civus
Hearing video

ZBA Hearing - March 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 23, 20224h 14m

Chair we may have to move on

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I agree

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okay george yes all right we're going to have to move on we can't get mr hansen on

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can can we move to later in the meeting can i be shifted to the end of the meeting and we'll get

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this straight and then i will have the stuff to share on my screen i will get the packet

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but i would say that the the end of the meeting could be in the next 10 minutes

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i understand i can have that information in the next 10 minutes okay had i known my my okay

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Tanya, I'll go along with the other cases that we have, and then we'll come back.

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Thank you, Chair.

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Thank you, Chair.

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All right.

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Okay, let me see here.

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21, 22.

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Okay.

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Be right with you.

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We're going to go to the add-ons that we have.

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MI 2021 004512 1713 South 18th Street.

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1713 South

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18th Street.

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We have testimony

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from the RCO

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letter of support.

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Planning Commission?

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Yes, sir. Thank you.

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This is one for you to vote.

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Yeah, thank you, sir. Ian Haggerty

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for the Philadelphia City Planning Commission.

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members of the board the comprehensive plan recommends no change to the rsa5 single family

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zoning at this location um this was as you recall a property that was damaged by fire

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while the fire damage is regrettable we don't believe it establishes a use hardship which has

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to be tied to a peculiar condition of the property and not an economic need um the city planning

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commission uh recommends that the board deny the variance if the board's inclined to grant we would

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recommend that the board consider a proviso condition limiting the use to two dwelling

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units in order to better conform to the surrounding context. MI 2021 004512 1713 South 18th Street

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I vote yes proviso only two units. Carl Tenere my vote is yes with proviso. Thomas Holloman

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my vote is yes with proviso

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ishmael shaheed my yes my vote is yes with proviso

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mr chair mr snell has been knocked off okay we're we have to go that's good he's been knocked

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off the screen mi 2021 004518 1913 hoffman street

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community development coalition rco representative testified at the rco support

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planning commission thank you chair bergman ian hegarty for the city planning commission

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members of the board the comprehensive plan uh recommends no change to the rm1 zoning at this

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location. We believe the proposed variances here are minimal and do not conflict with the purpose

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and spirit of the zoning code. We recommend that the board grant the variances. Thank you. MI 2021

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004518 1930 Hoffman Street. I vote yes with provisos. One, revised plan, one page, and two,

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includes variance for open area open area carol tennari my vote is yes proviso thomas holloman

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my vote is yes with proviso ishno shaheed my vote is yes with proviso

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thank you um tanya why don't we take a five minute break and we'll come back if we can get

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this working we will and if not we'll have to continue it is that okay that was good cheer

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all right thank you five minute break everyone okay mr chair

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yep yep he said he's ready to go to you're in the chat okay

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let me break with you can can you hear me yeah we can and can you see our exhibit uh cover sheet

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let me let me did i already swear you sir yes you did okay will you need to swear my wife as well

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she's also the owner of the building in here at this meeting is she going to testify

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uh she doesn't want to but well it's fine you're fine okay okay thank you our vice chair has a few

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questions for you good morning have you emailed the exhibit packet with all of the required

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documents consisting of proof of ownership tax compliance a copy of the refusal photos and

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plans of the property five days in advance of this hearing and have you met with your rco and

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do you have a letter yes to all and okay great sorry for interrupting you what were you going

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to say as i stated before the tax clearance unit is very busy so we emailed in the tax

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clearance on monday i actually had to go downtown to get that okay great i had to pick that document

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it up. If I may ask a question, have you included it in this packet? Yes, it should be included

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at the end of the packet right there. Perfect. You can continue. Okay, sir, you may proceed

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and begin sharing your screen. Thank you. Thank you for giving me a little bit of grace

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to the board. I appreciate it. We purchased 3549 Sunnyside in 2009, and it was a blighted

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structure. We achieved all the zoning approvals and whatnot.

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We achieved all the zoning approvals and whatnot and ended up turning it into a three dwelling unit apartment building, along with a first floor commercial space.

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In the past 12 years of ownership, we really haven't had much viable commercial interest in that space on the first floor.

