civus

ZBA Hearing - September 15, 2021

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

have. So I'm representing the owner of 2450 and 2452 Kimball Street. These are two adjacent

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existing buildings. Hopefully you can see where we're at. Right on the Kimball block in between

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24th and 25th. Again, two adjacent buildings. I'll just quickly show you. So here they are.

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These are actually long, vacant buildings that have become a nuisance to the block.

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And I have to say this might be a first, but I had ecstatic support from both adjacent neighbors.

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The whole block is RSA 5.

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We are keeping the properties single-family houses.

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uh in fact we have one refusal for each uh property um both of which are uh simply that

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we were trying to put on a third floor and this is a two a generally two-story block

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um you can see that we went in front of sasna and it was a 10-0 vote um sasna was actually

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wildly in support also because we agreed to do they didn't want a flat third story

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They made it a mansard roof with a dormer, and that was what Sosna preferred.

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And again, all of the immediate neighbors very much want these properties kind of put back to good use and to no longer be vacant on the block.

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uh good use and to no longer be vacant on the block and the last thing i would note is we have

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revised plans one page per property and those were previously sent and essentially the only

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change again is to make there were some small details that the neighborhood wanted to see

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but the only major zoning change was to show the mansard roof on the third floor

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So with that, unless the chair, anyone else has any questions for me, I'd be happy to call Joe Soutou.

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Let's get your client on and then we'll ask you just questions.

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Sure.

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Mr. Soutou, if you could raise your hand.

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Hi, Mr. Soutou, please spell your last name and I'll swear you in.

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S as in Sam, U, T as in Tom, O, W.

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Your first name is Joe, J-O-E.

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Joseph, but I go by Joe, yes.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you, Mr. Whalen.

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Yes.

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Mr. Suto, you're here on behalf of the property owner, correct?

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Correct.

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And did you hear all of my testimony?

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Yes.

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And do you believe it was true and correct to the best of your knowledge?

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yes uh you you mentioned the third floor was the uh refusal it's it's the eight foot setback was

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the refusal and um not the third floor altogether but the eight foot setback but yes yes correct

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and we're putting on a mansard roof to uh to make everybody happy with the revised plans

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with that one uh clarification would you adopt my testimony as your own yes all right thank you

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very much uh chair i offer mr suto for any questions the board may have otherwise we rest

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um i'm not clear is there a proviso or as it relates to the setback or not no so so i again

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i was trying to go too quickly i can go to the refusal the refusal is that on a two on a with

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houses that are two stories on either side of a given property right you're allowed a third story

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but the third story has to be set back eight feet we were trying not to have a flat third floor

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front with no eight foot setback the neighbors and sostner both requested that we do a mansard

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roof instead of a flat third floor but that we did not need the eight foot um so that's what we

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agreed to do and that's what is shown in the revised plans i apologize for being unclear in

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my description so is the revised plan how many pages uh one page per property so one page for

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number eight and one page for number nine thank you any questions from the board no mr chairman

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no anyone else like to testify in this case if so please raise your hand in these cases i should

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say plural i see no handshare thank you planning commission good morning david vecto 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 with the addition of a mansard roof on each

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property we recommend that the board approve the requested variants for each of these properties

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Thank you. MI 2021-001962, 2450 Kimball Street. My vote is yes with revised plan, one page approved today. And MI 2021-001961, 2452 Kimball Street. My vote is yes with revised plan, one page approved today.

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Carol Tenere, my vote is yes with proviso on both cases.

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Confessor Plaza, my vote is yes to both, with provisos.

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James Snell, yes to both, with provisos.

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Thomas Holliman, yes to both, with provisos.

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Thank you, and I'll go to case number 10.

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Thank you very much.

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MI 2021-001895-3418H, letter H as in Harry Street.

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Henry Clinton is the attorney of record.

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Harrogate Civic supports this application.

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And he's coming in now as a panelist.

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Good morning again, Mr. Chairman, members of the board.

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Henry Clinton for the applicant.

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1313 South 33rd Street, Philadelphia,

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PA, Queen Memorial Building, 19146.

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but you're still under oath Ms. Tenere has some questions for you

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

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do you agree to wave the reading of the refusal and stipulate to its accuracy

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,

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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?

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And do you have a letter?

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Yes, to all of the above.

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Okay, you may proceed.

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Is this large enough?

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It's good. Okay. Good morning, Mr. Chairman, members of the board. This concern is 3418 8th Street. And on the line with me is Mrs. Castro, who will adopt my testimony at the end. Table of contents, AA through A11, which I ask to be admitted into evidence.

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appearance statement, refusal. So this is an RSA 5 zone, but as you will see from the photographs,

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I will show you, since 1957, this corner property has been used as garages for automobile,

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for roofing businesses, for other commercial uses. It's really an eyesore, and the community was

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happy to see this proposal and happy to see that the eyesore that's there right now

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will be gone if the board looks kindly upon this approval.

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So as I said, this is a corner property

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and the request is for four units

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in this RSA 5 zoning district.

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We do have a letter of support from Harrogate Civic

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and you can see it was an overwhelming support,

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23 to zero because of the condition

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of the property right now.

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So this is an aerial view

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looking at 8th Street. And this is the garage series. Actually, it's a series of garages

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all the way down the block. It's 100% lot coverage. There's no yard at all. It never has

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been. This is a closer view of the property. Again, you can just see it's in really, really

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bad shape. My clients are from the neighborhood. In fact, Mrs. Castro's mother lives across the

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street or Mr. Castro's mother lives directly across the street from this project.

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Again, an aerial photograph.

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Show you the plans. I'm going to have to reduce this a little bit so I can get it on.

