civus
Hearing video

ZBA Hearing - June 26, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 26, 20244h 28m

This simply continues the betterment.

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And it's a joint effort with those who have been in the neighborhood a long time, those who are new.

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They just are so loved.

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It's a pleasure to actually present this to you.

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The authorization of variance relief will not alter the character of the neighborhood or district or be detrimental to the public welfare. The photos reflect that the proposal fits into the neighborhood. The support of affected neighbors who live in close proximity to River and Andrews Speak, the granting of relief being of benefit to the public and within the spirit of the zoning code.

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The proposed variance, one variance, would represent the minimum variance to afford relief and represent the least modification possible of the issue.

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This will not substantially increase congestion in the public streets, increase the danger of fire, or otherwise endanger the public health, safety, or general welfare.

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There are no light and air issues.

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This will not adversely affect transportation or in Julie Bird and Water School, sewer park, or other public facilities.

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There are no environmental issues.

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I believe I know that River and Andrew are both here and River is prepared to raise her virtual hand if you wish, Mr. Chairman.

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Please want to let her adopt your testimony.

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OK, River, would you please raise your virtual hand?

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There you are.

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And good morning.

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Good morning.

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Could you please state your name is spelled for the stenographer?

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Yes. River Algiers Trapler, R-I-V-E-R, T-R-A-P-P-L-E-R.

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

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Yes, I do.

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Please proceed, counsel.

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Thank you. Good morning, River.

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You've been present for the entirety of this virtual presentation to the Philadelphia Zoning Board of Adjustment, correct?

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Yes, I have.

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And would you adopt and affirm the testimony that I've offered as your own?

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Yes, I do.

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Thank you, River.

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Questions from the board?

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no chair no chair no chair no chair um i have a question is this uh for sale houses for sale or

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No, Chair.

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No, Chair.

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No, Chair.

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rental house rental unit ms graham this is for sale thank you of course um who are you want to

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add the issue about parking please i just wanted to note for for mr laver and for the record um i

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I noted that the refusal did not include the accessory parking space.

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That is clearly on the plans for this matter.

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So I just wanted to say that if the board approves this, when you get your permit,

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please ensure that the parking is referenced on the permit so that that doesn't become an issue later on with other building permits.

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Thank you. I appreciate that.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission.

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General Lovecower, Planning Commission.

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The comprehensive plan recommends a rezoning of this property to IRMX, which would allow

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multifamily.

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Therefore, the proposed variance would be in accordance with the comprehensive plan

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and would not present any undue impacts, and PCPC recommends approval.

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Thank you.

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MI 2024-000-643-2232, Alter Street.

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I vote yes.

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Michael Johns, I vote yes.

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James Snell, my vote is yes.

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Tana Graham, my vote is yes.

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Aowyn, my vote is yes.

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Thank you.

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Thank you, counsel.

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This much, I hate you.

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My vote is yes.

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I'm sorry, we missed you.

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I'm sorry.

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Thank you, counsel.

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Thank you, Mr.

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All right. Number 13, MI 2024-000-678-942-244 North Lawrence Street.

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Alan Nockamson is the attorney.

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There's a letter of support from the Northern Liberties Neighbors Association.

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There's a copy of agreement of the easement agreement with neighbors provided.

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Mr. Nockamson.

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uh good morning mr chair members of the board alan knockamson you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do could you identify your client

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relationship to this property yes my client is the owner of the property wolf stables llc

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and in the virtual audience is its member, Charles Sassaman.

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And our vice chair has a few questions for you, sir.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal or stipulate towards accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes, we have.

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Thank you, counsel.

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Please proceed and share your screen.

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Thank you.

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So, I'm here to present 942-44 North Lawrence Street.

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This is a three-story structure in the Northern Liberty section of Philadelphia that goes

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street to street, so it's 100% lot coverage.

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It goes from North Lawrence Street to St. John New Place, and it's also, from Cross

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Street perspective. It's between 4th and 5th and Girard and Poplar. So during our presentation,

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we're going to review the notice of refusal, then the letter of support we received from the

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Northern Liberties Neighbors Association, maps of the area, photographs of the property and

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the surrounding area, architectural plans and drawings or applications for appeal,

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or deed to the property along with an easement agreement between the Wolf Stables LLC and the

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next door neighbor, which also happens to be my client, Charles Sassaman, and his wife who owned

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that property, and the Certificate of Tax Clearance showing that my client, Wolf Stables LLC, is in

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good standing with the city's Philadelphia with respect to this property as it pertains to real

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estate taxes. Matter of background here, my client Charles Sassman and his wife Michelle have lived

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on this block, well at least Charles has since 1999. So for the last 25 years he's lived on this

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block and he owns 942-44 North Lawrence Street while under an LLC. This is where his family

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lives. So he has two younger children who still live there and they have 100% lock coverage for

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And they have 100 percent lock coverage for the building structure, which you'll see has a history in itself.

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the building structure, which you'll see.

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It was the stables for a brewery and through adaptive reuse.

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He uses it as a single family structure himself.

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The issue is because of the 100 percent lock coverage, there's no outdoor area.

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And, you know, again, his family wants to enjoy that outdoor area.

