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Hearing video

ZBA Hearing - August 25, 2020

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

But as you can see, as you turn down the look east on this block, the entire block is three stories.

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There's a couple towards the end that are two, but the vast, vast majority is three stories.

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And most of them, as you can see from all the multimeters on them, are multi-use, at least two for most of them that we gathered walking the block.

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So we would just seek that variance asking for permission for two units to go in.

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that would be uniform with the block and provide some affordable housing for the

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area and I'll be happy to answer any questions and again mr. Tomasco was also

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the member of 1628 Ellsworth he is on the zoom with me any questions from the

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board? No. No. Anyone else who wishes to testify in this matter please raise your hand.

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Chris you can unmute yourself.

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hello that's chris just identify yourself you were already sworn in yeah chris tomasco

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i have no hands up here chair uh mr carl you want to ask your client if he adopts your testimony

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yes mr tomasco do you adopt the testimony i given this morning as your own

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yes i just wanted to make a statement go ahead so if you walk up and down the block

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there is multiple multi-unit uh buildings on this block probably at least 10 um three or four houses

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along the same side of the street are all multi-family then if you go to the opposite

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side of the street there's probably about 10 to 12 properties in a row that are all multi-family

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and they all have multiple electric meters

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out front to prove that.

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So we're just trying to conform

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like the rest of the block,

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where we want to change to be consistent

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with the rest of the block.

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Certainly we wouldn't have asked to do this

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on a block with all RSA 5 single-family homes.

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We understand that the city wants

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to keep consistent block to block.

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That's all I have to say.

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Thank you.

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Anyone else who wishes to testify,

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please raise your hand.

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no one at this time planning commission mr chairman and members of the board this property

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is zoned residential single-family the city's comprehensive plan recommends residential single

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family however there are already many two-family homes on the block therefore we do not believe

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the conversion of a single-family home to a two-family home will have an adverse impact on

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the block accordingly we have no objection to granting this variance thank you calendar number

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three nine six six two one six two eight ellsworth street my vote is yes my vote is yes my vote is

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yes thank you thank you calendar number three nine nine six one two zero one nine randolph

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street the attorney is isaac slepner

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Sharon Soleta, remind the board member that you heard, I believe, five other projects on the same block by the same developer last week. Thank you.

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Yes, thank you.

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Good morning, members of the board.

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Good morning, Mr. Slepner.

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Can you put your name and address on the record?

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Absolutely.

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Isaac Slepner with Mattione Limited, 100 North Independence Mall West, Suite 5A Northwest, Philadelphia.

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100 North Independence Mall West, Suite 5A Northwest, Philadelphia PA 19106.

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

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Yes, I do.

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

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Yes, I do.

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You may proceed.

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All right. Good morning, members of the board. As I mentioned, my name is Isaac Slepner. I represent

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the owners and developers of 2019 North Randolph Street, Randolph Estates, LLC.

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And with me somewhere here on the Internet is my client, Simon Shane, who is a principal of Randolph Estates, LLC.

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If you'll allow me, I will share my materials with you and we can take a look.

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So if everybody's seeing this, that's my table of contents.

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And we'll just begin.

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So exhibit one is our notice of refusal, which we've already stipulated to.

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The refusal is only for a use as my client proposes a two-family structure here in an RSA 5.

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Exhibit 2 is our plans, and I will rotate these so that everybody can see them properly.

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At the top of the page here is our front elevation, rear elevation, and site plan.

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And then below are the floor plans.

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Now, as I mentioned, this is proposed to be a two-family. The two units will be, unit one will be basement and first floor with basement level having a kind of open plan living room and one full bath, as well as utility closet and an egress.

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First floor has access to the rear yard space, bedroom, kitchen, and bathroom.

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And then the second unit is floors two and three, which you can see there on the right of the plan

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with access to the roof deck. And Simon, if you're out there, I believe these are both

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one-bedroom, but I will ask my client to clarify that. The upper level may be a two-bedroom,

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depending on how you interpret it.

