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Hearing video

ZBA Hearing - February 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 10, 20218h 33m

After I had surgery, I was only cleared to return to work today.

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I was hobbling around with a cane.

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I dropped off 25 or so copies, hard copy plans of our proposal.

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We even initially thought about showing a 38-foot-tossed one just to talk with the neighbors and feel them out and see what the deal was.

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I dropped those off, not at Ms. Moss's office, which is literally four doors down from this property, but with Jessica, the neighbor.

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if Jessica is on the line.

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She can attest that I was doubled over in pain

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and hobbling with a cane,

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and I dropped them all off at her house

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and asked her to please distribute those

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to Ms. Moss when her office is open.

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Mr. Mulvihill, pardon the interruption.

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Yes.

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We are obligated to have a certain amount of break.

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Understood. I'm happy to. I'm going to suggest that this case be resumed because we haven't

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Understood.

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I'm happy to...

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I'm going to suggest that this case...

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heard from the other side. If Mr. Hammack is an attorney, I suspect it's going to be some

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lengthy testimony. I imagine that's the case. Now, Chairman, my clients, they've already had

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this case continued because Old Kensington couldn't meet with us from the requisite time.

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We chose to proceed anyway because they are incurring significant holding costs on this

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property and this is supposed to be their house um so every day that we are delayed is actual

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hardship financially for them as human beings because they're not developers they're people

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i understand but we are required oh chair i understand i'm just asking whether i can resume

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this at two today um 330 430 whatever works for the board i don't know i'm happy to do it i really

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i wish i can tell you 330 but i don't know how we're going to have a case that's going to take

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considerable amount of time even with our best efforts at two o'clock to limit that case i

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suspect will have to be continued at some point as well certainly chair i mean i've been on calls

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i've been on cases that you as you very well know where two o'clock goes into 4 30 so i understand

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yeah so again i'm not we're not trying to be difficult we're trying to get everybody the

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opportunity to be heard absolutely and i think the best way for us to do that is to have a

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resumption hearing yes and i'll ask to get one as soon as we can chair yes if i may i'm almost

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on my case in chief if you're at time right now for me for us to stop just wrap up and then we'll

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take it from there so i'm showing on the on the board um this letter dated january 6th for a

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meeting that happened january 26th there was a vote um apparently um 17 attendees zoom participants

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zero support 10 opposed i don't know who these people are i don't know what was going on during

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approximately 20 minutes i was waiting for this meeting to start uh but apparently a vote was

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taken with me not present with my clients having no ability to present their new case. I don't know

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who these people were. And I don't know what the regulations were or how this meeting was conducted

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because I am not going to sit around for 20 minutes where an RCO doesn't start their own

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meeting on time and disrespects my client like that. So there's a vote. I ask that the board

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not consider this letter. And let's talk about the feedback very quickly because they have that too.

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I think when old Kensington disregarded my client's time and disrespected my clients like that, they, when we were nice and came back again, didn't have to, they gave up the right to voice their objections.

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Fine. Okay, here we are.

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Near neighbors did not support the proposed three-foot side yard width, building height of 40 feet, and West Thompson and Orkney Street roof deck not set back.

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Okay, so they want us to build all the way to the property line in the rear.

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We explained why we didn't want to do that.

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Building height of 40 feet, we explained why we're doing that the way we are.

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So it's actually shorter than every other new construction building in the area that goes through 38 feet tall and has a parapet wall.

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West Thompson, Orkney Street setback, okay.

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Mr. Villa explained why that's physically impossible for us to comply with under the zoning code.

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And we'd have to move the stairs inside and we'd have to make the building taller, which, you know, goes against the problems the neighbors have with the overall height.

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Fine.

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I don't remember anything about this construction agreement that's mentioned in bold.

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I have no recollection of that whatsoever.

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So I don't know what the claim there is.

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And I don't recall receiving an email, but maybe I did.

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We request the applicant provide a SUN study.

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I have no recollection of that.

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And members of the board there and everybody who is here listening, there's a website where what you can do, if you just Google it, and I don't remember the name of it, is type in the height of a building, draw the dimensions of the building, put in the date and time,

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and it will show you exactly what happens with the sun.

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I just don't ever remember getting a sun study request.

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They were asking, there was an objection to the height,

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interfering with the amount of sunlight and air quality in homes and backyards.

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Well, the adjacent properties, number one, one of them has no backyard.

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It's 100% lot coverage, and it's currently vacant.

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I understand.

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Okay.

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We need to summarize, please.

