civus
Hearing video

ZBA Hearing - October 20, 2020

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

frankie muted

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number 14 page number 14 100 herman street okay calendar number mi 2020 dash 000 809 100 herman

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street as you know you're still on the road yes you agree to waive the reading of his refusal

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and stipulate to attack her scene?

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I do, Mr. Plaza.

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Also, have you emailed your exhibit packet

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five days prior to this hearing?

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Yes, I have.

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And you have met with the RCO, correct?

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Yes, I have.

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Thank you. Please proceed.

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Please, I apologize.

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May I interrupt?

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It was brought to my attention

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that the Planning Commission's recommendation...

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And you're muted.

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chair you're muted

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93 herman street planning commission

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good afternoon peter bernard for the planning commission

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this property is indicated for single family residential use on the comprehensive plan

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the application represents an inappropriate overuse not consistent with adopted district

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plan or enacted dimensional standards additionally we do not feel this vacant property represents

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of hardship accordingly we do not recommend that the requested variance be granted.

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MI-2020-00084693 Herman Street my vote is yes. My vote is yes. My vote is yes.

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Thank you. Now we can go to 100 Herman Street. Thank you Tanya. Thank you Mr. Chairman.

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Ms. Sunkit, I've shared my screen.

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Can the board see my new cover sheet?

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Yes, Mr. Clinton, it's perfect.

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Thank you, Ms. Sunkit.

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Again, this is my table of contents, exhibits A1 through A11.

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Appearance statement, deed indicating Tower Hill Investments, LLC.

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Mr. Bilyeu is still on the line.

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He's a principal in this organization.

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Notices to all the community.

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Again, here's a refusal, which I will address at the end, our mailing to 144 neighbors, tax certification, notice of refusal is very similar to what I just presented at 93.

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Again, the issue is parking and use, a little bit different variation here on the open area and parking at the rear.

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For whatever reason, the L&I examiner indicated that the 20 feet was required.

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We have certainly our yard space is far greater than that.

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And again, I'll raise the same issue on the front setback.

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And again, I'll raise the same issue on the front setback.

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If we set the house back eight feet, it would really be out of character with the other

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If we set the house back.

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houses on the block.

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And this would really shrink the property.

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So here's our application for appeal.

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Project information sheet, zoning map, indicating 100 Herman Street, right on, again, this is

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a corner lot, very wide, 17 feet, six inches, and very deep.

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Here is the same letter I presented at 93. As I said to the chairman earlier, when we presented 93, 100 was presented at the same time. And it's basically a duplicative letter. In fact, it's one letter addressing both properties because the provisos have to deal with construction, staging, and congestion on the block.

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And there's also that same comment about making the adjacent and neighboring neighbors aware of the rooftop deck, which certainly was presented in the plans on both occasions when we met with faith community development.

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Here again is the vote.

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And the property we just did was 93 right here.

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And this is 100 down the other end of the block.

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Again, it's a corner property.

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Views are very similar to the other project.

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Again, the community did like the brick, did like the paneling at the top, like the elevation, like the fact that we were taking two cars off the street.

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And here's an aerial view.

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There's 93.

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This is 100.

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Again, our records indicate it's been a long, vacant lot.

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It's in an area where there are multifamily up and down.

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Not everyone, I don't want to misrepresent,

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but from the plan that Harmon-Dooidge put together,

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you can see the blue are multifamily, the brown are single-family.

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Elevation is looking at Herman Street and looking in the rear of the property.

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And you can see we have the turning radius sample for two parking spots in the back.

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We have no issues with height.

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Again, more photographs indicating the aerial view of the lot and the adjacent property.

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Right now, it's just a cyclone fence around it.

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So similar to the last project, I'm going to ask if my client will adopt my testimony, if you can unmute Mr. Belyeux.

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Yes.

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John, you're already sworn in, the chairman, sworn you in with regard to 93 Herman.

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Again, have you heard my testimony concerning 100 Herman?

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Yes.

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And if you had the opportunity to testify, would you be able to adopt it as your own and as true and correct?

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Yes.

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So, Mr. Chairman, I'll make similar arguments with regard to this property as 93 Herman.

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Again, this is a long, vacant lot, which our records indicate.

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The community certainly was well aware of it.

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They wanted to see something built on this lot from our understanding.

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It's a unique lot in that it's wide.

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It's at the corner.

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There's plenty of light and air affecting the property.

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It's in harmony basically with the block, the 100 block of Herman Street.

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As I said, it's a mix of single and multifamily, and it's certainly in harmony with what the community wants and desires in this location.

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So with that, I rest. I ask that my exhibits be admitted and that the board consider this application.

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We're going to pause for one second.

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can anyone hear me now yes chair it's great i'm having technical problems had to go back

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out and back in again questions from the board no no anyone else would like to testify in this

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case if so please raise your hand we have charles richardson from council

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we have charles richardson from council person's office all right mr richardson please identify

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yourself with the record you're still under oath charles richardson from the office of

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councilwoman cindy bass room 312 city hall councilwoman has no objections as with the last

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case as well thank you planning commission good afternoon board peter bernard for the planning

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commission this property is indicated for single family residential use on the comprehensive plan

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the application represents an inappropriate overuse not consistent with adopted district

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plan or enacted dimensional standards additionally we do not feel the vacant property represents a

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hardship accordingly we recommend that the requested variance not be granted thank you

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MI-2020-000809, 100 Hermann Street. 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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Next one up is MI-2020-000082, 7404 Tarsdale Avenue.