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But we'll continue scrolling through my materials here.

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So Isaac, you would need your client to raise his hand so I can find him?

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Simon, raise your hand if you're on the Zoom, and they'll allow you to speak.

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Yes, I'm here.

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Simon, if you would just introduce yourself to the board, your name and address, please.

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Simon Shane, S-H-I-M-O-N, S-H-A-I-N, 307 Avon Street, Philadelphia, PA 101-116.

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Thank you.

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Simon, this is-

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We're infirm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Thank you.

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Please proceed.

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Simon, as I presented to the board, these two units at 2019 North Randolph, are they both one bedroom?

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The upper unit is two bedroom.

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The upper is two bedroom.

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Okay.

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Thank you.

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Exhibit 3 are our site photos, and I'll turn these as well so everybody can see them.

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Alright, Exhibit 3A, that's the site as it currently appears on North Randolph Street in the Norris Square neighborhood.

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This empty grassy lot that you can see at the rear there, it's a street-to-street lot with tires dumped on it and trash, that's our spot currently.

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um these are photos from fairly recently including the orange sign that have been

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taken within the last two weeks exhibit 3b i guess is a wide view of the block this

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van i think is in front of the next property which is 2021 north randolph i guess just to

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give you a context of what the block looks like and i know that the board hears a lot of cases

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but my client and I were here last week with proposals for identical developments on other

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lots on that block of North Randolph and at that time we took the board on a photographic

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tour through the neighborhood. Exhibit 3C are our photos of the orange signs planted at 2019

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North Randolph as I mentioned on 8-11-2020 so 14 days ago. That's just a portrait view of it.

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posted to a fence post there and a wider view of it

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with the orange sign posted to a fence post there.

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And a fourth one of a wide view

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posted to a fence post there.

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Exhibit four is our project information form.

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I'm sorry.

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Did anybody need me to go back to anything?

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Somebody please mute yourself.

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we hear other conversations thank you oh bear with me I gotta mute myself here

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Thank you. Oh bear with me. I gotta mute myself here. We're about to have dog barking

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we're about to have dog barking

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My apologies. Give me a second here

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All right project information form is a exhibit four over here as long as he stays quiet. I'll continue

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Our project information form, which was filed on 2-10 of 2020.

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Exhibit 5 is an affidavit of service that we sent the notice mailings out on August 4th of 2020, sworn and subscribed on August 7th of 2020.

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This is our letter to the community, informing the community of an RCO meeting with NARA Square Community Alliance that was supposed to have been held on August 12th.

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And here's everybody that was CC'd on that letter.

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That's our notice of refusal that we included with the letter.

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exhibit B to that affidavit are all the addresses, I would say about 100, that we mailed, maybe even

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more than 100. I think we've got like four pages there. Exhibit 6 is a letter from Norris Square

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Community Alliance in response to my email to them. On August 12th, we have been scheduled for

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an RCO meeting with Norris Square on August 12th. The afternoon of August 12th, Norris Square

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emails me and my clients to let us know that they are canceling on us, even though it was a

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zoom meeting they cited the weather conditions that day as a reason to cancel i emailed them

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back and i explained to them that we're going to the zoning board regardless and to their credit

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nora square sent me an email back and they said we have no opinion on this project and we would

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like you to go ahead to your zba hearing um i had actually we had discussed this uh with regard to

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my clients other properties on that stretch at north randolph street when we appeared before

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the board last week, but I was just mentioning it again because, like I said, I know that the

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board hears a lot of cases and you've got a lot going on. So this is that letter from Lisa Seguera

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of Norris Square to us, stating that they would like us to go ahead with the ZBA hearing, that the

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RCO has no official position. This is my email. My paralegal, Sarah Magaboy, printed it, but it was

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from me to the NARA Square coordinators of their zoning operation regarding their cancellation

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on us. And this is the original email from NARA Square's zoning coordinators to me regarding

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their cancellation sent on Wednesday, August 12th at 158 for a meeting that was supposed to have

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been held on Wednesday, August 12th, about six o'clock. So that's what we've got with regard

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to the RCO rather than an RCO letter having a position. Exhibit 7 is the deed to the property

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in favor of Randolph Estates, LLC. It was recorded in December 5th of 19.

