible on the screen. My apologies.

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um we see you we don't see your files i i i understand i i wasn't i wasn't attempting to

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show the files i didn't realize that's that's something i needed to do um forgive me again

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so how i they are on my my desktop so how do i so minimize

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this here particular screen right click on the minus button and then as you go

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to your desktop hopefully oh no correct

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then if you can find it there just open that up and that's what we'll see okay

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Thank you.

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now I have one of the documents open and I apologize they're not in a folder there

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individually because I assume that's how the the board wanted them. I haven't

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opened one particular document the tax certification but I don't I'm afraid I

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don't know how to share it. You're actually sharing it. You're sharing. Okay.

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May I inquire how best I can show the documents that I've just referenced. Would

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you like me just to open them one by one or are there any requests as to the order in which I

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by one, or are there any requests as to the order in which I show the board the documents?

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You can just proceed with your presentation, and whatever documents you have

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that you want to discuss, you can put them up. Now, if you want, I can try to locate the file,

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if you feel better for me to try to share the screen, is your option.

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well i if if i locate them one by one it's going to take some time that i'm sure that the board

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members don't want to afford to me um they're on my desktop um may i inquire does the board

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wish to view any of the particular documents that i've referenced or shall i just

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shall we just i think of floor plans if you have that would be helpful

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photos any photographs you have that would be helpful certainly

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Oh, there you go.

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I found a folder.

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We do have two blueprints.

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Frank may I ask a question yes how long has this property been a two-family dwelling

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my client has indicated when he purchased when when the LLC purchased in

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uh november of 2019 uh it was set up as as the blueprints indicate he hasn't touched the property

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so it is some point before he took ownership his his company took ownership interest in the

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property um i i will say from consultation with the client that there is uh one tenant on the

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first floor only second floor has never been used as a residential tenant unit

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since my client has owned it may I offer the second blueprint that we do have

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Yes, please

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And again, I would state,

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this is the current status of the two units. My client has not performed any

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work and has not had anything done. He took the property as he found it and had

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the blueprints drawn as the property exists today.

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And you've met with the RCO.

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That's correct.

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I will be glad to.

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And I can confirm, this is Sharon's letter.

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I can confirm that we do have a letter from the RCO, a letter in support.

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It is impact RCO.

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Okay.

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hopefully it is on your screen from January 24th of this year there was a

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unanimous approval by the RCO thank you thank you

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certainly I'm sorry yeah oh you you can summarize it if possible summarize please

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yes Philadelphia Shalom again purchased the

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philadelphia shalom again purchased the property uh in november of last year uh subsequent to

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prior owner having uh filed the uh the instant application uh the intent by the prior owner and

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the concurrent attempt by Philadelphia Shalom, LLC, the principal being Sergio Geraldo.

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He is, I'm not sure if he's with us at the moment, but he is waiting patiently to join

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in if necessary.

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He is present at the conference.

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Tent was in a Kensington area that does need affordable and safe housing units to make available an extra unit in a good building that his company owns.

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And he has gone through this system in order to request the variance to make it a two-unit rental rather than the one-unit rental.

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And I think it's significant to understand that he has not sought to rent the second unit during the pendency of this appeal.

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He has simply waited for his time to have this hearing in order to request the second unit be approved.

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There's been a longtime tenant in the first unit.

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That tenant pre-existed Philadelphia Shalom's ownership.

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That person will continue to reside in the premises.

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But Mr. Geraldo, through his company, Philadelphia Shlomo LLC, is seeking to have the two-unit rental approved in order to increase the viability of affordable housing in this area.

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