civus

ZBA Hearing - September 15, 2021

Hearing video from Philadelphia Zoning Board of Adjustment (ZBA), Sep 15, 2021, 4h 44m

Our vice chair, Ms. Carol Tenere, has questions for you.

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Sir, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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yes we do have you emailed the exhibit packet with proof of ownership tax compliance a copy

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of the refusal or referral photos and or plans of the property five days in advance of this hearing

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and have you met with the rco and do you have a letter yes we do to all those questions okay and

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i might mention that brewery town sharswood rco supports this so you may continue thank you may

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I share my screen? Sure. Mr. Chairman, is just before I start, is that screen view large enough

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invisible? Maybe just a little bit larger. That's good. Yes. As mentioned, I am here on behalf of

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the equitable owner, Matthew Lynch, for the property 1644 North 26th Street. We did, we meet

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with the Brewery Town Sharsward organization, and there's a letter of support. The vote was pretty

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overwhelming, 13 in favor, two opposed, and three abstaining. The property, we did have an issue,

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there was additional exhibits that I provided to the board in advance of the hearing in terms of

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ownership and tax clearance. We had an issue with obtaining a formal tax clearance, but that has

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been obtained and provided to the board and that's at exhibit 16 of the exhibit packet.

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The proposal that we're seeking is for a three-family dwelling at the subject property.

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The only refusal at issue is the use refusal and the reason for that use refusal is the property

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is zoned RSA 5. It is immediately abutting the RM1 multi-family property.

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It is immediately abutting the RM1 multifamily properties and CMX2 commercial mixed-use properties at Cecil B. Moore Avenue on the 2600 block of Cecil B. Moore Avenue.

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The property itself is this two-story structure.

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As you can see, the property currently has two mailboxes that's used as a two-family dwelling currently.

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looking at exhibit four the second photograph just for context

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Mr. McElhenney there's a background someone is speaking in the background I'm not sure if that's

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Mr. Wooten or whoever would you please mute yourself please proceed Mr. McElhenney

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as I was saying just for context the the subject property is the small red brick building to the

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north is the large three-story building that you can see that is the men and women's for health

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a human excellence building that is a mental health alcohol drug rehab treatment facility

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to the south of the subject property are the residential buildings uh the property at 1642

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and 1640 were last permitted for two units the property at 1638 is this three-story structure

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that is currently used as a and approved for a triplex farther to the south on the same side of

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the street as the subject property is a large 45 footish um church building the open door baptist

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church farther down are other properties undergoing rehabilitation and in need of rehabilitation

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and i'm going to turn to page five of exhibit four just for context opposite to the east of

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the subject property is a large four-story multifamily building for seven approved for

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seven dwelling units and to the south of that are other multi or single family buildings and then

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an abandoned building at the corner of nicola street to the south of nicola street is a corner

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property that is currently approved for and used for um to a two-family dwelling and those zoning

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archives are attached as exhibit eight to the documents presented to the board so just for a

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quick aerial view at exhibit five the subject property we're requesting for three-family use

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we're opposite a large three-story building that our proposal will be comparable to in terms of

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height we are fully dimensionally compliant we have the mental health building next door to us

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other multi-family buildings to the south and the large church building to the south of that

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the characteristics of this block are not single family in use it is more mixed use

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and multi-family and requiring this property to be used as a single family

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would be a hardship in this instance. I'd like to pull up Exhibit 7 to show a quick rendering

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of what the proposed building will look like. So on your screen is a rendering of the subject

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property. This exact building has been built by my client around the corner on the 2600 block of

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Cecil B. Moore Ave. As you can see, the proposal is to use traditional red brick high quality

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materials on the property, along with some metal accents panels. The RCO was the style and concept

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of using the red brick was very well received by the community, which is one of the reasons we,

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I believe we got a letter of support. I would like to note that the property is

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separated from the properties on Cecil B. Moore Ave. with a three foot alleyway

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that provides access to 26th Street for the subject property and also the properties on

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Cecil B. Moore Avenue. If I can go back to the zoning plan, the property itself is a very large

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parcel for a single family zone lot. It is 18 by 87 and a half feet. That's 1575 square feet.

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the proposed structure that we're that we're proposing even after construct it would allow

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for a backyard of 18 feet wide by 28 feet deep which is a quite sizable backyard one of the

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characteristics that the architect and my client put into the project is to pull the project at

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the rear off the property line to allow for more light and air and also more outdoor space

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more open area and a spot for things that this property will require such as trash storage

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that can be secured outside of the units that was a concern of the community that we wanted to

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address and they were thankful that we have space to have secure trash storage so it's not just in

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the units and not getting left out in the street prematurely as i mentioned there is a three-foot

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alley to the next abutting our property to the north which allows for the any unit owners of

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the subject property to easily take their trash out from the stored backyard into the

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from the stored backyard into the front when necessary and appropriate.

