civus
Hearing video

ZBA Hearing - October 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20205h 56m

The permit number is 105-2070.

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The final position is one of support.

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The vote was 17 support, two non-opposition.

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It goes on to say,

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excuse my tardiness but i thought i sent the summary already thought i had it on my computer

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but i could not find it and it's signed by the representative of twelfth and cambridge advisory

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board and this is sharon saletta ms mcavoy did send us a copy of that letter this morning

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we apologize for the late submission no problem thank you able to get it thank you questions

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

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no hands at this time thank you planning commission

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no hands at this time thank you

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my name is greg waldman planning commission staff this property is indicated for residential

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use on the comprehensive plan this block has a long history of multi-family but we feel that

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six units is excessive at this location we do not believe that the applicant has proven the

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hardship exists for the increase to increase the number of units to six accordingly we recommend

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that six units not be granted thank you uh mr strompella i just want to go back uh did you say

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in your earlier part of your testimony that there were seven units when this property was purchased

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by your client when we purchased the property there were actually nine units one commercial

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and and um and eight residential units within the building and okay again immediately down

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the block there's a legal uh understood okay thank you mi 2020-000-135-1304 west allegheny

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avenue my vote is yes my vote is yes my vote is yes my vote is yes you okay next one up

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is MI2020-001104, 1325 Cotman Avenue.

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I have no hands up for this one.

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um the exhibits were submitted by mr tantella i don't have any attorney listed for this case

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though the property owner is an llc please raise your hand for this case if you are to present

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Is there anyone here to present this case?

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No hands?

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No hands.

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Thank you.

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MI 2020-001104 1325 Cotman Avenue is continued.

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Okay, next one up. It's MI 2020-000107-1410 Aldine Street.

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This is Sharon Saleta. If I can say I don't have a record of having received exhibits for this one.

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No hands are up either.

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Okay. MI 2020-000107. 1410 Alden Street is continued.

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This is Sharon Saleta again. If you can skip number seven, it's something that you heard as an add-on.

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Right. We'll go to number nine.

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Okay. MI 2020-00-1258-1910-9th Street.

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I have promoted attorney Vito Canuso.

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Mr. Canuso, you can unmute yourself and wait to be sworn in.

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Good morning, Mr. Canuso.

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Please identify yourself with a record.

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Spell your name, please.

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Good morning.

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Vito, V-I-T-O, Canuso, C-A-N-U-S-O, attorney for 1910 Associates, LLC, owner of the property, 1910 Pine Street.

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Wearing the firm to tell the truth, the whole truth, nothing but the truth?

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I do, sir.

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Thank you.

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Confessor?

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

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Yes, sir.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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Yes, sir.

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Also, have you met with the RCO and have a letter?

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Sir, we met last evening with the RCO.

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I spoke to the counsel for the Center City Residents Association prior.

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counsel for the Center City Residents Association prior to and during the meeting and they are aware

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of this meeting today I did not receive any notification that they have submitted a result of

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that meeting. Is there anyone from is this Center City Residents Association is anyone

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representing the center city residents association is there anyone on the line please raise your

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hand i have a wade albert wait you can unmute yourself and wait to be sworn in good morning

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mr albert please identify yourself and then i spell your first and last name sure wade a lb e rt

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albert um council for the center city residents association we're in a firm to tell the truth

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the whole truth nothing but the truth i do thank you i think you heard mr canuso uh you had a

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meeting last night do you have any uh results of that meeting yes we said we held the meeting last

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night and a letter was submitted late last night to the zba um i'll explain the position uh later

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but ccra took the position that is it is opposing the project okay thank you thank you so mr canuso

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please proceed yes uh as uh requested and as submitted we uh on behalf of uh the owner there

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was submitted a letter of authorization permitting mr sam morisi to act on behalf of the llc signed

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by um the other member of the llc victor paladino also submitted was a deed for the property the

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property information sheet, the notice we supplied regarding the Center City Residents

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Association meeting last evening. We've also submitted our letter to Councilman Johnson

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asking for his position regarding this project and have not received a response as of today.

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We presented the plans or layout for the property. Also submitted was a petition signed by the residents of the building in favor of this request. Also, photos were sent of the exterior of the building.

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Pardon the interruption, Mr. Knuse. Do you have any of those exhibits you can share with us?

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I don't have the capability of submitting them on the screen, Mr. Chairman.

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But they were submitted along with a tax clearance and a certification of mailing.

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What is the nature of this variance?

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What we're requesting is this building, which was purchased by my clients in 2012, has been operating with seven residential units.

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My clients have received regularly and operate under a residential license for six units.

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We're requesting of the board approval for the use of the building for seven residential units.

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As you can see by looking at the plans submitted currently and has been continuously operating from at least prior to 2012 when my clients obtained ownership, there is a basement area.

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Well, again, pardon the interruption. Again, the problem is we don't have any, the board doesn't have any plans to review as you're going through your testimony.

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Okay, this is Sharon Saleta, Chair. There's one use refusal for inadequate lot size for

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the number of units proposed allowed would be four units. They're proposing seven units,

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which would require a 2,880 square foot lot size. The existing lot size is 1,760.

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again i appreciate that but oh there i mean i just like to see the layout where where are the

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apartments are there any occupying the basement i'm that i'm um i possibly can uh try to get this

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uh plan that i have in front of me up on the screen which may be helpful if that's uh i'm

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I'm not sure of the technology as to how that's done.

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Sharon, I'm sorry if I could interrupt.

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Did you receive this packet?

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Because I don't see it, I could present it on a screen.

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I received an email with quite a few attachments.

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I received an email with,

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I can send you the floor plans if that would be helpful.

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And then I'll present for the chair at the board.

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Thank you.