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So this is the site plan indicating that the intent is to demolish the existing property

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and build a structure that does not encompass 100% of the lot.

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We have no issues with open space, a rear yard, or height in this project.

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So by demolishing the garages, we are opening up the back here

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and letting some light and air come in to the other homes on the property.

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This is just, again, another view indicating here's the property with an alley in the back.

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these are the four plans we're going to have a bi-level unit on the first floor and basement

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and then another bi in the rear of the property and then another bi-level in the front

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with rear steps to access the rear apartment and front steps to access the apartment in the front

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and then on the second floor will be another unit and then on the third floor would be another unit

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this is the rooftop there's no rooftop deck on this property you can just see that these are

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for air conditioning units this is the elevation again trying to use brick and some some siding

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here to blend in with the neighborhood this is the rear elevation that's going to be cement board

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siding in the rear side elevation indicating access rear yard side of the property as well

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in front of the house. And again, my client tried to use a lot of brick, again, to keep in with the

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look of the neighborhood, which is mainly brick facades. Some double-hung windows and some

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casement windows are blended in. The rest of the documents that I have are the pro forma documents,

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tax certification, my application for appeal. But one thing I did want to show the board was

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from the zoning archives, I was able to find something from 1957, you know, indicating this

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was private storage for garage and for roofing materials. And hopefully that no longer will be

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the case. The rest of the documents are other typical documents, the deed indicating ownership

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and our tax certification. So in summation, this is a lot that has historically been

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bothersome to the neighborhood. They welcome the development. They welcome someone from the

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neighborhood actually getting an opportunity to develop this parcel, Mr. and Mrs. Castro.

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getting an opportunity to develop this partial Mr. and Mrs. Castro it's in conformity with what

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the neighborhood wants historically has been commercial and in light of the overwhelming

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support I asked the board to look kindly upon this and if there are any questions I'll field them

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or if Mrs. Castro is can be unmuted I will ask her to adopt my testimony.

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Castro, would you please identify yourself with the record?

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Spell your full name and I'll swear you in.

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And you can unmute yourself.

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I'm sorry.

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N as in Nancy, A, T, H, I, F as in Frank, A, Castro, C, A, S, T, R, O.

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you swear or firm to tell the truth the whole truth and nothing but the truth

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yes thank you mr uh good morning mrs castro have you uh viewed and listened to my presentation

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this morning concerning your project yes if you had the opportunity to testify would you adopt

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my testimony as your own and as true and correct yes thank you mrs castro thank you any questions

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from the board no mr chairman anyone else like to testify in this case if so please raise your hand

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yes chair we have small folks mr folks you can unmute yourself thank you good morning mr folks

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please identify yourself and i'll swear you in good morning chairman de chico and zba board

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my name is sloan folks s-l-o-a-n-e-f as in fire o-l-k-s i'm calling from the office of council

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and Maria Quinonez Sanchez, move 508 City Hall.

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

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Yes, I do, sir.

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Thank you.

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Please proceed.

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The applicants having met with the coordinating RCO and receiving a letter of support,

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our office offers no opposition to this various requests.

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Thank you.

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Thank you very much.

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Anyone else to testify in this case?

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No more hands, Chair.

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Thank you.

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Planning Commission?

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Good morning.

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David Vecto, City Planning Commission, Mr. Chairman, members of the board.

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The comprehensive plan recommends no change in the existing single-family zoning at this location.

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There is no unique characteristic of this 1116-square-foot lot to prevent it from being used in conformance with the zoning code.

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We recommend that the board deny the requested variance for four dwelling units.

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chair you're muted

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sorry about that mi 2021-001895 3418h as in henry street my vote is yes

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Harold Tenere, my vote is yes.

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Professor Plaza, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is no.

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Thank you.

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Number 11 on our list, MI 2021-001893, 700-06 Master Street.

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Mr. Anastasio is the attorney of record.

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14th ward democratic committee supports this application with provisos mr anastasio

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identify yourself please you're still under oath good morning mr chairman members of the board

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burn anastasio 1315 walnut street that's a-n-a-s-t-a-s-i-o it's 1315 walnut philadelphia

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one nine one zero seven area has questions for you say it again is the nary has questions yes

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of course since do you also agree to waive the reading of the refusal and stipulate to its

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

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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. Thank you. You may proceed.

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Thank you. I'm going to share my screen, which I was sharing a minute ago. There it goes. All

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right, great. Not only do we have one letter of support, we have two letters of support from the

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RCO, one being the 14th War Democratic Executive Committee with whom we've entered into a CBA.

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as it says first sentence the rco supports the applicants of proposed variances and then of

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course we also have a letter from west gerard progress uh it says they unanimously vote to

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West Girard Progress.

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It says they unanimously vote to support the project.

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So with that, this is actually a pretty simple one.

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We're just looking for an off-street accessory parking spot

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to a house that's already previously approved.

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The lot is required as 20% with a minimum open area.

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we're offering seven and a half the rear yard depth although it says zero there's actually

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a rear yard and i'll explain that in a minute and same thing with the open area

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this is the house itself we don't need to get into but i will take you to

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this graphic that'll explain exactly what we're proposing

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here's master street here's seventh obviously this is not a front loading

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garage but because it's in the rear of the property but entered on the side it's not

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considered a rear access so this one car parking would be right here

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we have exclusive access to the rear yard through the alleyway where there would be

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trash receptacles for the four units in the main building again the building is being built as a

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matter of right we're only here for this one car parking but as you can see there is open space

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there is a rear yard it's just not technically treated as such under the code with that here

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renderings of the property in question this is what it'll look like when it's done

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what was there is actually parking for two cars a curb cut that was twice the size

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