civus
Hearing video

ZBA Hearing - July 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20204h 53m

the installation of antennas inside an existing steeple or spire of an existing building,

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and there is an equipment compound in the rear of the property that has a landscape buffer.

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The application required a referral because it's in the RM2 zoning district,

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So wireless telecommunications, even installation in an existing building, requires special exception.

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I would like to ask Sean Paul to start out.

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Oh, wait, I'm sorry.

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First, we do have the exhibits.

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So, you know, we have the portions of the lease.

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We have the certificate of tax clearance.

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At Exhibits 4, 5, and 6, we have photographs of the posted zoning notices from the previous schedule.

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I'm sorry.

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Ms. Quigley, could you share those?

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Is this the church on 4th Street between Washington and Christian?

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Ms. Quigley, could I let you know you were sharing your inbox right now?

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Oh.

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Yeah.

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Okay.

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I need to close out then.

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I'm going to stop the share and try this over again.

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We have all done this.

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Okay.

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Okay.

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so these are the plans I'm sorry I can't even get the I'm trying to get the exhibits up and

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doesn't seem to be working for me. Sharon can you see the um exhibit yet? Um I cannot but

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no

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see an architect's plan we see that's all i have

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wait yes we do

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i do see the plan now eileen yeah okay um

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i did submit obviously a whole packet of information

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oh okay try try your best to walk us through it i mean i don't know about the other folks

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i'm familiar with this church tom might be i'm not sure about the other board members but

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this is a church that's basically been there for a long time and it's tucked away within the

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footprint of the South Wark housing development, correct? Correct. So the spire is at least 90

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feet above grade, and I can have Michael Moore, the engineer, go through a little bit more of where

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the antennas will be placed. But as I said, they're going to be inside the steeple, so you

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won't be able to see them. The equipment compound is at the rear of the property. It's about a 10

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by 16 concrete pad and it has a landscape buffer so with that i would just like to have sean paul

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come on explain his educational background and his experience as a radio frequency engineer

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i don't know if we're going to need that i mean unless the other board members decide differently

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i think just frank tom yes does it have is it fenced in

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yes the compound has a fence around it yes how high is the fence

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i believe it's six feet okay thank you you're welcome and i yes i i failed to tell you that

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we do have a letter of support from the court from the rco and we have a letter of non-opposition

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from councilman squiller and i suspect that the purpose of this is obviously to bring uh provide

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the area around 4th and washington avenue beyond with better a service and provide some sort of a

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revenue stream for the church correct that's correct and i don't put words in your mouth

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i'm just trying to figure it right so this um has been sold and they're re having the um church and

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I believe it's going to be for residential uses. But if you see the coverage maps, it's clear that

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there is a real breakdown of service in this area. And with this new installation here in

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the church, it will provide more coverage for the customers in this area and even in-building

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coverage, because right now there's not even a lot of coverage within the building. So those

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houses that's surrounding there don't have full access to wireless and this particular installation

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is really crucial to providing customers in that area with wireless services and obviously it's

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something that AT&T needs to do pursuant to its licenses as well let me see if

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so with that and it would not it actually meets the criteria the special exception it doesn't

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cause any harm to the public health safety or welfare this installation like all the other

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AT&T installations which have been which have gone forward in Philadelphia meet the requirements of

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any federal guidelines and regulations and as I said it meets the criteria of the special exception

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for this particular property.

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Thank you.

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Is there anyone else who wishes to testify in this matter?

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If so, please raise your hand at this time.

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Nothing at this time, Chair.

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Thank you, Tanya.

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Any questions from the board?

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No.

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Planning Commission.

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Yes. Good morning. While this property is indicated for residential use on the city plan.

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good morning while this property is indicated for residential use on the city plan

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we have no objection to the granting and a special exception thank you ron calendar number

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three nine nine zero one one oh oh one south fourth street my vote is yes my vote is yes

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my vote is yes your service is right on time so my vote is yes great thank you may we enter our

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exhibits into the record please do so I request to move the exhibits into the

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record and with that that concludes my business may I please be noted thank you

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thank you have a wonderful day

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calendar number three nine zero eight zero one oh one that's one oh nine

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Ellsworth Street

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Zin Jin, you have been promoted to a panelist, you can now speak and share your screen as

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you wish.

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Mr. Jin, you agree to waive the reason.

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Then I already swore you in, so okay, confessor, I'm sorry.

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Yes, no problem.

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You agree to waive the reason if it's a refusal and stipulate to attack her seat?

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I do.

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Thank you.

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Good morning, Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia, PA, 19103, here on behalf of the applicant, Urban Real Estate Development.

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I believe my client is here as well. I will ask her to verify my testimony at the end of the presentation.

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This is an application for relocation of lot lines and the erection of five new structures

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to be used as single-family dwelling. This property is on the corner of Ellsworth and

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Front Street. I'm going to go ahead and share the screen for the information that

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is presented as part of this case.

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So this is the revised proposal based on our meeting with the community.

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The original application, the original proposal had the same five units, but we had proposed

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front-loaded garages as part of that proposal.

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So after meeting with the RCO, Pennsport Civic, we were asked to try to relocate the parking

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and provide parking within the units, particularly utilizing a driveway towards the back.

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And the main changes to the original plan is not the size of the units, but rather adding

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this driveway to the back of the five units, which would come off of South Front Street,

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and then maintaining the open space as we go up into the higher level.

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So the difference is that the first floor now would be covered 100% because of the driveway,

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and it allows a rear entry parking.

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If you look at the layout of the five units, the one on the corner has a slight cutoff on the shape

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because of the lot line, but the others are a consistent size.

