civus
Hearing video

ZBA Hearing - August 25, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 25, 20203h 40m

Good morning, everyone. My name is Frank DiCicco, and I am the chair of the Zoning Board of

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Adjustment. I'll be participating in today's hearing along with our Vice Chair, Ms. Carol

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Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James

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Snell. Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are also in attendance.

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For those of you who have not yet participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect. First, we'll begin this morning's session

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by reading a list of cases to be continued. If you believe any announced case is being

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continued in error, we will give you an opportunity to respond.

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pardon me. After reading the continuance list and receiving any feedback, we will take any

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additional continuance requests. Then, once we confirm which hearings are being continued,

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Vice Chair Ms. Carol Tenere will begin calling the remaining cases listed for this session.

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When a case is called, we ask that attorneys representing clients or other interested parties

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in the matter identify themselves for the record.

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We will then hear the appellant's presentation, followed by any presentation by attorneys

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representing other parties.

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Interested parties and members of the public not represented by counsel will then be given

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an opportunity to testify.

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We will finally hear the recommendation of the Planning Commission.

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At the hearing's conclusion, we will either vote the matter immediately or hold it for discussion in executive session.

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Any case held for discussion will be voted at the next scheduled Wednesday morning session.

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Please note the following changes related to the virtual format.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

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identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded.

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Fourth, anyone participating by phone, if you wish to testify, you must raise your hand

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by hitting star nine and then star six to unmute yourself. I'll repeat, for anyone participating

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by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six

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to unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue.

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Again, I will repeat, to enter an appearance statement,

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call Google 267-270-5548

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and leave your email address and the address of the property at issue.

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With that said, we can begin.

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But before Vice Chair calls our first case,

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we'd like to announce that the following matters are being continued.

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Calendar number 39298-1216 West Lycoming Street.

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Calendar number 38267-148 Hansberry Street.

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Calendar number 38612, 2346 North 8th Street.

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Calendar number 38620, 2618 North 17th Street.

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Calendar number 39545, 1327 North 4th Street.

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Calendar number 38265, 4154 North 7th Street.

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Calendar number 39470, 4829 Longshore.

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Calendar number 39442, 6729 Martins Mill Road.

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calendar number three nine nine nine four one oh four six sydney street

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uh you have a note in here sharon that likely to be withdrawn we have an update on that

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all right those are the continuances

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all right those are the continuances for august 26th i'm sorry i was just checking that

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i'm this is the one i cut and pasted i must have given you the 26th instead of the

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my mistake my mistake i'm working by my phone i hit the wrong one i apologize

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so let's go over the continuance for today at 9 30 i apologize

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Calendar number 39884, 1201 Wharton Street. Calendar number 35019, 2530 North 7th Street.

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Calendar number 39878, 604 South 9th Street. Calendar number 38940, 6134 Carpenter Street.

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Calendar number 39717, 5400 Grays Avenue, and calendar number 39925, 925 South 3rd Street.

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Again, I apologize, I read the wrong date off originally.

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Okay, is there anyone out there who believes that we have announced the case to be continued in error?

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If so, give Tanya a minute to confirm.

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Tanya, are there any hands up?

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Yes, we have Brett Feldman.

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You can unmute yourself and speak to the continuances.

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Mr. Chairman.

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Good morning.

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Please identify yourselves by your name for the record.

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Sure.

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Mr. Chairman, members of the board, good morning.

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Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania.

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I'm just, it wasn't one of the whole truth and nothing but the truth.

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I do.

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I do.

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Thank you.

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I do. And it wasn't one of the continuances of your question. I have 12, 1, 2, 1, 3, 1, Knights Road. I believe it's number two on your list.

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Number one.

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Number one. I guess maybe I can even wait. I just want to confirm with the board that the board has no objections to me proceeding with this matter.

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We had a community meeting scheduled after many, many months of effort last Thursday.

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Unfortunately, the meeting started and unfortunately, it just they just stopped the meeting. We haven't heard anything further. I have have written to both the I've been close contact with the council person's office as well as the community group about proceeding on this case.

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and then whatever mechanism you have to hold that decision for a week or two if we can get this

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meeting up and running again. I represent Kid Smiles. It's a non-profit pediatric dental office.

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This is up in the shopping center from Franklin Mills. It's a CA1 or CA2 district. It's allowed,

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but there's the overlay for group medical. It's absolutely critical for this project that we have

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of this hearing. And then hopefully in the next week or two, the community group can reschedule

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the meeting. I don't know what happened, but we have put tremendous effort into having this meeting

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happen. And the meeting started, they stopped. We've heard nothing since then. And we've confirmed

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with the council person's office and with them that they had no objection to proceeding in this

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manner. All right. So is there anyone else, Tanya?

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Excuse me, this is Sharon Saleta. Mr. Feldman, then you would come back in one week or two

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and report the progress of the meeting. You would hold the record open and the

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council person's representative and or the community organization's representative would

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be able to also testify if they chose to. That would be great. It's just

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if the board chooses to go that way. We would agree to that and that's, you know,

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basically the representation we've made to these you know both the council person's office and the

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uh civic all right uh we'll go we'll be getting right back to you brett is there anyone else

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who believes that is there anyone who believes any cases were called an hour if so please raise

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your hand i have verne anastasio you can unmute yourself and speak thank you miss sunken uh good

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Good morning, Mr. Chairman, members of the board.

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Vern Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia, PA, 19107.

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

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I do, sir.