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um and we would like to get the approval to go ahead and turn that into another dwelling unit

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um so that we can rent the thing out uh our costs on this building have gone up considerably over

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the years and and it is an investment property um so we are requesting that the board uh hear our

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plea and um you know if we can we'd like to turn that 700 square feet into an apartment

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The RCO here has approved it unanimously.

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We didn't have any opposition to this.

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So they support it.

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um we have all of our notice that was put in as well

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uh all of our mailings and whatnot to notify the community

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does the board have any questions no keep going

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so that's the front entrance there for the that is the front entrance yes and that goes into

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the the commercial shop space which is about 700 square feet on the inside and the residential

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entry right now is right there on the left side it's on Crescent Street so there's uh an entryway

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the back portion to the left of the cursor that's one apartment unit and that on the second floor too

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um and then the other two apartment units are in the main portion of the building right there

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that's the second floor unit and then there's a third floor unit there

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so when we got this property there was a hole in the roof all the windows were falling out of it

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it had caution tape around it uh the back end was all burned out um the garage was collapsed

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that's on the back corner there that's all the way on the back of the lot right there yeah so

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we went ahead and did a lot of work do you have drawings do you have drawings what you're going

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to do on the first floor uh no we we haven't finished our planning on we just have a site

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plan right now i mean we're just planning on doing you know like a one bedroom down there

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that's it's it's small i mean it can't really be much else

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you know by the time you fit a bathroom and a kitchen in there

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you know you need some living space and whatnot oh there we go right

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have you ever had a commercial or a retail tenant in the first floor

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no i haven't i mean i just use it for storage space for my own business

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that's all and my own fun stuff keep my bikes in there and whatnot so

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okay questions from the board no mr chairman no mr chair

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questions or comments from the virtual audience then so i

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i see no hands at this time chair planning commission

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Thank you, Chair Bergman. Ian Hegarty for the City Planning Commission. Members of the Board, the comprehensive plan recommends no change to the existing RSA 5 single-family zoning at this location. However, given the existing legal three-family with commercial space in this structure, we believe the conversion of the ground floor use as a residential unit is appropriate and will have a similar or less impact than the existing commercial use.

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City Planning Commission recommends that the Board grant the variance.

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Thank you, Ian.

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MI 2021-002-538-3549 Sunnyside Avenue, I vote yes.

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MI 2021-002-538-35...

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Carol Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, sir.

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Thank you.

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Good luck with your project.

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Okay.

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i i is there anyone in the audience whose case has not been heard

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i see no hands at this time chair donna i think that's it for the until two o'clock

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sounds good to meet you all right thank you everybody that's a record breaker

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there also was 13 cases were one but we'll we'll take it carol thank you take it i know

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hey carl give me know my greetings i will i definitely will is all right okay

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we're ready to go tanya yes sure we're all ready for you i'm here bill i was having a lot of

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technical issues here. I'm on. Thanks, Tanya. Sure. Thank you. Good afternoon. My name is Bill

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Bergman. I will be chairing the ZBA hearings this afternoon. With me is Carol Tenere, our vice chair.

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Present. Ismail Shahid, our board secretary. Here, Mr. Chair. Thomas Holliman, our board member.

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Present, Mr. Chairman. James Snell, our board member. Present, Mr. Chairman. Also here is our

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executive director, Tanya Sunkett, and our attorney, Rebecca Cole. Before we begin, here's

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the virtual format we use. Be advised these proceedings are being recorded. By participating,

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you acknowledge your agreement to be recorded. A video will be available by contacting our

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executive director, Tanya Sunkett, at phila.gov. For the benefit of our court sonographer,

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we ask attorneys and witnesses to identify themselves before testifying. Three, if you are

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participating in my phone, if you wish to testify, press star nine to raise your hand and star six

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to unmute. To enter an appearance statement, call 267-270-5548. Leave your email and the address

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of the property in question. And lastly, the question answer box is not for testimony or

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comments. Any comments should be directed to our Executive Director, Tanya Sunkish. We're to look

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at this afternoon's continuances. Number two, MI 2021-005316-1613 Church Lane. Is there anyone

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in the virtual audience have comments about that being continued?

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i see no hands at this time chair thank you we also number six mi 2021 003788 5951

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kimball avenue joseph console and also mr richardson from the council person's office

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please come on this to zoom

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mr consul good afternoon chair bergman joe consul could you spell your name for the court

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reporter please yes it's joseph j-o-s-e-p-h consul that's c-o-n-s-o-l-e you swear or firm

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to tell the truth the whole truth and nothing but the truth i do mr richardson are you out there

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I am.

