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Hearing video

ZBA Hearing - October 27, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 27, 20203h 7m

that is commercial, which has significant commercial on the first floor, residential

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on the second floor. The proposed use is consistent with the neighborhood, and

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as has come up in prior hearings, affordable housing within the city is an important issue.

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And in this case, these units have, you know, our client has not raised the rates since he took over the property, despite the fact that, you know, he could get higher rents, but he doesn't have any intention of doing that.

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and the rents are currently between $5.25 and $6.25

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and adding an additional unit will continue to have the same economics

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as the remaining units in the building

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and is consistent with the neighborhood.

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They also intend they'd like to do some work to upgrade some aspects.

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They also intend they'd like to do some work to upgrade some aspects of the property that the prior owner had not.

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So they are intending to invest in the building and they are invested.

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They invested ownership in the neighborhood because they are.

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Mr. Oslick is a resident of the neighborhood.

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As I mentioned, this property was previously approved for six units.

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just two and a half or so years ago.

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So we would, and the prior owner was using it

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for six units legally, we would like to be able

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to return the building to six units

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consistent with the proposed plans.

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Excuse me, Councillor, do you have pictures?

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Yes.

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Let me, this is the front posters.

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Can you reduce, can you reduce the size?

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Yeah.

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Once I get down to the better pictures.

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Okay.

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Okay, so the property is on the corner.

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As you can see, the property next door is a multifamily property.

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The school is across the vocational school, is across the street.

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This is pictures of the block down the street. Many of these properties, 3112, 3110, 3111, I believe, are all apartments, commercial and first floor, just taking the very closest ones.

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and apartments on the second floor.

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There's an auto body repair down the street.

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This is the interior of some of the apartments.

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Obviously, they are occupied.

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The five units are occupied currently.

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We had intended to have one of the residents as a witness.

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Unfortunately, he had to take a side job, so he could not be available.

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But as I mentioned, the use, we don't believe this is an overuse of property, as it is consistent with prior approved uses in a multi-family district.

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Counselor?

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Yes.

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What is the trash removal plan?

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i believe uh mr oslick you could um correct me if i'm wrong but there is uh trash in uh there's

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a trash container in the backyard property that uh is fenced is that correct um there is a backyard

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of the property where we could put a trash collecting uh a trash bin we're open to it and

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there's a side where where's trash being stored now currently um i'm sorry you know what i need

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to get your full name on the record please spell it it's avram oslik um and i want just want to

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preface this last when we met spell your name your last name it's l-s-l-i-c-k you swear to

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for him to tell the truth the whole truth nothing but the truth i do thank you please proceed okay

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um when we bought this building the tenants take the trash out and there's two trash days on this

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corner because of uh clementine street and frankfurt avenue um the when we went to the rco

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the rco specifically said in the council person that was mr sakura's representative at the time

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said that they don't want trash being stored outside in this neighborhood they want it stored

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inside so in the plan modifications for this building we'll be adding a trash room on the

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first floor right by the to hold it inside as the neighborhood wanted that was one of the changes

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that we we made to the plans that appear on the plan yes it does okay can you show us the plan

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again i'm going to scroll up to the plan let me

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Make it a little bit bigger.

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Can you highlight the first floor?

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Can you highlight the first floor?

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I'm looking at the first floor is in the middle.

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Which one is the first floor?

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It's the second one in from the left.

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And if she scrolls up a bit, she's actually hiding the trash room right now.

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I don't see the trash container. It's got to be scrawled up.

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Right when you first come in, there's a trash room.

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that accessible for all units yes it's right when you come in the front door

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it'll be to the right of the building

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that room that is on the left and the hallway it says trash room if you look

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at the very top of the picture there's a doorway on the right hand side of the first floor plan

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And then the door is open, and then it says trash room.

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Is that a bedroom next to it?

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Yes, but it's not connected.

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It's part of the next unit over.

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You know how wide that bedroom is?

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One second.

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I thought it was 12 by 10.

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Thank you.