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I must confess, I was only half listening, and I did hear the address, 604 South 9th Street,

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and I just wanted to confirm that that hearing was being held this morning.

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It is being held, Brett.

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Thank you very much.

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um i originally called that out as a continuance so that was an hour it was okay

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I originally called that out as a

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all right anyone else thank you

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i have a attendee who's called in on the phone you're gonna meet yourself and speak to a continuance

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it says calling user one are you here to speak about a continuance

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if so press star six to speak

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no chair okay that's it all right

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I don't know what other hands are up, but Ms. Tenere, please call the first case.

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Calendar number 39872, 1223 North 7th Street.

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The attorneys are Stephen Pollack and Natalie Young.

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Mr. Palak, you have been promoted to a panelist, you can unmute yourself to speak and you can also

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share your screen as necessary and the same applies to Natalie. Okay. Mr. Palak, can you

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put your name and address on the record and then I have two other questions. Hi my name is Stephen

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Pollack. I'm located at 1500 JFK Boulevard, 2 Penn Center, Suite 1700, Philadelphia PA 19102

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and I am the attorney representing the applicant 1223 North 7th Street LLC and I have with me

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I hope that Rustin Oler is around

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I don't see him as a name

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but we were supposed to have Rustin here

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and also I have my associate Natalie Young with me

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and I have our principal Amit Azoulay

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Do you swear or affirm to tell the truth

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and nothing but the truth?

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I do Madam Vice Chair

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And do you also agree to wait the reading of the refusal

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and stipulate to its accuracy?

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Like I said before, my wife and the rabbi, I do.

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Oh, gosh.

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And Mr. Chairman, we'll do that on Friday night for Shabbat.

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There you go.

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Mr. Chairman, do I swear everyone in altogether?

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Everyone.

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Who's with Steve?

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Yeah, whoever Steve is bringing in as a witness,

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you can do that now, I guess.

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Yeah.

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I've got Rustin

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is here and

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I do not see

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Amit Azulay coming up

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though. But Natalie

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is there also? Natalie is here.

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Oh, there's Amit. Okay.

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I'm here. So do all three of you

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swear to tell the truth and nothing but the truth?

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I do.

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I do.

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When they get on though, they're going to have to spell

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their name for their record.

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Name and address. If Steve brings them up.

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All right.

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Okay, strike them. Okay, you may proceed. Okay. I guess I've been in front of the board

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for about 44 years, but I feel like a rookie today. This is my first Zoom virtual ZBA hearing.

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I would like to at least introduce Amit Azoulay, who is the principal for 1223 North 7th Street,

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LLC and the owner of the property. And my name again is Stephen G. Pollock, Esquire. I am the

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attorney of record for the applicant. Amit, will you, can we unmute Amit, or I guess he's unmuted

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maybe. And Amit, could you state your name and address for the record? Good morning, everybody.

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My name is Amit Azulay, which is A-M-I-T, last name A-Z-O-U-L-A-Y.

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And I would like to make a correction.

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The LLC is actually 1218, or 7th LLC.

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The property is 1223 North 7th, so I'm sorry to have confusion.

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Okay.

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And Rustin, will you state your name and address for the record?

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Yeah, Rustin Oler, last name O-H-L-E-R, address 1225 North 7th Street, Philadelphia, PA.

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Okay, and I'm not understanding the protocol.

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If I say we would like to call up a document, will Sharon be able to do that?

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Because I'm not prepared to share a screen, unless, Natalie, you are.

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unless Natalie you are. I can if need be but I was I it was my understanding that somebody on their

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I can if need be, but it was my understanding.

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end is going to be pulling the document up as you stated. No it's it's actually you who will be doing

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it sorry. I can do it. You can do it okay. I hopefully though the board does have our packet

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we've presented a packet that's A1 through A16 with photos A16 1 through 49. This is a request for

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or out at 7th and Girard, basically.

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I remember this neighborhood as a neighborhood

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when I wanted to get a good Belinser or Laca,

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I would go to the Ambassador Restaurant right at 7th and Girard,

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and it's right in that neighborhood.

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But what's happened is, as you can see from the various photos,

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the aerial photos that we have as part of our exhibit

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and through our photos, A16 through A49,

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this is an area where there's been a lot of demolition of old existing structures and the

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block is basically an open block except for a couple of there's a restaurant right at the

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corner of 7th and Girard that is open but other than that it really has been torn down and there

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are new structures that are going up now if you go to our document A7 and I think I believe it's

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it's page 42 you will see the structure that we want to build is a uh we'll have 31 uh apartment

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units um and 16 parking spaces we need three variances the use is allowed the number of units

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is allowed but we are going for a green roof and we are having a green roof that will meet the

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density bonus and as part of that green roof we are going to be uh required to file a deed

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restriction with the city so that the city you know it'll be always maintained now as part of

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that at 14602f in the in the code where the green bonus is we are and if we go to our

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you want to go to our packet natalie at a7 yeah i'm working on pulling it up once

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because of needing the green roof and rustin you can jump in and i'll ask you to verify

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this uh because of providing this green roof we cannot provide the simple little pilot house that

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you would be able to in a residential district that isn't doesn't count against the height

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so because of needing to provide uh commercial uh appropriate stairs that are adequate to allow

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people to come up there we go um yeah we can see seven so pull it down and go down you'll see the

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site and pictures of the site and go to page 42 I believe maybe it's the next one there that's

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that's the structure we'd like to build it'll be freestanding it will have rear access off of

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Marshall Street but because of the the pilot house if you see that white structure sort of at

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