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You've already been sworn to state your name for the court reporter.

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Charles Richardson from the Office of Councilwoman Cindy Bass, room 312.

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Thank you.

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I understand you would like a continuance.

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Could you please talk about that a minute?

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Sure, Mr. Chair.

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The applicant has had two opportunities to meet with the community, and it has not occurred as yet.

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But the unfortunate thing is that they had two different meetings.

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One was in December and one was in most recently on the 21st.

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And the last one was the one where they were the provider of the Zoom link and could not get the it was supposed to start at six o'clock and it did not begin until 630.

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and the people that were waiting uh to come in uh could not get they could not get in and

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to come in uh could not get they could not get in and they left and did not return um

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and they left and did not return.

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they haven't met with the community as yet so it it really they do need to meet with

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the community before and the rcos the two rcos are willing to meet with them uh once they receive

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a new date mr council yes uh chair and board um we originally had a december 22nd zba date

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We met with the community on the 7th of December. They weren't happy with the quality of the floor plans that we were showing them. They refused to hold a vote. There was several neighbors there at that time. There didn't seem to be much animosity towards the project, just they wanted to see better floor plans.

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So we agreed. We continued the ZBA until today. And then two days ago, we met. Mr. Richardson says 630. It was not even 615 when everyone got into the meeting. There was four folks on their side, myself and my client on our side.

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And there was some claim that folks dropped off, but I don't know that to be true. But either way, we were ready to present. We were there. We had everything they had asked for. We updated the plans to their specifications, and they said, we're not going to vote. We need you to continue it again.

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And my client got the refusal back in July of last year.

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And financially, she can't have this held until September.

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We want to meet with the community.

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We think it's a worthy project.

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And so we were hoping that we could do something along the lines of holding this, you know,

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holding the vote for a couple of weeks to allow us to get back in front of the RCO so

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we can show them the project, but being able to present today.

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So my client's not not prejudiced because we would assume we'd be pushed back to the summer, if not even past that.

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So that's just so. So I'm going to continue it, Tanya.

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I want to continue it as quick as possible and then must be tried on both sides.

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Tanya, as you wish here. OK, so, Mr.

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Consul, Mr. Richardson, we're going to continue this.

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I'm going to try to get it back as quick as possible.

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but then we have to with next time we have to try it okay yes sir thank you all right thank you thank

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you any other continuances requested

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chair i see no hands at this time case one mi 2021 005249 1529 south street

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Center City Residents Association, letter of non-opposition.

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Mr. DeMarco is the attorney.

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Mr. DeMarco?

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He's coming back in as a panelist now, Chair.

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Thank you. Perfect.

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hi hi mr chairman i was waiting to be promoted good afternoon sure you were already sworn

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just state your name for the court reporter yes good afternoon richard demarco uh d-e-m-a-r-c-o

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mr demarco could you identify your client and the relationship with the property

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yes client is george bobe he is uh the tenant for the property for the first floor use thank you

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you've already been sworn. Our vice chair has a few questions. Sure.

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I have, I have a barking dog, so I apologize.

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Do you agree with the reading of refusal and stipulate to it's accuracy?

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Yes. It's a referral and I agree to stipulate.

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okay national puppy day no it is i assume that you've sent in the required documents

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yes okay you may proceed and you may share your screen yes i can be brief we have non-opposition

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as stated from the um center city residents civic association you should see it on your screen at

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this point um as i said my clients george bobe proposing a a new a tattoo parlor um met with

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ccra no opposition there's a petition of support in our materials as well i can go quickly through

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mr bobe's testimony if um we can um unmute him now uh why don't you raise your hand virtually

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George, and I would just say that there's nothing unusual about this

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There's nothing unusual about this proposed use that would render it more impactful than other uses of the same type.

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proposed use that would render it more impactful.

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According to the standard for special exception, uses requires no variances.

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It's a special exception case. And as you all know, South Street's a known commercial corridor with an eclectic mix of restaurants, stores, uses, et cetera.

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um i'll have george just state his hours of operation he's going to have trash storage

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commercial and there's some very minor medical waste that occurs with these parlors that he will

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