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Well, Chair, you're going to have more time at the resumption here.

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Chair, here's what we'll do for purposes of giving everyone the necessary break.

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I've been talking very quickly.

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The court reporter probably hates me right now.

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She hates me for not asking for a break sooner.

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I am sorry, Ms. Court Reporter.

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I can't see you or your name, but please accept my apologies.

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I get yelled at all the time in court for talking too quickly.

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So I will stop here.

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for the purpose of the record, this is the last paragraph of the letter dated January 6th from

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Old Kensington Neighbors Association. And I just talked about the SUN study, so I guess we'll talk

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about page three next time. And I will conclude my presentation at this point and request that we get

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the soonest possible date to resume this. And if we can squeeze me in anytime.

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soonest possible date to resume this. And if we can squeeze me in any time in the next couple

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weeks, that would be wonderful because my poor clients have been waiting for months to get this

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done. That's all. Excuse me. This is Sharon Soletta. I just want to put on the record that

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the property is tax compliant. Thank you. Thank you, Ms. Soletta. All right. Without any objection,

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MI 2020-0024189. I'm sorry, wrong one. Sorry about that. MI 2020-002446-428-30 West Thompson Street.

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This hearing will be resumed. Do we have a date as early as possible, Ms. Benton?

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chair actually i would have to uh deferred to miss sunkett or miss dandy i'm not sure about

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the dates that's fine i'll be in touch with either miss sunken hold on hold on we may have

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it now i'm not sure even better hi this is tanya chair march 24th at 9 30. well okay this hearing

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will be resumed on march the 24th at 9 30 a.m at which time the board will i'm sorry chair

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here i'm so sorry february 24th oh that's much better thank you thank you okay all right okay

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let's start again 2020-002-446-428-30 west thompson street this hearing will be resumed

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on february 24th at 9 30 a.m at which time we will consider any further feedback related to

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the RCO and the council person's position. Yes chair one final request on the record please

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any of the protesters who wish to introduce exhibits I will object to their admission

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unless I have them in my hand five days before the hearing please. So noted. Thank you. Thank you

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we apologize for anyone who's been waiting on the line but we do have some standards that we have

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to adhere to. We'll look forward to hearing from you on the 24th. Thank you everyone and be back

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at two o'clock. Thank you members of the board. Good afternoon. Good seeing everybody. I miss you.

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You too. Thank you.

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Ms. Tenere, we officially broke for lunch, correct? Yes. Okay, I'm going to pause the recording.

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Thank you. Yes, I am now leaving. Thank you. Good morning. Good afternoon, everyone.

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My name is Frank DiCicco. We're going to wait a few minutes to see if staff has to get any of

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their technical issues resolved. When you're ready, Yvette, you'll let us know.

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We're ready now, Chair. Everybody is present. Okay. Thank you very much. Again,

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good afternoon, everyone. My name is Frank DiCicco. I'm the Chair of the Zoning Board of

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adjustment i'll be participating in today's hearing along with our vice chair miss carol

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tenere our board secretary confessor plaza and board members mr thomas holloman and mr james

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snell board administrator yvette benton and our board attorney miss sharon saletta are also in

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attendance for those of you who haven't yet participated for those of you who haven't yet

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participate in our virtual hearings i'll go through some of the basics of what you can expect

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first we will be administering oaths to individual participants prior to their testimony second we'd

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like to advise everyone that this proceeding is being recorded and that by participating you

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acknowledge your agreement to be recorded and this recording will be available to the public

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on the web or otherwise. Third, if for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself. I'll repeat.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star

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nine and then star six to unmute yourself. Finally, to enter an appearance statement call Google 267

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270 5548 and leave your email address and the address of the property at issue. I will repeat

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to enter an appearance statement call google 267-270-5488 and leave your email address

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and the address of the property at issue i would also like to advise everyone that please do not

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attempt to testify in the chat any comments should be directed to our board administrator

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Ms. Yvette Benton. With that, I will read off the two o'clock.

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Benton. With that I will read off the 2 o'clock list those cases that there's been a request

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to be continued. Number one on our regular list for the 2 o'clock MI 2020-001309 109 Pleasant

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Street is continued. Number six on our list MI 2020-003159 2535 West Lehigh Avenue. Number

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MI 2020-000792, 397 East Upsall Street, number 12 on our list, MI 2020-002-036-539 North 22nd Street.

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If anyone disagrees with the request for those continue any of those continuances,

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please raise your hand at this time.

