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Hearing video

ZBA Hearing - August 25, 2020

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

this particular block is a series of first floor commercial properties in a district with

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apartments and I noticed that we submitted photographs and so forth and I don't see them on

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on my Zoom here. Immediately across the street, the high school is being renovated into

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new apartments, and there's another commercial apartment building directly across the street.

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Is there any way you can share any of this information with us?

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I don't see that we added this to the Zoom platform. That's what we need to do,

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and I don't see that that happened and that's my fault. We submitted these to the board last week

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but I don't see them on my my Zoom platform here. Mr. Perry this is Sharon Slotty. You would have

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to call them up and share your screen. Zoom you mean? Well on your desktop you would or however

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you are signed in you would call the documents up and yeah my documents are scanned as well i don't

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yeah my documents are scanned is all I don't have them on I think I have to

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have them on

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add them to the zoom platform I'm sorry soon Sharon you would just pull them up

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on your screen and Tanya would authorize you just share the screen but if you're

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not able to do that I'll try to email them to the board members now okay thank

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you um excuse me is it okay if i say something this is pauline from um hosting the meeting

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thank you please identify yourself pauline laughlin i'm hosting the meeting

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spell your name please p-a-u-l-i-n-e laughlin l-o-u-g-h-l-i-n

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tell the truth the whole truth and nothing but the truth

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I do

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she's IT

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oh I'm sorry

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that's okay Mr. Perry do you see

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a green square at the bottom

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of the screen

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oh I've lost you

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there's usually a green square at the bottom

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of the screen that says screen share

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now right now

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I've lost my screen I've only got zoom

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on here

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can you hear me because I don't have my screen up unfortunately sorry about that

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we can't hear you we can see you but

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did you hit the green button already

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no i've lost your i've lost my uh video

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well maybe you have to start over right no he shouldn't no

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you want me to re-file on zoom

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um it's up to the chair but if you wanted to continue your presentation i should either

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Sharon and I try to bring up the documents okay if you can I'll do this I apologize I don't know

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why it cut me off there why don't we do it we'll do it and if Sharon can share the documents that

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would be appreciated it's a relatively simple in this case the property has continually been used

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for decades as a retail sale with residential above and it's consistent with the other retail

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uses in the block. In this case, it's essentially a legalization. We went to the RCO Walnut Hill,

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they held a meeting, and they have filed as well a letter of support for both 4803 and 4805.

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There was a tax clearance for the properties in the package we sent to the zoning board of

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adjustment. So what we're asking today is that the board grant us a variance to continue

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what has been a traditional use. I would ask if Will D'Artone, are you on orally, Will?

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You can unmute yourself and speak. Yes, I am on. Hey, Will, this is Roger Perry. We're holding

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oral testimony here. Did you hear my testimony with regard to the traditional use of the properties

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and your inheritance from your mother? Yes, I did. Before you go any further, Mr.

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D'Orton, would you please spell your name for the record? W-I-L-H-E-M-D-O-R-T-O-N-N-E.

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You swear and affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do. Please proceed.

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And, Will, having heard my representation as to the continued use of the properties, do you adopt it as your own testimony? Is it true and correct?

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Yes, I do.

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I apologize for not having the photographs and documents up on the Zoom line, but the board does have them, and if there's any questions that I can answer, I'll be glad to do that.

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Any questions from the board?

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no no no excuse me anyone else wishes to testify please raise your hand

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no hands are up at this time excuse me tanya we have anything in the file from the councilwoman's

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office. I'm looking for it right now.

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I'm looking for it right now.

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um Sharon did you receive this I don't have exhibits I'm looking for I have exhibits but

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if there were a letter from the council person I would have noted it in the summary I don't think

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All right, we'll move on.

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Planning Commission.

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Mr. Chairman and members of the board,

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these properties are zoned residential multifamily.

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The city's comprehensive plan recommends residential multifamily.

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However, there are several businesses on this block already.

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We do not believe that additional businesses

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will have an adverse impact on this block.

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Accordingly, we have no objection to granting these variances.

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Thank you.

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calendar numbers three nine six eight five four eight oh three walnut street and calendar number

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three nine six eight four four eight oh five walnut street my vote is yes on both my vote is yes on

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both yes to both yes to both yes to both

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okay thank the board very much for your consideration thank you thank you calendar

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number 40063, 601

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Porter Street. The attorney is Henry Clinton.

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Mr. Clinton, you've been promoted to a panelist.

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you can unmute yourself and share your screen as necessary.

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Thank you, Ms. Onkut. Good morning.

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Good morning, Mr. Clinton. Can you put your name and address on the record, please?

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Sure. Henry Clinton, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.

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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 refusal and stipulate to its accuracy?

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I do.

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Thank you.

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You may proceed.

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I'm going to share my screen.

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can you see my screen now

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Mr. Chairman

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this property is 601 Porter Street

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I know you're familiar with the area

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It's at the northwest corner of 6 and Porter Street.

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It's been a long, vacant lot, an oversized lot, 16 by 60, and at one time it was landscape,

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but over the last 20, 25 years, it's fallen in disrepair, and it's been vacant and undeveloped

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since then.

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When I looked at the zoning records, let me show you an aerial view.

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So here is a shot looking, photograph looking west, make the screen bigger.

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It's at the corner right here.

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There's also another vacant lot at 603.