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Thank you, counsel.

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I sent that email with all of the attachments I forwarded it the plans the floor plans are

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or Ms. Sunkit, the first exhibit.

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Nothing yet.

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No, Sharon, I didn't receive anything yet.

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I've sent it twice.

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I'm not sure

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what I can say can do.

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All right.

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In the interest of time,

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maybe we can go to Mr. Albert

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to get some of his testimony on

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and then we'll have to circle back.

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It's a little bit difficult,

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Mr. Canusa, for us to

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visualize the floor plan without actually seeing it. I can appreciate Mr. Chairman.

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Can I ask Mr. Canuso did you send this to the RCO ZBA as well? Yes.

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Robert may have it I'm not sure. So Mr. Albert if you're still there maybe we can you can give us

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what the center city residence association's decision was and let me take it from there

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thank you mr chairman um the the applicant explained that this is a property that has been

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rented uh for several years and just to be clear c-series opposition is not based on density

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um it is a dense neighborhood and we understand that there were two issues that the the zoning

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committee found troubling in this case one is that um while the relief requested right now before the

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zba is for a variance to have seven apartments on the premises um the applicant um represented

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that the property is licensed uh it has a rental license for only six six units and the belief of

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CCRA is that they likely would not oppose that if the request was only for six units they believe

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that um that it that there uh should not be a disparity uh between those uh how two different

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agencies in Philadelphia are handling this matter um and the other issue is that we did some

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homework after the presentation and realize that in any event, it appears that the rental licenses

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are actually expired right now, which was another thing that CCRA found troubling. So this is really

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a soft opposition. If there was an approval for six units, I don't think CCRA would have a problem

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with that. And if the owner of this property was to have an active rental license, that would also

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alleviate our concerns um we hope that you know we have not heard of any problems with the tenants

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who have lived in this property over the years so it's not it's not a nuisance property um

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But just based on the facts that were presented to us, we voted to oppose.

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but just based on on the the facts that were presented to us

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Thank you.

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Thank you.

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Mr. Canuso, trying to look at this floor plan, maybe they have to shrink it a little bit.

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Where is the seventh unit?

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Does it exist already?

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Yes, and is occupied, has been occupied since 2012.

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12. The seventh unit would be on the fourth floor. As I started, the basement does not

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have any living area, only storage and or laundry area for use by the tenants. There's

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a studio, one large studio on the first floor, along with a one bedroom on the first floor.

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So, again, not to repeat myself, the seventh unit already exists, so there's no construction or anything of that nature that would take place to create that unit, correct?

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Nothing physically to change in the existing situation.

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And this has existed since prior to 2012 and has been operated by my clients since 2012 when they acquired the property, as indicated on the deed that was presented.

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And we are just asking to legalize the current use as per the request filed with the L&I.

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Okay.

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Thank you.

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We got questions from the board.

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No.

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No.

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Is your client there?

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Mr. Sam Maurice is on, if he can be permitted to participate.

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Mr. Sam Maurice, please identify yourself with a record,

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spell your first and last name, and then I'll swear you in.

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Hi, this is Samuel Maurice, S-A-M-U-E-L-M-O-R-I-C-A,

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with 1910 Pine Associates.

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

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Yes, I do.

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Thank you, Mr. Canuso.

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Mr. Maurice, have you listened to my presentation here this morning?

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Yes, sir.

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As you adopt what has been presented to the board by me pertaining to this property at 1910 Pine Street?

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Yes, sir.

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Now, in addition to your affiliation with the owner of this property, 1910 Associates, LLC, you have an affiliation with APM Real Estate?

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Yes.

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And what is that affiliation?

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We are the property management company, also owned by the same owners of the building.

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And does that management company manage other properties in the area with similar configurations and usage?

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Yes, sir. We do have another building on 1814 Spruce Street with 10 apartments.

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We have another building on 1622 Pine Street with eight apartments, one at 244 South 21st Street as well.

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Very similar. Yes, we have about 20 properties in the area.

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And are all those operating in compliance with the zoning code and with the licensing requirements for the city of Philadelphia?

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Yes, sir.

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And have you ever had any problems or complaints from any of the adjoining neighbors or residents of the property since operating this property with seven units going back to 2012?

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No, sir. This is probably one of our most quiet, well-maintained buildings.

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And am I correct that we presented a document executed by all the residents indicating they're in favor of this application to the board this morning?

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Yes, sir.

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I have nothing further of this witness. I offer the witness to the board for questioning.

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Thank you. Questions from the board? No.

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no planning commission i'm sorry excuse me anyone else wish to testify in this case if so

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please raise your hand chair i'm promoting i'm sorry we have france pierre from the council

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person's office france you're gonna meet yourself and wait to be sworn in good morning mr pierre

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please spell your first and last name for the record and i'll swear you in good morning mr

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Good morning, Mr. Chairman and fellow board members. That's Franz Pierre, Jr. That's F-R-A-N-T-Z, last name Pierre, that's P-I-E-R-R-E.

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Chairman and fellow board members. That's Franz Pierre Jr.

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We're going to tell the truth, the whole truth and nothing but the truth?

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Yes, I do.

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And identify who you're representing?

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Yes, that's Councilmember Johnson's office, 2nd Councilmanic District, and I guess in this case, a zoning supervisor for the 2nd Councilmanic District.

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Nonetheless, I just wanted to put on the record that I have not received any correspondence in regards to this proposed development other than the letter of opposition that I received from CCRA.

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So I think there was something that was stated on testimony that petitions or communications were sent to Council Member Johnson's office.

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I have not received anything.

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So I just wanted to put that on the record.

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Thank you.

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Okay, anyone else who would like to testify?

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Please raise your hand.

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No more hands, Chair.

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Thank you.

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