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no hands at this time chair thank you and i will now ask if anyone is requesting would like to

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request a continuance for withdrawal please raise your hand at this time

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chair we have a drew miller with his hand up mr miller you can unmute yourself and speak

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good afternoon mr miller please identify yourself for the record name and address and i'll swear

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are you in? Yes, my name is Drew Miller, D-R-E-W-M-I-L-L-E-R. My address is 1405 East Columbia

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Avenue, 19125. You swearing for him to tell the truth, the whole truth and nothing but the truth?

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I do. What case are you speaking to? I'm speaking as a member of the Fishtown Neighborhood

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association zoning committee and i'm speaking to case mi 2020-003089 of the address is 1324

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frankfort avenue uh i believe we sent you a letter requesting a continuance on on that matter

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uh and so i just wanted to voice that excuse me this is sharon scoletta yes we did receive the

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letter um mr sean whalen is for the property owner and if he could be promoted to panelist

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status he is objecting to the continuance he has

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thank you good good afternoon chairman sean whalen

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s-e-a-n w-h-a-l-e-n on behalf of the applicant for 1324 frankfurt avenue and we oppose

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any continuance we've not been provided with a copy of the letter which would obviously set

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forth the basis for the continuance so i'm not sure what that request would you swear and affirm

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to tell the truth the whole truth nothing but the truth yes i do including your comment just now

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and what case is that one for? That is MI 2020 003089. It's number two on the regular list Frank

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two o'clock. Okay I'm looking at the other Frankford I'm sorry. So you're opposed to the

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continuance? Yes we don't believe that there's any basis for a continuance today. We have not

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and advised previous to now by FNA that there would be a continuance request. So I'd be

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interested to hear what the basis would be. All right, we'll take that up when we call your case.

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Thank you. Thank you. Any other requests for continuances or withdrawals?

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We have Ori Feinbush. Mr. Feinbush, you've been unmuted. You can speak.

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Yeah, I did that in error. Forgive me, but good to see all of you. Forgive me.

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anyone else? Chair, we have a Leonard Reuter here. Yeah, I know Leonard's going to speak on a

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piece of legislation. Is there anyone else who would like to ask, request a continuance or

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withdrawal? There are no other hands at this time, Chair. With that, we will take up the

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the adoption of an extension, Mr. Reuter.

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Lynn, you've been-

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Lynn, you've been promoted to panelists. You can go forward with the regulations.

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leonard are you there

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leonard may be having technical difficulties let's go to number two

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on the add-on list, MI 2020-002410, 650 Fairmount Avenue.

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Mr. Griegos or Stephanie Boggs?

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Excuse me, this is Sharon.

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Mr. Reuter did just send me a text message saying that he was,

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just got booted and is rejoining.

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He didn't get booted.

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He was put into as a panelist.

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Thank you.

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I don't know is Herc or Stephanie available? Who will be presenting? Mr. Griegos.

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Well he has an open mic and I hear a lot of young kids in the background if you can mute

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that would be helpful. Herc just hold on a second Carol. Herc just hang in there a minute if we got

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Leonard will do that and then get back to you. Just hang in. Thank you. Mr. Reuter, are you on?

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He's a little bit muted. Yeah.

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Oh, well. All right. Let's go with that case Fairmount Avenue. Mr. Mr. Grigos.

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Okay, Mr. Grigos, put your name and address on the record, please, and spell your last name.

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Great, thank you. Hercules Grigos, G-R-I-G-O-S, 1835 Market Street, Philadelphia, PA,

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representing PRDC Properties and its affiliate, Fairmount Manor Associates, LP,

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equitable owner of the property located at 650 Fairmount Avenue.

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Okay, do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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

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I do.

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And have you emailed the exhibit packet with proof of ownership tax compliance, refusal or referral, photos and plans, five days in advance of this hearing?

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And have you met with the RCO, and do you have a letter?

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Yes.

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This is a resumption hearing, correct?

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Correct. We're here today with a return visit for construction of a mixed-use multifamily ground floor retail building.

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i have with me david perlman and tony maris from prdc properties owner and developer

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i believe representatives of the community diane monroe from the 14th border also here but if you

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recall we were here in december we presented the case for the project had support from near neighbor

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RCO planning commission CDR we were praised at CDR and at the hearing we had some concern from

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council president's office since that time we had a number of meetings with council president's

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office the RCO and the result of those meetings were a substantial increase in affordability I

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I think we had presented 40 affordable units at the time.

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We are now at 60 affordable rental units, which is over 20% of the rental.

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