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Hearing video

ZBA Hearing - February 10, 2021

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

oh right we are we are totally opposed to a residential building going up on that line okay

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all right that makes it thank you all right thank you very much thank you

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all right anyone else new and different there are no more hands at this time chair

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planning commission good evening david fecto philadelphia city planning commission

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Mr. Chairman, members of the board, the comprehensive plan recommends residential multifamily use

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for this property. The city rezoned the property from residential multifamily to industrial

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commercial mixed use in 2017 to enable the Gideon School to become one of the mayor's

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community schools. And community schools were areas where the private sector would be able

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to provide services to the community. We erroneously believe that this property was part of the

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adjacent school therefore we do not object to granting this variance a little confused on that

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what was that again about the mayor sure so the so we had rezoned this property because

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private sector services cannot be provided in a public school we had been asked to rezone

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this property to industrial commercial mixed use when we did we unfortunately thought that this lot

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actually was part of the Gideon School, which it turns out it's not. And so we probably should

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have left it zoned RM1. That's why we're saying we don't object to granting this variance for

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multifamily. Okay, all right, more confusion. Excuse me, can I say something? Briefly.

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This is Louise Branch. It was industrial and you thought that it was residential for the school,

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so you switched it to industrial no it was is residentially zoned before to be able to get

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private services into the school as part of the mayor's community schools initiative we rezoned

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the block to industrial commercial mixed use that was the classification that would allow

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private services to be provided in the school so that's that's why the property switched to

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an industrial use classification but it was a residential multi-family classification before

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2017 so so david just to clarify had you realized that this lot was not connected with the school

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you would have not remapped this lot to icmx is that that is that is correct okay that's that was

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my understanding thank you um is miss jones still on hello is mary jones still on miss branch i

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muted you for a reason is miss jones still on yes chairman i believe she is

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yeah miss jones uh i i i did you just hear the most recent uh uh testimony on behalf of the uh

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Yeah, Mr.

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zoning board i'm sorry the planning commission um i did hear that i wasn't aware but i

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but the information i'm getting now is that that it's an accurate that they that they included

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that lot on purpose but unfortunately i don't have direct knowledge of the of what happened

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when they re-zoned it prior previously because um again their recommendation is is residential

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and i'm wondering if that might change some of the mindset if it was zoned residential

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um

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i think what the yeah i think what the chairman is asking mary is that had

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and i and i spoke to mary about this and had asked if she thought it would be valuable to have

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the planning commission david facto in particular because david and i have talked about this project

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for quite some time to to speak at the community meeting to explain this to the community because

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sometimes that tends to land better than if it comes from me or the property owner um she had

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said that she didn't want that unless the community um had uh requested that and i think you heard

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from miss branch that if even if that was shared that it's not going to change the community's

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desire to have nothing be here so i i is the question mr chair that would the council office

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did the council office know that or would they think of it differently or yeah that's right yeah

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oh okay um okay so i'm sorry yeah if you can't answer it now i'm not trying to box you in here

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just a little taken back by the testimony on behalf of the planning commission right um so again um

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i just am getting information about that well that the zoning was purposeful the icmx um but

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that is the perspective of someone from our office and so it could just be you know two different

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memories of what happened, but that's from our perspective. The zoning of the ICMX was purposeful

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or they were fine with keeping it that way. And, you know, maybe the planning commission did,

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you know, has this recommendation that it should be residential, but at any rate,

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um it is what it is we are still you know supportive of the community um and

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uh and and just you know in their if you can understand their position in terms of

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the context and the density okay thank you thank you anyone else uh think i already asked the

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planning commission uh any further questions from the board no no okay mi 2020-001 i'm sorry mi

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2020-0001612839 west glenwood my vote is no my vote is no my vote is no

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my vote is no

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calendar number uh 3133 4200 monument road

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meredith ferlinger is the attorney

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meredith you've been promoted to panelists

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Hi, Meredith. Hi, Meredith. Can you put your name and address on the record, please, and spell your last name?