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good afternoon good afternoon jim uh eastern on the oak do you agree to wait the reading of its

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refusal and stipulate to its accuracy i do also have you emailed an exhibit packet with the

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required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral,

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photos and plans five days prior to this hearing? I have. Also, have you met with the RCO and have

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a letter? Yes, we do. Thank you. Please proceed. Please identify yourself for the record. Yes,

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thank you. Good afternoon. Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838,

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philadelphia pa 19103 here on behalf of the owner of the property miss rong wong that's spelled r-o-n-g

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last name w-a-n-g this is an application to use this property as a takeout ice cream store

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i'm going to go ahead and share the information we submitted with the with the board

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so for this hearing we have submitted a notice of hearing refusal the community letter in support

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from holmesburg association civic tax clearance deed application the project information sheet

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photos and plans the refusal indicates that this property is located in a rsa5 residential district

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However, this property historically was actually zone C2.

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And we believe that at some point the commercial use might have been abandoned, which is why when the rezoning happened, it is zoned to RSA 5.

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Toursdale Avenue is an interesting street in that many of the properties are residential,

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but at the same time, Toursdale has numerous mixed-use properties as well,

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up and down the block in the 7,400 block range.

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Because of this, when we met with the community,

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they're aware that this particular property has two separate entrances,

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and the first floor has been used as various kind of offices or other commercial for some time.

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As such, they supported our request for variance in this case to continue to use the first floor space as a commercial type activity.

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The properties next to us also, as shown in these pictures attached to the plants, they're also commercial in nature.

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So it is not out of the character with the neighborhood.

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The design itself is very simple.

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A secondary entrance leads to the first floor commercial space.

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This will be a takeout only bubble tea ice cream shop.

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So there's no cooking on premises, no need for venting.

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And the general hours operation would be relatively limited during the middle parts of the day to the end of the day.

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My client obviously expects to close by six o'clock, usually at night.

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the serving counters inside there's no outside service there it does say ice cream window

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counter on the plan however all service will be done in the counter on the inside there's no need

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to have a serving window outside the overall project expect to have maybe two to three workers

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at most because again it's a small operation and does not require a lot of workers to be involved.

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and does not require a lot of workers to be involved.

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The space does have its own storage.

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It also has trash storage in the back.

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So trash will be picked up by commercial pickup.

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We don't anticipate any negative impact.

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Surveillance camera and lighting

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will be placed on the outside.

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And as a result of all these factors,

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the community issued a letter to not oppose our request

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for the variance of takeout restaurant limiting it to the application which is for ice cream shop

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as the primary use i'm certainly happy to answer any questions from the board regarding this

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application thank you we have a client yes my client should be with us miss rong wang r-o-n-g

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last name is w-a-n-g miss wang can you raise your hand on the zoom application

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so the administrator can identify you more easily?

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You can unmute Ms. Wong and wait to be sworn in.

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Hello, can you hear me?

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Oh, I'm sorry.

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Ms. Wong, do you swear to affirm to tell the truth,

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the whole truth and nothing but the truth?

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Yes.

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Sorry, just proceed.

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Apologies.

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Mr. Wong.

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Can we have a spelling of the name, please?

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Oh, R-O-N-G.

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first name last name is w-a-n-g thank you please proceed thank you mr wang you heard my testimony

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earlier before the board um and the representations i made can you verify that they're true and

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correct and adopted as your own uh please unmute to answer thank you yes thank you

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thank you um questions from the board no no anyone else would like to testify in this case

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if so please raise your hand

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chair no hands at this time thank you planning commission

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good afternoon board peter bernard for the planning commission

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this property is indicated for residential use on the city plan however given the property's

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history and adjacent commercial uses we have no objection to the granting of the variance

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thank you mi-2020-000082 7404 torresdale avenue my vote is yes my vote is yes my vote is yes

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good luck thank you have a good answer page four and five same block same law firm unless

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okay all right mi 2020-000-089 3801 brown street and mi 2020-000-152-3854

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Is this Mr. Slepner's case or is it Mr. Mattione or will you be handling

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separate case cases separately? I believe this is Mr. Slepner and we've received letters in

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opposition from the RCO and Councilwoman Gauthier. Mr. Slepner will you also be

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presenting 3854?

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I am

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counsel on both of them.

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The

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ownership is actually

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the same on both of them.

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Before you go any further, do you swear and affirm

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to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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The reason I raise that

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is because on our sheets

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it has appellant Isaac

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Slepner on the 3801

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Brown, and then appellant

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Marco Mariani on the 3854 so I just want to be clear you'll be representing both applications

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I do yes okay thank you okay do you agree to wait the reading of its refusal and stipulate

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to its accuracy on both yes okay also have you emailed an exhibit packet with the required

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documents proof of ownership proof of tax compliance copy of the refusal or referral

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photos and plans five days prior to this hearing? Yes, we did. And have you met with the RCO and

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have a letter? We have. Thank you. Please proceed. Okay. Good afternoon, Mr. Chair and members of

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the board. Isaac Slepner with Mattione Limited, 100 North Independence Mall West, Suite 5A

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Northwest Philadelphia PA 19106 on behalf of 3858 Girard LLC with regard

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on behalf of 3858 Girard, LLC, with regard to 3801 Brown Street and 3854 Brown Street.

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I guess I'll start, well, I'll start with 3854 Brown Street, and we'll go from there.

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So if I may, I'm going to share my screen so that everybody can see the printed materials.

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