civus
Hearing video

ZBA Hearing - February 10, 2021

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

any uh planning commission thank you chair to chico ian hegarty city planning commission chair

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It would be all right if I ask Mr. Anastasio a question.

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Anastasio?

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Yeah.

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Mr. Anastasio, out of curiosity, why didn't the client opt to try to split the lot into two parcels and then build two single-family homes?

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Seems like it may have been done as a matter of right.

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That was something he entertained.

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he decided to go this route because you know this is this is what he'd like to do and as

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you know again and your question proves my point uh that this is not unusual what we're proposing

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is is within the scope of the neighborhood uh if he decided to subdivide he could have built

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two single family homes uh he just would like to be able to uh to have the two homes on the one lot

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um thank you which is you know which is it's not unusual

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thank you mr anastasio um jerry chico and members of the board the proposed

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variance allows for construction of a building that we feel is um similar in use and form and

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function to a pair of uh single family attached twins in this rsa3 zoning district and so we

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have no objection to the granting of the variance. MI 2020-002452-2005 East Clibden Street.

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My vote is no. My vote is no. My vote is no. My vote is no. My vote is no. Thank you.

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calendar number 2447 2612 loney street

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we have someone by the name of live them eliza

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seems to be muted and you can speak

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Hi.

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Hi.

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

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My name is Lavdim Elezi, E-L-E-Z-I.

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And your address?

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500 North 18th Street, 19130 Philadelphia.

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500 North 18th Street, 1913-

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Thank you.

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

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Yes, I do.

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Did you submit your exhibit packet with proof of ownership, tax information, refusal or referral,

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photos and plans of the property 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 i have a letter and you've you have emailed all those other

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requirements in this is sharon's letter we did receive the documents

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you did okay okay you may proceed thanks sharon

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Okay, I just want to introduce shortly myself for this process.

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My family and me moved to the United States six years ago for the better future.

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we came from a country at East Europe and we came here for a better future

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especially for our children and the most important thing for my family is to have

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a house for my family and two years ago I bought this lot and seeking to build

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the house for my family a single house for my family there and the seller who

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sold the lot to me was the the first owner of the lot after it was subdivided and he gave to me

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a survey and the plan approved by the city planning commission for the setbacks and

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i gave this survey to i hired an architect to draw my project and after that i applied to the

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lni for the permits and i get refusal for the reason i will explain to the

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to the plans below i can proceed with the presentation this is the content and

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followed by the deed

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This is the deed and this is the certificate of tax clearance of mine and this is the refusal

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form. The refusal was made for the side setbacks, for the rear setbacks and for the concrete

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parking on the front of the house I will explain a little bit below about that

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and this is the application for appeal and this is the project information form

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and this is the list of the nearby neighbors needed to notify for the

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meetings and those are the confirmation for the notification of the neighbors and this is the

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confirmation from post office for notification and this is the a copy of emails we get from

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gba to adjust the meeting with the neighborhood and this is the notification of to the

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all the neighbors and the refusal form was attached with the notification to

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give more information to each of the neighbors and this is the copy of email from Mayfair

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Civic Association to arrange the meeting with them and here is a picture how the

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the lat looks is on the left side is an existing driveway and this is a zoning

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notice posted in front of the property and at this page we at the moment I

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submitted the to a zoning board of the presentation we didn't receive the

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letter from the Mayfair Civic Association yet we just received it yesterday and I will show you

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the letter separately

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let me let me

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yes this is the

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This is the letter from the May Pacific Association we just received yesterday and they support

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our project and the next door neighbors also support the project and there is just a provision

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to restore the existing driveway as a pavement and curb after the relocation and it makes sense

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and let me go back to the presentation.

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So the next here is the zoning map that show in the purple is my lot. The zoning code is RSD3

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on the right side of my property on the orange and in the front on the orange color are all the

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built apartment buildings with RM1 zoning code and the rest of the houses are all the single

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family houses as I am looking to build mine for my family and this is the picture of the same

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position that shows the apartments on one side and in the front and single

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houses on the other side and here is an explanation and explanation with

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nearby houses and especially the next door houses they both share to each

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other six feet side setbacks and most of the houses in this area share the

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same things from six to eight feet setbacks like my proposals is and i will show you later now

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and this is the survey i spoken earlier i get from the seller and the city planning commission

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have approved the sitbacks for my lot eight feet on the side setbacks and 15 in rear

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And you can see that the side setbacks for my next door property are 6.1 and 5.1 feet.

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They share the same distance with each other.

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And I am asking for 8 feet on the side setbacks.

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and this is the stamp on on the survey and the plan from the Philadelphia city

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planning when the lot was subdivided first and this is a picture that stays

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that on the right side there are apartments and this is how all the the

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people there parking cars in the concrete parking in the front of their

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building like what i am requesting to do to my case this is in the in the front of the my lot

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is the same situation all the park concrete parking in the front of the building and

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And this is my propose and my lot is non-conforming and we have to use eight feet and the side

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setbacks and here is the existing driveway which we want to relocate to this in the

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center of the house and to use this concrete parking as a park and at the

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rear at the rear setbacks if we measure from the facade of the house it would be

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25 feet at this point and 23 feet at this point because the lot is not in

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square and if we measure from this deck is a small deck here done by the

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architect the dimension will go 18 feet with 16 feet and this is the front elevation of

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my house and this is the picture how it will looks after it after the builds i think we keep

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We kept the, to match the forms with the apartment in one side and at the side of my house are you siding to, let's say, to be a bridge between apartments in the right and the single houses, like me, would be in the left side.

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left side and here is another picture to show the benefits from the public and

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And here is another.