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Hi, it bounced me out, so I rejoined.

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Okay, name and address, please.

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Hi, Meredith Froeliger, F-E-R-L-E-G-E-R, 1500 Market Street, Suite 3500E.

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do you swear a firm to tell the whole truth and nothing but the truth i certainly do do you agree

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to wave and stip i sure do have you emailed an exhibit packet with uh ownership tax compliance

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refusal referral photos and or plans five days in advance of this hearing and have you met with

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the rco and do you have a letter yes to all of the above thank you you may proceed okay my word

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Myrna, before you begin, do you have a letter from the RCO you said, is it opposition or?

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It is. It's non-opposition. Can you see it up on the screen? My Zoom image.

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it's non-opposition can you see it up on the screen um my zoom image it might be just me i

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don't have anything on my screen i something just happened to my screen good in any event you is so

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the community yeah it's in non-opposition so um let me finish let me finish i'm gonna try to make

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this easy for all of us uh a letter from the district council person um we don't have a letter

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but they were in attendance at the meeting, and I believe that they are in non-opposition as well.

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Okay, so with that, if you could summarize, get everything on the record that you necessarily need, we can proceed.

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I will be very quick because it's telling me my Zoom meetings is not responding,

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and if I hit close, I'm going to get bounced.

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So hopefully it will at least let me get through the explanation here.

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This is simply for signage concerning the recently re-envisioned Belmont Behavioral Hospital.

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The photographs that I was hoping to show you, you would see the almost completed new hospital

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building that is for new six-story inpatient facility. Property itself is zoned CMX3 and

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And based on the zoning code would only permit two freestanding signs based on the number of buildings on the lot.

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They are proposing four freestanding signs.

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So, of course, one at each entrance, as well as a sign at the corner of Monument and Ford Road.

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The one other refusal that we have is related to Belmont's logo sign on the six-story building.

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that sign would be prohibited above the second floor windowsill. So it's one of those somewhat

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odd signage variance cases that if this sign were a few stories lower, you wouldn't see it,

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but it would be permitted. So of course, that is the basis for why we are here. I have a full

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presentation. So if you need it, I'd be happy to jump out and jump back in.

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just hold on uh i'm going to ask the board did we need any does the board have any questions

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no i have no questions is there anyone else who would like to speak on this uh on this case

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there are no hands at this time chair thank you planning commission

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good evening david facto city planning commission mr chairman members of the board the comprehensive

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plan recommends this property for institutional use we have no objection to granting these

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variances. Thank you. MI 2020-0031334200 Monument Road. My vote is yes. My vote is yes. My vote

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is yes. My vote is yes. Thank you. Thank you, everybody. Thank you. Calendar number 3117-4925.

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I'm sorry. I'm sorry. Meredith, your screen is kind of locked. Can you try to remove it on your end?

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it looks like meredith is locked if we take her back to be an attendee it'll automatically go off

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i changed her back to an attendee

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um pauline can you do anything when you're in here we go thank you here we go okay calendar

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number 3117 4925 north 5th street burn anastasios the attorney

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on the oath from earlier thanks frank

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verne has been promoted to panelists verne can you hear me

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i can hear you okay name and address please

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verne anastasio 1315 walnut suite 1006 philadelphia pa 19107

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you're already under oath have you emailed the exhibit packet with all the required documents

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you know what they are i have you may proceed thanks and i wave and stip and you do wave and

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step mr anastasio i'll ask you the same question do you have a letter from the rco

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yeah we're going to do real quick mr chairman uh is the letter in is the letter in how is the

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letter is it not in non-opposition it's in non-opposition it's for this is an application

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for a pharmacy here's all right here's yet here's the

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uh here's all right here's the uh here's the uh sales area the checkout the prep area of the

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office uh it's basically a uh commercial corridor to begin with so it's uh we're not asking for

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anything crazy and as you can see here that that's where the property is and i'm going to go right

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down to the letter from the new 42nd Ward Executive Committee, RCO, a letter of support.

