civus
Hearing audio

ZBA Hearing - February 24, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 24, 20262h 41m

Some of the walls could use some touch-up.

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Yeah, I'm not sure if that's the question.

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Does that answer the question or?

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Yes, thank you.

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Have you looked at the photographs that are indicated as Exhibit A in our Exhibit, in Appellant's Exhibit Package?

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These pictures, let's see, I have it in front of me.

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I mean, these are the same pictures I've seen before, I assume.

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Yeah, yes, yes, yes.

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I haven't seen them this morning, but I've seen them before, yes.

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Okay, thank you. And when you look at those photos, are they a true, fair, and accurate?

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When you look at those photos, are they a true, fair, and accurate representation?

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Paul, let me ask you, do you have the photos there?

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Yes.

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Could we see them too?

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Yes.

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I'm about to.

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Oh, okay.

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All right.

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Okay.

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You're repairing them for this.

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I got it.

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All right.

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Two seconds.

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Are these photos a true, fair, and accurate representation of the interior of the house?

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Yes.

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Okay.

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Yes, they are.

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So I'm just going to flip through on the Zoom, the photos.

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And Mr. Dominick, I'm just going to point out a few basic things in some of these photos.

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You'll tell me if there's anything wrong.

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So this is the first floor hallway.

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You see an extension cord on the ground.

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I'm flipping through the photos one by one.

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In this photo, you see around the doorway, what looks to be an extension cord.

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In this photo here, you look to see wires or extension cords draped around the doorway and

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out through the door? Yes. Okay. This is some crack in the wall above that bookcase.

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Yeah. This is a bathroom with a ceiling. I think it's fair to say falling down. Is that correct?

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yes plaster work is coming off okay there's some

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damage on the ceiling this is another part of the structure where the ceiling looks to be

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in poor condition is that correct uh in my opinion yes okay and this is uh another

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shot same room different angle yes okay thank you

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this is uh orange extension cord uh going from one floor to another uh yes that is correct okay

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this is that this is enough this is uh this shows also an orange extension

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cord going down the hallway yes this will be on the third floor okay thank you

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that continues again that extension cord right through the middle of the photo this is uh the

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banister with um showing some damage this is a another it was disconnected from each other

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yeah it wasn't firmly attached okay thank you

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some ceiling damage

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more ceiling damage yeah um okay thank you well um mr dom how much longer do you think you have

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because i with this witness i'm finished okay uh so and then um i think the next

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the only other thing for us to do is which i'd like well can i finish with this witness

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for a second sure if it's five minutes yeah so i have no further questions

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of this witness at this time rachel yep so uh thank you uh mr dominic you stated that your

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profession is a computer consultant is that correct that is correct do you have any

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certifications education licenses or expertise in non-conforming uses or zoning and land use law

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no um and um you stated that you lived two doors over from the property is that correct

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yes do you have any testimony to offer related to um the uh prior owner mr clarence wilson's

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removal of any improvements uh necessary sorry necessary for the current the use which was a

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four unit or do you have any testimony offer that he made modifications to make it unsuitable

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um for the property removing meters removing plumbing um breaking down walls

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or just was your testimony that he just got old and tired of running out the remaining units

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i don't think that was objection i don't think that was his testimony

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that he got old and i'm asking him i'm asking him what for him to clarify his testimony

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that he got old and i'm asking him i'm asking him what for him to clarify his testimony

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uh yes could you repeat the question please yeah sure do you have any affirmative testimony that

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you that you're aware of the current of the prior owner modifying the building to remove

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anything that would allow it to be a four unit so removing meters removing uh water meters

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electric meters removing walls or anything like that i have no knowledge of that okay and you

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gave testimony that he was continually living in the property until he stopped running it based

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on i guess you give testimony that he was he stopped running it or you thought he wanted

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to stop running some of the units um i don't say i thought he he told me but i guess it's hearsay

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so i can't really say that i'm not sure how to present that um but yeah he lived there

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and he stopped running it so that's as much as i know okay and that that's that is my point so

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and would you agree that um there was no when you walked through the property although i understand

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some of the deferred maintenance that there was no walls removed that there was it wasn't built

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out as a two unit there was no meters removed bathrooms removed or anything that would indicate

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um that it was not still laid out as a four unit building i have no knowledge of any walls

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removed or bathrooms removed thank you all right so how much more do you are you okay no no how

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much more do you have? So I have one more witness, but that witness is Ms. Pritzker's client. So

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I'd like to ask the chair and Ms. Pritzker, you know, I could call him right now. I don't have

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the time. We're not going to do that. Okay. So yeah, we're going to have as a resumptive hearing.