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the neighbors. Since the lot is unoccupied I often found the shopping

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cars and other staff dumped in the front of the lot and I have to take

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care to for them and to to resend them to to the market and to take care and i believe that

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if the house would be there nobody will do the same thing again and this part of neighborhood

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is going to improve at all and this is the end of my presentation thank you thank you

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questions from the board no no no anyone else like to testify in this case if so please raise your

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hand i see no hands chair thank you planning commission thank you chair chico members of

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the board this dimensional variances here wouldn't conflict with the characteristics of the

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surrounding neighborhood and so uh planning commission has no objection to the granting of

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variance. Thank you. MI 2020-002447 2612 Loney Street. My vote is yes. My vote is yes. My vote

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is yes. My vote is yes. My vote is yes. Calendar number 2345 3862 Manayunk Avenue.

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thank you so much for everyone i appreciate you good luck to you

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we have a ryan mclaughlin here he's been promoted to panelists

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ryan can you put your name and address on the record please

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if you can hear me

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Hello. Yes, this is Ryan McLaughlin. My address is 3862 Maniunk Ave, Philadelphia, PA, 19128.

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

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Yes.

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

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Yes.

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and have you emailed the required packet with proof of ownership tax info refusal or referral

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plans and photos of the property 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 you may proceed

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okay thank you oh sorry my video just came up thanks for having me everyone um is my screen

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share working? All right, I can do that right now. Now. And there's also a letter of support

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from the Wissahick and Neighbors Civic Association. Correct. So I will start at the top of my

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presentation with my deed. Scrolling down. Let's see what's next. This is my tax certification.

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or I'm sorry, no, that's still my deed. Let's see. Title policy is still on my deed.

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Okay, this is my tax clearance certification for the zoning board. Here's a sitemap. Basically,

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what we've done here is my wife and I got renovated this house in 2019. We live upstairs

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and we created a mother-in-law suite in the basement with the intention of one day going

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for a variance to make it a legal apartment um so we've requested a zoning variance to make this

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a legal two-family home um this is the site map for the for the um the bottom level floor which

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we've converted um in the basement or this is the floor plan the site map is here um the entrance

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comes from manor street at the bottom here sidewalk here through this alley and this is

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the entrance to the apartment um which will be more visible um in the photos which you can see

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here um as you can see the egress meets meets code standards we built it you know to meet um

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to meet code uh bathroom this is the rear of the building which would be the entrance for this

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apartment seen here from another angle this is my application for appeal

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scrolling through project information form this is my notice of refusal job

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This is my notice of refusal, which I've included, notification to the neighbors here of the public meeting, which was held a couple weeks back, fulfilled everything here.

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included

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i also included my ledger of all the notified neighbors our oh here's another something else

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i added to to show that the zoning um that we're requesting isn't completely uncommon for right

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within the immediate proximity of our house um with the exception of the two triplexes most of

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these are single families that i believe received a variance at some time in the past they're very

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very similar row homes like ours, all very close.

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We presented this at our neighborhood meeting.

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We did very well.

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Seven members of support, I'm sorry,

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seven to zero and zero in support by RCO board members,

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13 neighbors in attendance.

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We have a really strong presence in our community.

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We have a lot of, we're very active.

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We do a lot of cleanups and whatnot.

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We work with a lot of the neighbors

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in maintaining the nearby parks, sidewalks,

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everything like that.

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so we had a great show of support 13 in attendance we also had i think three or four letters of

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support which weren't included in this um but i do have a letter from joseph bergen who is the um

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rco for our wissahickon neighbors um here's his letter of support i don't know if you need a

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chance to read that or not i think you already have would you like me to pause on this or should

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keep going you can keep going thank you i believe that's the end of my presentation i'm sorry if i

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went too fast thank you yep any questions from the board no no no anyone else like to testify

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in this case please raise your hand no hands at this time chair thank you planning commission

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Thank you Chair Chico, member of the board, Ian Hegarty on behalf of the City Planning

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Commission. This property is in a single family residential district and no change has been

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proposed to the zoning. We just really don't feel that the proposed variance is necessary

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to enable viable economic use of the property. Excuse me. And so we would recommend that

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the board deny the variance. Thank you. MI 2020-002345. 3862 Maniunk Avenue. My vote

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is yes. My vote is yes. My vote is yes. My vote is yes. My vote is yes. Calendar number

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4 0 9 6 7 4 0 1 1 richmond street did we get exhibits

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i have no record of having received exhibits and this is the third listing

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4 0 1 1 richmond street

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no hands at this time chair thank you mi 2020-000967

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4-0-1-1 Richmond Street. My vote is to dismiss.

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My vote is to dismiss. Dismiss. Dismiss.

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Dismiss. Calendar number

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2446, 428-30 West Thompson

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Street.

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I think that's the Leo

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Mulvihill case.

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This is Sharon Saleta.

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Mr. Malvahal had technical difficulties with submitting his exhibits.

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He is sending them today.

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We can either hear it now and vote it in the afternoon after receiving the required documents

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or put this off until 2 o'clock.

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Yes, good morning, Chairman and members of the Board.

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We're going to have a lot of stuff at 2 o'clock, so I'd rather hear it and then take the vote.

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Your Honor, I'm sorry, Your Honor.

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Chair, if we can just put this on hold, I'm not sure how many more cases there are,

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but I'll have this over to Ms. Sulek in a few minutes.

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If you forgive me, I'm still recovering from surgery,

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and I had a heck of a week that I will discuss with the board on the record

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once I actually present this case.

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Okay, we'll move you back a little bit.

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All right, thank you.

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How many members of the board, how many more cases are there right now,

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just so I know how much time I have to get this in?

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