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it's nine it's nine feet by 12 feet this property is it is larger than the

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average row home in Philadelphia I believe it's 20 feet wide total thank

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you you I'm sorry miss how have you concluded with your testimony I have I'll

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just ask Mr. Oslick have you heard my testimony? Yes I have. Do you agree? Yes just one clarification

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when we bought this building it was set up illegally as a seven unit building and we have

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not um the units that were vacant we have not reoccupied them until we've come to a conclusion

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we've respected everything we've let the tenants that were in there stay there and we hope to let

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them stay there continually moving forward. Well how many units how many units is it now?

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The building is set up as seven units currently.

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How many tenants do you have?

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Five tenants.

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Okay.

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Thank you.

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I understand that, correct me if I'm wrong, Ms. Hamilton, we're still waiting for some feedback from the RCO?

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The RCO sent a letter when we were originally supposed to have this hearing and said that they oppose multifamily.

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so they were uh objecting to the proposal of the seven units we provided them with plans

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revised plans reducing the the units from seven to six and asked them to uh asked them if they

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wanted to have reschedule another hearing to review the plans uh i emailed them a couple times

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and i didn't hear back from them okay this this is sharon saletta we did have an email from

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councilman squilla's office um indicating that they were expecting this to be continued for

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further interactions with the community uh given that you might want to follow

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that may have been the reason for the confusion this morning but if we could perhaps schedule a

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follow-up hearing yeah all right uh any uh anyone any questions from the board no no anyone else

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anyone else would like to testify in this case if so please raise your hand

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no hands chair thank you planning commission

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good afternoon board peter bernard for the planning commission this

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Good afternoon board, Peter Bernard for the planning commission.

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This property is indicated for residential mixed use in the comprehensive plan.

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The property has a long history of being used for multifamily.

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Accordingly, we have no objection to the granting of the variance.

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Thank you. But because the councilman's office, there was some confusion.

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Am I, hold on please.

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mi-2020-0000373114 frankfort avenue this hearing will be resumed on wednesday december the 9th at

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9 30 a.m at which time we will consider any feedback related to the rco and the councilman's

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position that concludes the two o'clock list i believe i apologize yes december 9th at two

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o'clock 9 30 9 30 okay thank you thank you okay um that concludes the two o'clock list correct

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yes all right um i guess the stenographer one let's yeah sharon um that's correct there is

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only one case on the three three thirty list that is not being continued i know i don't know i was

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going to say let's go forward but i don't know if the stenographer needs a break hello hi this is

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a court reporter i'm good thank you yes i appreciate that thank you okay so give me a second

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we'll get in we'll go into yeah that'd be great all right hold on

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all right good afternoon again everyone my name is frank d chico i'm the chair of the zoning board

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of adjustment i'll be participating in today's hearing along with our board secretary mr

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confessor plaza and board members mr thomas holloman and mr james snow for those of you

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who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of

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what you can expect. First, we will be administering oaths to individual participants prior to their

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testimony. Second, for the benefit of anyone participating by phone, we ask that attorneys

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and witnesses identify themselves prior to speaking or testifying. Third, we'd like to advise everyone

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that this proceeding is being recorded and that by participating, you acknowledge your agreement

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to be recorded. Fourth, for anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star nine and then star six to unmute yourself. I'll repeat. For anyone

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

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

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267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat that as well. To enter an appearance statement, call Google 267-270-5548 and leave

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your email address and the address of the property at issue. With that said, we can begin, but before

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we call our first case we like to ask if anyone is requesting a continuance or an appeal listed

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for this afternoon's hearing i will read through a list of cases that have been requested to be

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continued and if anyone objects when i complete reading that list please raise your hand and

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state your objection uh mi-2020-000869 2037 south 56th street mi-00 excuse me mi-2020

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020-000777, 2035 South 57th Street, MI-2020-000314, 317 Spruce Street,

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mi-2020-00148648-62 east penn street

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mi-2020-0008715536 pascal avenue

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MI-2020-0008725534 East Paschal.