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Okay. So all I have left is the owner to cross examine. Okay, fine. So Rachel, give me an idea

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how long your case will take i'm just doing this for the next time to figure out how much time yeah

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all i want to do chairman and members of the board is put the law on the record what the actual

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law is and the code is and the and and so that we can talk about what the law says about this

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specific matter that's all that's all i'm wanting to do and show a few exhibits that align with what

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the law says okay and mr kelly the city's witness is already gone i'm just along for the ride all

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All right. Okay. So, but, but Ms. Pritzker is agreeable to, uh, make Mr. Chen available the

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next, at the next hearing. Yeah. He's, he's ready and able to. Ready and able. How's that? So,

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all right. So the next year will be April 28th at 9 30 AM. It'll be a resumptive hearing. Okay.

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And that we're looking to get it done that day. Okay. Yeah. Thank you. Charming members. Thank

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you thank you uh all three attorneys thank you mr o'brien

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So MI 2025, 004706, 184 Cotton Street.

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William O'Brien is the attorney.

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There's non-opposition from Manioc Neighborhood Council.

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Mr. O'Brien could you please state your name and spell for the stenographer

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yes chairman William O'Brien from the Manion Law Office W-I-L-L-I-A-M-O-V-R-I-E-N

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could I ask the attorney to please get closer to the microphone thank you thank you did you hear

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my spell can i go one more time state your name and all william o'brien w-i-l-l-i-a-m o'brien

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o-b-r-i-e-n from the maniunk law office but you swear or affirm to tell the truth the whole truth

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nothing but the truth i do could you identify your client a relationship to the property

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my client is cotton street partners of pennsylvania limited liability company

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purchased the property i think back in 2022 our vice chair has a few questions

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good morning have you submitted your documents and exhibits five days in advance of this

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good morning have you submitted your documents and exhibits five days in advance of this hearing

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yes okay and do you waive the reading of the refusals and stipulate to their accuracy

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i do okay thank you share your screen and proceed with your case sure hold on sir can i ask who you

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are are you a neighbor yes i'm the adjoining neighbor okay direct adjoining neighbor of

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four three three four and four seven three four you'll testify when we call for people in the

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audience okay i also have a uh mr chair he is a he is a party he's entered us in the party his

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is your attorney here my attorney uh is on a um retreat i have a person that's not a code lawyer

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online to help ask for a continuance because this is a very complicated case

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I'm very well prepared, but when the current lawyer couldn't handle the case with the snow and the holiday,

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because I just hired this lawyer to help with the snow and the holiday to get a new lawyer 10 days out,

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nobody's available today, so I need to get a code lawyer.

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I'm very well prepared.

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I've been working on these stone walls for 31 years.

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Listen to me.

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Listen to me. Are you saying that your attorney is not available? You hired a non-code attorney. Are you comfortable with him representing you?

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She is an assistant to him. No, I'm not. I'm not. I have a code attorney ready to go, but no, I'm not.

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But he's not here.

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Good morning. I'm here from Mr. Ramsey's office.

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No, no, no, wait. What am I saying?

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I have a new code attorney ready to go, but he's not. I didn't sign the deal yet. He couldn't read all the documents.

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So you don't have a code attorney you're saying right now.

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Correct. I need to get one. I like Bill.

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You like Bill, but you can't hire him.

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Mr. O'Brien, how do you feel about a continuance?

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I'm opposed. Vigorously.

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If I may, briefly, Mr. Chairman,

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this hearing was last scheduled on December 3rd of last year.

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The day of the hearing, Mr. Piller's attorney, Richard Banderslice,

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reached out and requested a continuance and issued a letter raising two objections on

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behalf of Mr. Pillar. A complete response to those objections was provided to Mr. Vanderslice,

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and I've heard crickets. And neither of the issues that Mr. Pillar raised is a zoning issue.

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Okay. You say you're more than well prepared.