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The reason why we're proposing five total units as the way to subdivide is because even with the five units, we're looking at a frontage width of almost 20 foot for each unit and almost 24 foot for the corner unit because of the angle.

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This is consistent with other single-family houses being built or is already developed on the block, both in width and in height and in overall size.

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Having less units or more units would make it less consistent to what is existing there.

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Ultimately, the community also agreed that this is a consistent design.

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The primary concern they had in their letter of support is to make sure that

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the units have the driveway, the one driveway, as a way for the cars to get

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in and out to the parking of the units. These are all single-family houses. I'm

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going to try to shrink this back down to make it a little bit easier to see the

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entire structure. This is a quarter unit. As you can see, there's a driveway

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rear parking. This is the basement level and this is the first floor where the

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living room kitchen unit and then the upper floor is

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kitchen unit and then the upper floor is the master bedroom as well as master bath and

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additional bedroom. The other units which are rectangular in shape are designed essentially

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in a similar format but also laid out in a very similar way overall. The height of these buildings

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are actually lower than the 38 foot that is normally permitted, mainly to keep it more

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consistent with what are the existing three story structures on the block. I'm going to

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try to get to the community's letter which is attached with our exhibits.

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I believe it might be the other direction. I'm sorry if I'm scrolling the wrong way.

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Yes, it's probably on beneath. Hold on one second. I'm sorry. I'll try to scroll quickly.

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This is the pictures of the corner. This used to be used for some time as a

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community center in the past, but has been vacant for some time. So this structure will be completely

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demolished and the five new single-family houses will be put in its

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place. My apologies for the rapid scrolling. I'm trying to get to the

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community letter. Here it is. So the Civic Association voted in support. We

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actually had multiple meetings with them. They did issue a revised letter which we

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just emailed to Sharon particularly explaining that they want to make sure

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we agree to the rear access parking and the one curb cut located on Front Street

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that is of particular importance to the community as far as the change in

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design. The plans that are submitted to the board now are the revised plans. I'll

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happy to answer any questions thank you anyone have any questions if you do so please raise your hand

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nothing at this time chair thank you questions from the board i'm okay

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that planning commission this property is indicated for residential use on the city plan

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based on the revised plans removing the front loaded parking we support the granting and the

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variance thank you ron if i may have my client um verify my please please identify yourself

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uh spell your name for the stenographer please you'll be a miss peggy tang

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Ms. Peng Tang, you can unmute yourself and speak.

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Okay.

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Hi.

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My name is Peng Tang, spells P-E-I-H-O-N-G, last name T-A-N-G.

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Can you also state your address for the record?

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The company address is 1726 South 13th Street, Philadelphia, PA, 19148.

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

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I do.

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Thank you. Please proceed.

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Thank you.

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Ms. Tang, you heard my testimony before the board.

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Can you verify that it's true and correct and adopted as your own?

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Yes, I do.

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Thank you.

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I confirm.

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Thank you.

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thanks all right Carol is it you said it was a revised plan yes these are revised plans I mean

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one page I believe the let me see Mr. Jim can I also ask did you submit the revised plans form

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I will we're actually preparing that right now I'm sorry no but they cannot vote it until that

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is submitted we need to review it and okay ensure that these are the kinds of changes that can be

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made by revised plans okay I can get that to the board to this morning

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actually we're where we have it here so I will get that over within the next 20

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minutes okay and we can hold the vote hold hold hold the vote until we get the

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plans yes okay so you get them to us and revision form yes and assuming that they

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yes and assuming that they are the kinds of changes that can be made without

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are the kinds of changes that can

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be made without further

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further review by L&I the board can vote it then okay to that is that is that

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correct I don't believe it triggers any new refusals it simply revises some of

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the refusals that were already on the refusal itself but I will get the form

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to the board this morning thank you thank you

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all right next case okay calendar number three nine four four zero 2018 fairmount f

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Mr. Anastasio, you have been promoted to a panelist. You can share your screen and speak as you wish.

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Morning, Mr. Anastasio. Do you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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Mr. Anastasio, please identify yourself with a record name and address, please.

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Good morning, Mr. Chairman, members of the board, Vern Anastasio, attorney for the owner, Aaron and Alexander Gray, 2018 Fairmount Avenue. My address is 1315 Walnut Street, Suite 1006, Philadelphia, 19107.

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

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I do.

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Thank you. Please proceed.

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Mr. Chairman, calendar number, well, let's get 2018 Fairmount Avenue. I've already submitted

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our exhibit packet. Exhibit A being the refusal. Exhibit B being the plans and renderings.

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Exhibit C being the photos. Exhibit D is a petition from the neighborhood in tremendous

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support. Exhibit E is-

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Are you able to share any of that with us?

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Hold on.

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yes I think I didn't mean to interrupt you but that's okay I thought you had

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I thought right give me one second

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my apologies technical difficulty

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Thank you.

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court's indulgence please no problem no problem i have the download on my laptop i'm just trying

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to figure out how to share it to zoom i confess this is my first zoom hearing so

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tony or some anybody have any advice for him we're going to click on the download

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Law, download the document at the bottom. You click on that and open it up.

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At the bottom of the Zoom? Where it says your letters are Anastasia Law, down at the bottom here.

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I don't see that. Right in the email, you can click on your document.

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Right there? Right there? Got it? Great. Okay, so exhibit A is the refusal. Plans are exhibit B.

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photos exhibit C, petition of overwhelming support exhibit D, we have a deed at

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exhibit E, and tax clearance for the applicant. The application is for an

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artist studio, an arts and crafts business, a gallery, do-it-yourself

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artist creative works, and also a space for art shows and receptions. The

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property is currently zoned RM1. We were refused because the art studio and

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