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And this is the deed in favor of my client, Randolph Estates, LLC.

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Deed, real estate tax certs. And Exhibit 8, we had some trouble with the system,

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the city system producing certificates of tax compliance, but we ran a tax history on the

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property for our client Randolph Estates LLC for 2019 North Randolph. We went back to 1982

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and found zero tax liability through the present. So those are our materials.

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And if I may, I would just like to call my client Simon Shane for one further question.

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Harmon Zuckerman, Simon, yes. Did you hear all the testimony that I offered to the to the board today.

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Harmon Zuckerman, Yes. And do you adopt all that testimony as though you had offered it yourself. Yes. Thank you. I have nothing further. And if the board has any questions, we are happy to answer them.

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Thank you.

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Questions from the board.

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No.

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No.

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Anyone else who wishes to testify in this matter, please raise your hand.

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Chair, we have Sloan Folks from the councilman's office.

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Good morning, Mr. Folks. Please identify yourself for the record.

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Good morning, Chairman DeChico, members of the CBA. My name is Sloan Folks. Sloan, S-L-O-A-N-E,

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F.S. and Fire, or LKS, Office of Councilwoman Maria Quinonez Sanchez, Room 508 City Hall.

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Folks, do you swear to firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed.

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The applicants and coordinating RCO were scheduled to meet Wednesday, August 12th, 2020, but due to unforeseen circumstances, the coordinating RCO canceled the meeting.

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The applicants and coordinating RCO were scheduled to meet Wednesday, August 12th.

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Although the applicant has not met with coordinating RCO community, they have submitted a letter making the following declaration.

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We are requesting that the developer be allowed to continue through the ZBA without community meeting, while Norris Square Community Association RCO is neither in favor or against the mentioned developments on Randolph Street.

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We have all completed our best efforts, our best faith actions toward information, informing the community and attempting to hold a meeting to inform and show the future developments.

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In observance of this letter, I, Maria Keyona Sanchez, am submitting a letter of non-opposition. Thank you.

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Thank you, Mr. Folks. Planning Commission.

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Mr. Chairman and members of the board, this property is zoned residential single family.

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The city's comprehensive plan recommends a residential multifamily.

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We do not believe the addition of another duplex will have an adverse impact on this block.

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Accordingly, we have no objection to granting this variance.

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Thank you.

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Calendar number 39961, 2019 Randolph Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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Thank you, members of the board.

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I have nothing further.

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Have a good day.

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Likewise.

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Thank you.

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You as well.

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Calendar number 39685-4803 Walnut Street

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and calendar number 39684-4805 Walnut Street.

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The attorney is Roger Parry.

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hi there can you hear me now yes mr perry can you put your name and address on the record

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thank you uh my name is roger perry 734 south 4th street philadelphia pa

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19147. I'm representing Will Dore Tone, who is the owner of both 4803 and 4805 Walnut Street,

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which are separate refusals, but being heard today jointly by the board.

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

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I do.

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And do you also agree to waive the reading of the refusals and stipulate to their accuracies?

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Yes, I do.

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You may proceed.

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thank you I see I'm not on there but I'm not sure we hear you okay mr. Perry you

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could have a little line there thank you and I think somewhere on line is the

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owner will door tone this is a two properties that are mixed use in the

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4800 block of Walnut Street. Traditionally, they have been first floor commercial retail space with

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apartments above. What happened is that Mr. D'Orton's mother died, and he inherited the

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properties as they existed. We submitted those documents to the board, but apparently his mother

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failed to re-up the rental licenses for the commercial properties. Because these are in a

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residential zone district, the first floor retail properties require a variance for new issuances

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of rental licenses. As we've submitted to the board, if the board can review that,

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