civus
Hearing video

ZBA Hearing - October 20, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20205h 24m

Please identify yourself with a record.

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Good morning, Mr. Chairman. Ryan Boland, 1801 Market Street, Philadelphia, PA, 19103.

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Good morning, Mr. Chairman.

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Ryan Boland, 1801 Market Street.

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And it's Ryan, R-Y-A-N, last name B-O-L-A-N-D.

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Correct. Thank you.

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And do you swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Please proceed.

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I'm here today on behalf of the owner of the property and the applicant, G.B. Vestors, LLC.

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And as Ms. Saleta said, this is a remand by consent of the parties from the Court of Common Pleas and the Commonwealth Court.

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I'll just give you a 30-second overview.

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The Zoning Board previously granted a variance for a duplex and relief for the requirement of one off-street parking space per unit.

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That decision or those variances were affirmed by the Court of Common Pleas.

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It then went up to the Commonwealth Court, and the applicant agreed with the appellant to have this remanded if the duplex was, instead of a duplex, reduced to a single-family home.

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The only reason we're here today is because under an RSA 3, for some crazy reason, we're required to have off-street parking.

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The only way to do that is to have a driveway, which there aren't any on the street the neighborhood does not want.

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So we're here today on remand just for that limited issue.

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I would like to move all of my exhibits into evidence.

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Everything else relating to the grant of these variances is already included in what I submitted to the board.

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I'm happy to go through things in further detail if the board would like.

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But I don't think that would be necessary.

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Excuse me, Mr. Bolin did also submit revised plans.

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Right.

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So should you approve this?

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three pages how many there's three pages of revised plans

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okay all right um does the board have any uh questions or would like to see any of the exhibits

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no um this is sharon saleta though the um the revised plans do show a single family home

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it might also make sense to add a proviso of saying single-family home only.

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Do I need more language than just single-family only?

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No, that and revised plans, three pages.

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All right. Do we need planning commission on this, Sharon?

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I guess they can weigh in if they choose to.

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All right, I'll ask.

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David, Planning Commission?

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Sure, we can do so.

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Good morning, David Fecto, City Planning Commission.

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Mr. Chairman and members of the board, this property is indicated for residential use in the city's comprehensive plan.

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We have no objection to granting this variance.

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Thank you.

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um mi-2020-001463 928 south st bernard street my vote is yes uh with the following proviso

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i'm sorry chair yeah i'm sorry a head just came up i guess in this case i thought i already asked

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i apologize yes a couple people now what else would wish to testify in this matter please

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Carrie, Nace, Post, are you here for this?

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I am. Can you hear me?

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Okay. You can be sworn in by the chair.

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Ms. Post, please spell your name, full name for the record.

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Sure. Attorney Carrie, C-A-R-R-I-E, Nace, N-A-S-E, hyphen, Post, P-O-U-S-T.

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Attorney with the law firm of Fox Rothschild.

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Address is 2700 Kelly Road, Suite 300, Warrington, PA, 18976.

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Here this morning on behalf of the Interested Party, Melissa Johanningsmeyer.

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

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Yes, I do.

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I'm sorry I overlooked you. Please proceed.

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No problem. Thank you. Thank you for your time.

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I just wanted to go on record indicate that we have worked with the applicant on the revisions

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of these plans. Ms. Johanningsmeyer is in support of the variance to reduce the parking that is

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required, subject to the provisor that only one single-family home be constructed on this property

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and that it be developed per the plans that are before you this morning, specifically that the

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front of the house is built flush with the adjacent property located at 930 South St. Bernard Street.

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Thank you. Mr. Bowen, I assume that the revised plans address those concerns?

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address those concerns correct and they they do mr chairman there's a specific note on the plans

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Correct. They do, Mr. Chairman.

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that they will verify in the field to ensure that the fronts are equal between 9 30 and 9 28 south

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st bernard thank you anyone else who would like to testify in this case if so please yes chair we

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have spike spike you can unmute yourself and wait to be sworn in thank you uh please spell your

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first and last name identify yourself s-p-i-k-e-a-l-e-x-a-n-d-e-r spike address and your address

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924 south saint bernard i just wanted to swear and affirm to tell the truth the whole truth

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nothing about the truth? Yes, I do. Please proceed. I just wanted to ask a couple of clarifying

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questions. So it sounds as though you have granted that they do not need to require a driveway for

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this property. Is that correct? That's what the applicant is requesting. Okay. So, and it will be

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just the single family home as well that again is being uh memorialized in the uh revised plan

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as and as a proviso okay okay so no garage no driveway single family unit

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just wanted to make sure that we have all those things correct considering that we are not

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seeing any of the revised plans um being shared with us today

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um mr boland testified on their oath to that and and he reiterated that to the previous

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uh a person who asked about it as well yeah okay just wanted to make sure that we were

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absolutely we have a few neighbors on the phone who wanted to be clear on that so thank you very

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much thank you mr boland do you have anything to add i have nothing further mr chairman

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

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no more hands at this time thank you um did i get the planning commission on this one

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yes chair you did we did right okay uh mi-2020-001463

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928 south st bernard street my vote is yes with the following proviso

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single family only

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one single family only

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and revised plans

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three pages approved today

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did I leave anything out?

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No, that's it.