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front when necessary and appropriate.

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And to go through the floor plans of what we're proposing, as I mentioned, we are requesting

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three residential dwelling units. The basement and first floor would be consisting of unit one,

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the second floor of the property would be unit two, and the third floor, the third unit would be

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unit third floor plus the mezzanine level. As you can see, the first floor unit or the unit one

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is a three-bedroom, three-bath unit. It is sizable. We're looking at 1,621 square feet for

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that unit. All units are accessed by the front door fronting on North 26th Street. The first

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floor unit is accessed right off the front door. The other units are accessed through a central

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stair tower the first floor unit we have full bedrooms uh full dining room kitchen and living

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room space the first floor unit also has direct access to the rear yard and has use of the

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basement space which has full two bed two bedrooms two baths large storage area and full washer dryer

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mechanical space in the basement the second floor unit two bed is a two bedroom two bath unit that

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comes out at approximately 817 square feet. Again, it's full living room, full kitchen,

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full bath, quality living space. The third floor unit was a discussion point at the community

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meeting. It is currently laid out as a three-bedroom, three-bath unit. However, as I mentioned,

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my client just completed the same project around the corner, and it turns out that the community

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was supportive of making the third floor really a two-bedroom unit with the third floor or the

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fourth floor, the mezzanine level, I should say more of a den or office space, um, rather than

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an actual bedroom space. And that's why it doesn't have a bed laid out in the, uh, the mezzanine

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level. There is a roof deck that's accessed by the third floor unit only, um, that would be off

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that den. So in summary, Mr. Chairman, the property, the proposal for this project is

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the project is a dimensionally compliant building on a very oversized lot that leaves plenty of open

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area, rear yard space. And given the characteristics of this property abutting the mental health

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services facility and the other multi-family buildings and church building on this block

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and with the community support we would request that the board see favorably on this request for

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a three-family dwelling at this location and grant the requested variance. Do you have a client to

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adopt your testimony? Yes Mr. Chairman. Matthew Lynch should be in the audience and I request

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that he be promoted to panelists.

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I'm here.

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Mr. Lynch, please spell your full name for the record.

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Matthew Lynch, M-A-T-T-H-E-W-L-Y-N-C-H.

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Where to affirm the tell the truth, the whole truth,

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nothing but the truth?

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Yes, I do.

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Thank you, Mr. McElhenney.

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Mr. Lynch, have you heard and viewed my presentation

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to the board this morning?

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yes I have were my statements true and accurate to the best your belief yes they are and would

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you adopt those statements that I made to the board as your own yes I will no further questions

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Mr. Chairman thank you any questions from the board no Mr. Chairman no no no thank you anyone

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else would like to testify in this case if so please raise your hand no hands at this time

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chair thank you planning commission good morning david vecto city planning commission mr chairman

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members of the board the comprehensive plan recommends no change in the existing residential

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single-family zoning this location this is a 1669 square foot lot there is nothing unique about this

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property that would prevent it from being used in conformance with the zoning code 1638 1640 and

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1642 north 26th street appear to have permits for two or three unit buildings the majority of the

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rest of the homes on the block are single family several of which were built within the last three

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years we recommend that the board deny the requested variance excuse me one minute david

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you said that there are three other houses that have have application for multi uh for uh yeah um

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So the ones that Mr. McElhenney called out, we found the same information, 1638, 1640, and 1642.

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And then there are at least a couple of others, including...

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And then there are at least a couple of others, including, I want to say, 1644, no, I'm sorry, 1621 and 1623 that got approval in 2019 for single families.

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Maybe I misunderstood you. I thought you said there were others that had applications for multifamily. Was that incorrect?