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They believe the business will be a great personal touch to customers, would be a positive

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for the community, and they support our growth.

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And as a result, I'm asking that you vote yes, and I'm going to keep it at that.

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My client is here, Mike Patel.

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Mike, can you raise your hand so we can get you on the record?

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Mr. Patel, you can unmute yourself and speak.

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Good evening, sir.

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Please identify yourself for the record.

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Spell your last name.

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Mike Patel.

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Thanks, Mike.

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Can you spell your last name?

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P-A-T-E-L.

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We're in a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed, Mr. Anastasio.

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Thank you, Mr. DiCicco, Chairman DiCicco.

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Mr. Patel, did you hear my presentation to the board?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your testimony?

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Yes, I do.

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That's it. I rest.

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Questions from the board?

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No.

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Planning, I'm sorry, anyone else would like to testify in this case, please raise your hand.

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Chair, Mr. Richardson is here.

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Mr. Richardson, you can unmute yourself and speak.

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Mr. Richardson, they're still under oath.

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Please identify yourself for the record.

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Charles Richardson, Office of Councilwoman Cindy Bass from 312 City Hall.

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Councilwoman has no opposition to granting this variance.

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And good night, everybody.

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Good night.

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Stay safe.

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MI 2020-003117, 4925 North 5th Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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my vote is yes thank you i think we go to number 13 carol yes yes we do thank you all for a very

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long evening calendar number 3135 615 south third street the attorney is david orphanetes

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we have support from the rco and councilman squilla is not opposed with a proviso

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Thank you.

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Mr. Orphanides, you've been promoted to panelists.

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David, can you put your name and address on the record, please?

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David, can you put your name and address on the record?

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Yes. Can you hear me now?

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Yes.

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Okay, great.

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David Orphanides, Orphanides & Toner, 2 Penn Center, 1500 John F. Kennedy Boulevard,

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suite 800 philadelphia pennsylvania 19102 on behalf thank you i'll see the owner of the

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subject property do you swear if i'm to tell the whole truth and nothing but the truth

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i do do you agree to wave and stip i agree to wave and i cannot stipulate there was a minor

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okay and you'll explain that have you emailed the exhibit packet with the required documents

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yes you may proceed mr orphanetes i know that there's a letter of non-opposition

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both from the rco and councilman squilla's office uh with a proviso uh as you know we take all these

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cases seriously but in the interest of time if you could summarize whatever it is you need on

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the record then we can get this voted out quickly sure may i just share my screen quickly please

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can you see my screen now yes okay great um and and just to clarify this is sharon

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mr

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hello i'm sorry mr orfinis can you confirm that all the requested provisos are included in the

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revised plan no i can't um so the coordinating rco which has which letters letter is included

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with our package at tab two, do not have any provisors.

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The other, there's one other RCO with jurisdiction

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over this property, which is not the coordinating RCO,

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which is Queen Village Neighbors Association.

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They provided their letter after Friday,

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which was the deadline to submit,

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which on the 8th, I believe.

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And in their letter, their one proviso

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as a basis for the support, again,

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a basis for the support. Again, the coordinating RCO supports, and you can see that

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the coordinating RCO supports and you can see that

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right here at tab, excuse me one second, tab two,

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February 5th, and you can see the summary. We made a number of revisions to the design,

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eliminated rear yard depth refusal, lowered the height of the pilot houses,

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uh redesigned the whole ground floor front facade based upon the email that we had received from

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uh the coordinating rco which copied the um the other rco queenville's neighbors association

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if you can see there's no reference to a proviso in the letter from the coordinating rco south

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street head house district um the the letter that came in afterwards um from

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from uh queen village had the proviso that i'm showing on the screen right now regarding the

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front ground floor front the side has nothing to do with zoning and they wanted there's there's

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ground floor commercial non-residential and then there's residential units above we don't have any

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use refusal here um ground floor is vacant non-residential commercial right now because

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