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Yes, with proviso

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yes, with proviso

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thank you

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thank you for your time

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I believe that concludes the 9.30 session

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yeah nothing else okay any other unfinished business

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i don't have anything thank you okay then case we will see everyone back here at two o'clock

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okay thank you good afternoon everyone my name is frank de chico i'm the chair of the zoning

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

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Mr. Confessor Plez and Mr. James Holloman. Board Administrator Tanya Sunkit and Board Attorney

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Sharon Saleta are also in attendance. For those of you who haven't yet participated in one of our

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virtual hearings, I'll go through some of the basics of what you can expect. First, we will

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be administering oaths to individual participants prior to their testimony. Second, for the benefit

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of anyone participating by phone we ask that attorneys and witnesses identify themselves

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prior to speaking or testifying. Third we like to advise everyone that this proceeding is being

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recorded and that by participating you acknowledge your agreement to be recorded. Fourth anyone

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

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and then star six to unmute yourself i'll repeat for anyone participating by phone

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

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yourself finally to enter an appearance statement call google 267-270-5548 and leave your email

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address and the address of the property at issue i'll repeat to enter an appearance statement call

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google 267-270-5548 and leave your email address and the address of the property at excuse me and

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the address of the property at issue with that being said we can begin but before mr plaza calls

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With that being said, we can begin, but before Mr. Plaza calls our first case, we'd like to ask if anyone is requesting a continuance or withdrawal of an appeal listed to be heard this afternoon.

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our first case.

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If so, please raise your hand.

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Charles Richardson you can unmute yourself and speak to a continuance good afternoon Mr. Richardson

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identify yourself you're still on the oath from this morning good afternoon Mr. Chair Charles

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Richardson from the Office of Councilwoman Cindy Bass, Room 312 City Hall. MI number

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2020-000968-4240 North Broad Street spoke with the RCO and neither of us have received

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any communication from the applicant and we would like to have this continued.

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that's 4240 north broad yes sir this is sharon saletta i also did not receive any exhibits for

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this thank you is there an applicant or an attorney present on this case

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okay we have the applicant

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please identify yourself the applicant spell your first and last name and give us your address

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we can't go forward with her for a minute she is not she has an old software and we'll allow her to

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speak either way we don't have any material so we're gonna have to continue it I mean she wants

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get on record that's fine miss stanley uh you have to unmute yourself ma'am

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here we go

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a fan it's off now okay i'm sorry

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there's a request getting feedback you have a radio or something or television

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you have two devices on okay for purposes of this chair i muted her so that you can let her

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know what's going on thank you miss stanley there's a request by the councilwoman's office

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uh to have this case continued and it's also been uh mentioned by our attorney that she did not

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receive the uh your documentation in in due time if you wish to speak to that you'll have to unmute

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yourself and spell your first and last name and give us your address miss stanley could you first

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turn your volume down a bit and then unmute yourself hello sarah stanley pm volume down

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is that better

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uh a little bit a little bit more yeah lower please okay how's that a little better i think

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let's try it first did you hear did you hear my statement

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i can hear you uh tanya try muting her again maybe i can get through

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thank you miss stanley there is a request from the councilwoman's office

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councilwoman bass's office uh to continue this case uh and there's another issue according to

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our counsel, Ms. Sharon Saleta, we have not received

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your necessary documentation in order to proceed with this

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hearing. Do you understand what I'm saying?

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Hold on. Wait, we have to unmute yourself.

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Yes, I do. I understand you.

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Okay, so this case will be continued. Okay.

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Thank you. So MI-2020-000968

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4240 North Broad Street is continued.

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Any other requests for continuances or withdrawals?

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Any other requests for continuances or withdrawals?

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No hands up at this time.

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However, I do have one for number 11 on your list, 2309 to 13 of Broad Street.

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this was previously continued as an attorney moving party and actually scheduled an era so

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this will go continue to go forward as attorney moving party okay mi 2020-000801 excuse me 2309-13

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north broad street uh it'll attorney moving party

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and that's all i have chair thank you what number was that frank number 11 thank you

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and uh confessor i'm gonna go uh we got a request to hear uh case number on page number three first

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the attorney has another appointment so uh let's go to number three on your list

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339 North 11th Street

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Alright, I'll read that in

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So it's

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MI-2020-000284

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339 North 11th Street

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Thank you

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Yvette Benton

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Sean are you the attorney

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Yes

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Sean you saw a friend

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To tell the truth the whole truth for nothing but the truth

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Yes I do

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

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I do with the only modification to that statement that it's actually no refusal.

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It's only a referral for a special exception.

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Awesome.

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Okay.

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Have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copied the refusal of referral, photos, and plans five days prior

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to this hearing?

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Yes, I did.

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Also, have you met with the RCO and have a letter?

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Yes.

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Actually, I have two letters from RCO.

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please identify yourself for the record all right thank you very much uh sean whalen here s-e-a-n

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last name w-h-a-l-e-n from vintage law on behalf of the owner and applicant

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address is six coulter c-o-u-l-t-e-r avenue suite 1000 ardmore pa 19003

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And I have what I hope is a nice simple application for you today.

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Two more intimate cabaret and cocktail spaces above an existing neighborhood bar.

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There are no refusals here.

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It is just a special exception because we're seeking to add more than 50 people.

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the property is I'm going to go ahead and share my screen

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so right now you should be able to see the notice of referral as you can see it's just

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one referral because we're seeking to have more than 50 people the property itself oh sorry I

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I should say most importantly,

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we met with the Philadelphia Chinatown Development Corporation

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as the coordinating RCO.

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There were actually representatives there

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of three other RCOs.

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All of them were in support.

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