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correct? That's incorrect. I think I meant to say 1621 and 1623 have applications that were

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approved for singles. I believe Mr. Fecto referenced the multifamily for the abutting

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properties at 1642, 44, and 38. Right. That's what I was saying. There have been a mix of

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approvals recently. Okay. All right. And then we have the mental health facility, which obviously

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is multi-family okay right um question from the board i think i asked uh mi 2021-001899

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1644 north 26th street my vote is yes harold tenary my vote is yes excuse me confessor plaza

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my vote is yes james snell my vote is yes thomas halliman my vote is yes thank you number six on

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our list mi 2021-0019661926 cambridge street mr anastasio is an attorney of record

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mr anastasio please identify yourself you're still under oath good morning mr chairman

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bernard anastasio a-n-a-s-t-a-s-i-o 1315 walnut street philadelphia pa 19107

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mary has questions for you sir do you also agree to wave the reading of the refusal and stipulate

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to its accuracy i do have you emailed the exhibit packet with proof of ownership tax compliance

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refusal referral photos under plans the property five days in advance of this hearing have you met

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with the rco and do you have a letter yes to all of that okay thank you one moment you do have a

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letter? I have a meeting summary. All right, please proceed. Yep. Mr. Chairman, members of

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the board, this is 1926 Cambridge Street. We met with the RCO. Overwhelming support for our

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request for the variance. And let me walk you through what it is. It's pretty straightforward.

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The application is for one accessory parking space in the rear of a single family home.

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My client purchased the property in question recently and believing that there were in fact two off street parking spots.

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Here's the plan.

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Let me show you the photos.

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um yep this is his side and when he purchased the property that he uh it was marketed and sold to

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him for two car parking just like his immediate neighbor next door it turns out although just

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about everybody in that rear lot that rear street parks their cars um this particular

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parcel is not zoned for it. And let me show you the Zillow that says a beautifully appointed

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house in Francisville offering a rare two-car parking. Turns out that was not properly zoned.

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It was marketed and sold to my client incorrectly. We met with the community organization.

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they gave us the um excuse me by the way here's a here's a permit for the installation of a

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residential electric car charging equipment for that spot so i think everyone sort of

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believed this to be a legalized off-street parking spot and as a result

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um we respectfully request the variance excuse me mr anastasia this is sharon saletta i just

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went through your exhibit packet again i don't see a copy of the um okay it's not sure if that

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was yeah that must have been added after the yeah they were late on getting that to us

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okay thank you could you would you mind forwarding me a copy of that after the hearing

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I most certainly will. Thank you very much.

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Thank you. Mr. Anastasia, do you have a client to adopt?

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Yes.

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My client could raise his hand, please.

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Her name.

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your your clients okay john

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Your client's name.

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Okay, John.

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we'll stipulate that you're a g a i think he's on mr chair can anybody hear me yep g-a-j-a-n

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okay please spell your full name sir yep it's uh gudgeon jeganathan g-a-j-a-n first name last

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name is j-e-g-a-n-a-t-h-a-n you swear affirm to tell the truth the whole truth nothing about the

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truth i do thank you mr anastasio please proceed thank you gajan did you hear my presentation to

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the board this morning yes and is it true and accurate to the best of your knowledge

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yes and would you adopt it as your own testimony yes thank you very much thank you any questions

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from the board no mr chairman oh no anyone else would like to testify in this case please raise

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your hand i see no hands here thank you planning commission good morning david facto city planning

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commission mr chairman members of the board the comprehensive plan recommends no change in the

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existing single family zoning at this location we typically oppose curb cuts on residential blocks

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However, George Street, at the rear of this property, has developed into something like a service alley.

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Curb cuts and garages are the norm and not the exception.

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We recommend that the board support the requested variance.

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Thank you very much. MI 2021-001-966.

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1926 Cambridge Street, my vote is yes.

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Harold Tenneri, my vote is yes.

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Thomas Holloman

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James Snell, my vote is yes

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Thomas Holloman, my vote is yes

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Confessor Plaza, my vote is yes

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Thank you all

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We will now go to cases 8 and 9

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MI 2021-001962

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2450 Kimball Street

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and MI 2021-001-961.

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Let me do that again.

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MI 2021-001-961, 2452 Kimball Street.

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Mr. Whelan is the attorney of record for both cases.

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South of South's Neighborhood Association

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supports both applications.

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Good morning, Mr. Whelan.

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excuse me good morning you're just so used to me presenting so late at night

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please spell your full name and i'll swear you in sure sean whalen w-h-a-l-e-n vintage law

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6 coulter avenue suite 1000 ardmore pa 19003 you swear a firm to tell the truth the whole truth

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nothing about the truth yes i do thank you ms uh tenere has some questions for you sir do you

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agreed away with the reading of the refusal and stipulate to its accuracy? Yes, I do. Have you

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emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and or

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plans of the property five days in advance of this hearing? And have you met with the RCO? And do you

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have a letter? Yes, yes, and yes. Okay, you may proceed. Thank you very much. We do have full

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support. So I will be brief and obviously just be willing to answer any questions that the board may

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