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I have all the documents, but I can't, I'm not prepared to present the case. I'm more, I'm more than well prepared to hand it over to an expert zoning lawyer.

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It's fair and square.

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So it's, you know, it's, it's the board's discretion as to whether we hear this today or not. I know we're most likely only going to get through, um,

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builds a presentation why why why don't you listen to me listen no no you don't have to

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listen to me why don't we let mr o'brien make his presentation and then if he needs an attorney he

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brings it back to next time we're only going to hear your presentation today anyway bill okay

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do you hear what i said yeah i don't know what you're saying i'm i'm thinking go ahead i don't

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know if i'm allowed to speak and not being alert oh may i speak oh um i fully expected to work this

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out with the developers between christmas and now so i i expect the work is yeah it's moving a lot

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line so if you move a lot line you get together with the neighbors now listen to me mr o'brien's

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going to make his presentation we're going to end it then and we'll come back for a resumptive hearing

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okay so mr why don't you go ahead you did go mr o'brien why don't you start thank you so on the

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This screen is the, this is the amended or revised or corrected refusal.

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It was issued December 3rd of last year, the same day as this hearing was scheduled.

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There was an additional refusal that didn't belong on here and that's been corrected.

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So there are two refusals.

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One is attached housing in the RSA 5 district in this neighborhood requires access to parking

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in a shared driveway.

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because of the topographic conditions that's just not possible uh the second refusal is

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for disturbance of steep slopes and again as you'll see uh that disturbance is unavoidable

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and actually provides a benefit uh to the neighbors especially mr pillett um the uh

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as you said the neighborhood council held a meeting 55 people were attendance only 33 i think

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votes were tallied, but the position of the civic.

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Votes were tallied, but the position of the civic is non-opposition.

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This is a map from Atlas, and you can see the property is right here, and it's about a block and a half from that area.

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it's green right here. That's Pretzel Park, a very popular neighborhood park,

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and it's about three blocks from the Main Street Business District.

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Oops, sorry. Here are some photographs of the existing conditions.

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So the existing house depicted here has been tagged as unsafe for about 15 years, I believe.

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And behind it, you're going to see, you see a little Wissick and Schist wall that comes

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into play.

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And I'll go into some detail about that in a moment.

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The next image, I don't know why these are all differently sized.

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This is from Boone Street.

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So the property is bounded by cotton to the south, Boone Street to the east.

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and you can see the staircase here so that is the bed of cotton street which is

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not open it's on the public city plan but it is improved only with a staircase

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and this is the that wall from boone street in the foreground looking down and you see behind

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the foliage the outline of the house at 184 cotton street so the whole lot is just under 4 000 square

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feet so this is a image of that wall that was to the left of the house and you can see it's

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not in great shape. I'll come into some detail in a second but briefly let me say that in 2008

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a surveyor from the city of Philadelphia came out and did an inspection determined that it was

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unsafe. The wall bill? The wall itself was unsafe and issued a determination that the responsibility

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for repairing the wall was on this property 184 Cotton Street and on the two properties to the

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north adjacent to this wall uh 43 34 and 43 34 and a half boone street mr pillar lives at 43

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uh 34 and a half um when we made the app i'll come to that in a second let me just show you where we

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are um so this is the exist this is the subdivision plan approved by the ninth survey district

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I'll first show existing conditions and give some context to the site and to the wall.

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So here is, to the left is Tower Street.

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To the top is Boone Street.

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And then where the stairs, where you see the stairs, that's Cotton Street.

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And this three-story stucco, that's the house, which is unsafe.

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and then the lot continues 77, 78 feet up to Boone Street and then Boone Street

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there is a 48 foot wide lot and then the property line continues to pretty much

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a rectangular lot. Now this is the wall that I showed you the photograph of and

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as you can see, it's outside the lot lines. What's proposed is to subdivide and create

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three lots, one house going back to where the existing small house is, and then two

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new houses facing Boone Street.

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This is the facade of the proposed homes on Boone Street.

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This shows one of two changes that are referenced in the Proviso Form and Plan.

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This shows one of two changes that are referenced in the Proviso form and plan.

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Originally, the driveway, the garages shared a common curb cut in the middle.

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It was pointed out during community meetings that if you move the garages to the outside of each structure,

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that would allow a parking space in between.

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