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And so they are proposing to put a roof deck up on top of this building structure at 942-44 North Lawrence Street.

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And the way they're doing it, because, again, you know, if we try to do an internal staircase for the structure to allow for the roof deck through internal means, the staircase, it would just structurally there would be a lot of different issues and be cost prohibitive to do.

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So instead, we have an exterior staircase leading from the third floor to the roof.

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And because we are overhanging over technically to their own property at 940 North Lawrence Street, and we're doing it by way of an easement, we have a technical refusal for that roof deck and the roof deck access structure.

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So, but we met with the community and, you know, the Northern Liberties Neighbors Association enthusiastically supported the proposed variants.

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It's a one line letter. But again, you know, Charles will tell you that he, you know, he's lived on this block for 25 years.

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He knows all the neighbors. He's very active within the community.

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He's a known quantity and he wants to keep his family on this block for years to come.

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they just want outdoor space and this is the way they need to do it so maps of the area we're not

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increasing density in any way we're just asking to put allow us to put a roof deck with a technical

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refusal under the philadelphia zoning code so and these are just maps of the area as well

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again we're between essentially fourth and fifth and gerard and poplar and this is where we are

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and we go street to street.

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So photographs of the property, again,

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the history of this property was a stable house for a brewery

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and through adaptive reuse is now a single family structure.

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And then this is North Lawrence property

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from St. John Newman Place.

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Again, as you can see, there's full lot coverage here.

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So we have no opportunity to have any outdoor space

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for this property.

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And then from a posting perspective,

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both from North Lawrence Street perspective

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and the Newman Place perspective, you can see the orange notice posters were placed

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well within the 21-day requirement. And then, you know, from a street view perspective,

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this is North Lawrence Street to the right of the property, to the left of the property,

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and then this is the property from St. John Newman Place from the right of the property

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to the left of the property. And these are our plans and drawings. And as you can see

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from a side view, I think this is the easiest one to see. You know, from the third story,

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there'll be an exterior staircase leading to the roof deck. And again, because that staircase is

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technically floating over 940 North Lawrence Street, which my clients also own in their

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individual capacity. You know, that's a technical refusal under the Philadelphia zoning code

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based on where the staircases are located leading to the roof deck. And, you know, we're also

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required to provide an easement agreement, which my client's already executed and recorded against

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the property. But you can see here from, you know, the drawings, the roof deck will be 473 square

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feet. It will be substantial and give my clients an opportunity to enjoy their property where my

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My client, Charles, has lived there on that block for 25 years.

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So, and this is also our application for appeal that my client filed with the zoning board of adjustment,

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along with the notice of refusal and the project information form.

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The deeds of property showing you Wolf Stables LLC is the owner of the property.

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at the easement agreement between Wolf Stables LLC and my client on the individual capacity

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as the owners of 940 North Lawrence Street, allowing for this easement essentially for air rights purposes only.

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And then our certificate of tax clearance showing that the property owner at 942-44 North Lawrence Street

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owed no real estate taxes to the city.

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To stop sharing my screen, I would ask that Charles virtually

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raise his hand to be sworn in.

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I have a few questions for him.

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Charles has been allowed to speak.

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Good morning, sir.

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Could you please state your name as spelled for the stenographer?

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Yes, Charles Sassaman, C-H-A-R-L-E-S, last name of Sassaman, S-A-S-S-A-M-A-N.

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Yes, Charles Sassaman, C-H-A-R-L-E-S.

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Last name was Sassaman, S.

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

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Yes.

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Mr. Nockamson, please proceed.

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Thank you. Charlie, you heard everything I had to state today about your zoning matter.

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Yes.

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And is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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questions from the board

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no chair

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no chair

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no chair

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no questions

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questions or comments from our attorney

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Hillary Emerson

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not at this time Mr. Chair

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questions or comments from the virtual audience

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yes chair we have one hand

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by Melvin and they haven't allowed

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to speak

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good morning could you please state your name and spell

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for the stenographer

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good morning this i'm using uh mike this is conlon crossley using i'm using another computer

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because my computer isn't working i apologize chair so so could you please please uh spell

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your name for the stenographer yes sir it's c-o-n-l-a-n crossley c-r-o-s-l-e-y

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with councilman young's office all right good do you swear or affirm to tell the truth the

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whole truth and nothing but the truth yes sir please proceed um the councilman has a position

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of non-opposition for this project thank you very much for taking the time to call us we appreciate

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it uh anyone else in the virtual audience i see no hands planning commission

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john levicar planning commission uh the comprehensive plan recommends no change to

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RSA 5 zoning in this location there is no hardship for the recommended variance therefore the planning

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commission recommends denying the variance thank you yeah please proceed can i respond um you know

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given the configuration of the building structure that it's you know street to street and in its

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roof line and it being an older home from a structural standpoint it would be infeasible

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for us to build a roof deck.

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We're trying to keep families in Philadelphia.

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And again, Mr. Sassaman and his family

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have been on this block for almost 25 years

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and they hope to continue to reside on this block.

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Thank you.

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MI 2024, 000678-942-44 North Lawrence Street.

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I vote yes.

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Ishmael Shaheed, my vote is yes.

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