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five five three four east pascal i'm sorry pascal avenue pascal avenue east

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mr chairman i read off my letter read off a list of of cases to be continued if there's any

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objection to that mr chairman or two just for a clarification uh i think he said 2035 south

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57th street if i'm not mistaken it's 56th street right uh yes if i misspoke i apologize so i'll

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that into the record mi-2020-0007772035 south 56th street thanks buddy okay anybody object

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to any of those continuance requests no hands at this time chair okay so we'll go with number four

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on our list mi-2020-001266419 lighty or leidy street leidy avenue leidy avenue

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uh good good afternoon mr chair allen occamson of knockamson pc

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good afternoon um i see a notation this is reconsideration

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You're still under oath, Mr. Atkinson. I only on my sheet, all I see is appeal grounds based on appeal of calendar number three, eight, one, seven, one.

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uh yeah so what we're trying to do uh again alan knockum sim knockups npc 123 south broad street

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suite 1600 philadelphia pa 19109 uh what we're seeking to do is legalize a triplex

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well someone has a phone ringing in the background could you either answer it or

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That's me, Mr. Trey. I apologize.

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I waived the reading and the refusal.

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Thanks, buddy. I thought it was a consideration.

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You can waive the reading of his refusal and stipulate his accuracy.

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I do.

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Also, thank you. Also, have you emailed an exhibit packet with the required document,

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proof of ownership, proof of tax compliance, copies of refusal, or referral of folders and

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plans five days prior to this hearing? I have. Thank you. Also, have you met with the RCO and

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have a letter? My client has, and we do have a letter of support. Thank you. Please proceed.

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Hi. I'm here to present 4119 Leidy Avenue. Again, all we're trying to do is legalize this

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three-unit structure. I'm going to try to keep it rather simple. It's been a long day,

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i'm sure for the board um i'm just going to go to exhibit uh four um here's a refusal this is an

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rsa5 property uh what it doesn't show in its history though of this notice of refusal

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is a permit and i don't know why this is the case but there's a permit dated in 2008 to show that

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this is a three-unit structure um the only thing i can say as to why there you know there was some

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type of issue is that i looked at atlas.philo.gov and there seems to be a gap in the housing

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license for this property although i did talk to my clients uh briefly today um and uh he did state

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that they've always had a housing inspection license but i do know that lni has been uh

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definitely stronger in the sense of when there's a gap of three years with your housing inspection

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license, the zoning reverts back to the current designation, and I can only imagine that's why

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we're here today. My clients did meet with the coordinating RCO, and I have that here,

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a letter of support from Centennial Parkside Community Development Corporation. Pretty

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straightforward, simple letter of support. I have with me today Gavin Rogers, the owner's

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Representative, Mr. Rogers, can you virtually raise your hand?

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I mean, as an officer of the court, I can attest to the fact that my testimony is true and accurate.

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uh we'll stipulate to that thank you uh any questions from the board no no no anyone else

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We'll stipulate to that. Thank you. Any questions from the board?

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No.

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would like to testify in this case if so please raise your hand

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i'm sorry chair we do have a uh mr rogers okay mr rogers please identify yourself with a record

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first and last name spell your last name good afternoon my name is gavin rogers r-o-g-e-r-s

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i represent um my father in this matter are you on the deed i am not well we'll we'll take mr out

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mr knockinson's testimony uh because you have to be uh an owner okay my dad's 86 and no problem

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okay we'll just move on all right anyone else would like to testify

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no more hands at this time thank you planning commission

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hi good afternoon this is ariel de liberto with the planning commission

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ariel would you please identify yourself spell your first and last name yes a-r-i-e-l

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last name is d as in dog i-l-i-d as in boy e-r-t as in tony oh thank you swear and affirm to tell

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the truth the whole truth nothing but the truth i do thank you please proceed this property is

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indicated for residential single family in the city's comprehensive plan uh it is clear from

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materials presented that this property has a history being used for multi-family therefore

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we have no objection to the granting of the variance thank you mi-2020-001266

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4-1-1-9

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Leidy Street

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Leidy Avenue

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I'm sorry Leidy Avenue

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