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This is an aerial view of the neighborhood and of the intersection of 6th and Porter.

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The proposal and the refusal concerns simply requesting that this property be used as a two-family dwelling rather than the zoning district of single family.

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I've submitted my evidence binder which contains exhibits A1 through A12, my

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appearance statement, the deed, our notice to the community and the community

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group at issue here is Whitman Council. We had a zoom meeting with the council

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last week. This is the refusal. There's only one issue. The proposed use of two

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There's only one issue, the proposed use of two-family is not permitted in an RSA-5 zoning district.

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the family is not permitted.

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This is our certificate of mailing.

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We mailed out over 208 mailings to all the neighbors in the area.

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Our tax certification, our application for appeal, project information.

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This is RSA-5 zoning.

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There is another duplex down on the west side of Porter Street at 625, which was recently approved for a duplex.

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We know that two family dwellings in this neighborhood, as a chairman as well aware, are not favored.

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We met with Whitman Council, and we also have a petition of support attached to my exhibit binder of neighbors in the area.

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There was concern that this lot has been vacant and really ill-kept for at least 25 years.

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When I went back into the zoning records, I was able to find records from 1954 indicating that at one time this corner was a tap room or bar on the first floor and a single family above.

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So two uses of this corner property is consistent with the past usage, even though the zoning doesn't fit.

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Whitman Council met with us. They understood that this lot was vacant for a long time,

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that no one has attempted to develop it, and they have issued a letter of non-opposition

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for us to move forward as a two-family dwelling. Also part of my exhibit binder or presentation

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binder are the letter, excuse me, is a petition of the surrounding neighbors in support of the

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project. I have plans. Here's the elevation. Whitman Council was impressed with the elevation

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and the detail, especially the brick detail, which was in conformity with the rest of the

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neighborhood. We had one entrance on Porter Street and one entrance on 6th Street. The floor plans

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are here. Here's additional photographs. And that's pretty much for the

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presentation. I can ask my clients without my testimony. I believe Keith of

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Tri-State Trimmers Inc. is on the line. Keith are you available to talk?

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Keith, can you unmute yourself?

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Hello?

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Anybody there?

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Yes, Keith, we can hear you. This is Hank.

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Yes, how you doing, Hank?

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Good. Have you heard my testimony today?

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Yes, I've heard everything.

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And if you had the opportunity to testify, would you adopt my testimony as true and correct and as your own?

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Yes, I would.

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With that, I got a little bit ahead of ourselves.

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I just need him to give his full name.

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Henry, give us a full name and address.

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Spell your name for the stenographer.

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Keith, you can do that.

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My name is Keith Pelousas, K-E-I-T-H.

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P as in Paul, A-L-U-C-I-S.

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I live at 3548 Meadowlark Drive, Huntington Valley, PA, 19006.

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You swearing a friend to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Thank you. Please proceed. And Keith, I'll ask you the questions again. Have you heard my testimony

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this morning? Yes, I have. And have you reviewed the presentation binder, which I have submitted

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to the board? Yes. And if you had the opportunity to testify and present evidence, would you adopt

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my testimony as true and correct? Yes, I would. With that, I would just make a closing statement

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to the board that we have a unique circumstance here of a large corner lot once used for a bar

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on the first floor, residential on the second. We're asking this to be two

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residential units. It is in conformity with what the neighbors want. It is in

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conformity with Whitman Council's desires and it is in harmony with the code and

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it's not detrimental to the public welfare. With that I rest, I ask that my

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exhibit binder be admitted into evidence. Thank you. Any questions from the

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board no no no anyone else out there who wishes to testify in this matter if so

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please raise your hand no hands up to you thank you planning commission mr.

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chairman and members of the board this property is zoned residential single

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family the comprehensive plan recommends residential single family however we do

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not believe a two-family home on a corner lot will have an adverse impact on this block.

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Accordingly, we have no objection to granting the variance. Thank you very much. Calendar number

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40063, 601 Porter Street. My vote is yes. My vote is yes. My vote is yes. 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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My vote is yes.

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Thank you very much.

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Good luck.

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Thank you.

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Stay safe.

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Calendar number 39878604, South 9th Street.

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The attorney is Vern Anastasio.

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Mr. Anastasio, you've been promoted to a panelist.

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You can share your screen and unmute yourself to speak.

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Mr. Anastasio, can you put your name and address on the record, please?

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Sure. It's Vern Anastasio, 1315 Walnut Street, Suite 1006, Philadelphia, PA, 19107.

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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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Do 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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Thank you. This is Mr. Chairman and members of the board.

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we're dealing with hold on for one second i need to share my screen and i'm having

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so verne if you open up your document and then hit the green button at the bottom that says

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share screen okay and then it should open up once you click on it hold on

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briefly all right I've opened up the document and now I'll share the screen

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and there it is. This is 604-606 South 9th Street. The application was for a pet grooming salon and

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a doggie daycare, animal services, no boarding, and a retail sale of pet supplies in the same

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space. This goes from 9th Street at just below South and goes runs all the way back to Percy

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street so there are two entrances one on the 9th street side and one on the south street side

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this is a referral and we're here we are here today seeking a special exception

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let's take a look at the plans and i'll walk you through the property

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Okay. Right here on the left is 9th Street. Here's the entrance to the 9th Street side,

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and it's a center entrance. And then if you take a look at the front section,

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