civus
Hearing video

ZBA Hearing - December 9, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 9, 20206h 34m

Ms. Tanya Sunker. I'm sorry. Chair, this is Sharon Saleta. Number six on your list I have

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marked as having no exhibits. I heard from the attorney Corin Weiss today and we received the

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exhibits today. We also have a letter of non-opposition from Councilman Squilla. If you

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I could call Mr. Weiss so he can explain why the exhibits weren't timely submitted.

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Thank you. Mr. Weiss, are you available?

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Good afternoon, Mr. Weiss. Please spell your first and last name and I'll swear you in.

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Warren Weiss. C-O-R-E-N-W-I-S-E.

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

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I do.

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Please proceed.

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Thank you, Mr. Chair.

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the exhibits were provided previously I received a call that they were not

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formatted properly we're not reading well so I did reformat them and submit

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them today and I spoke to Ms. Saleta I do apologize to you and your panel as

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well as Ms. Sunket and Ms. Saleta as I know that this is really challenging

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stuff and everyone's taxed but it is some pretty simple in my opinion hopefully

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of yours to a pretty simple dimensional issue with support of the neighbors and the RCL.

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No worries.

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Thank you.

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Anyone, anyone, any hands are up?

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I think you're already answered, but I'll ask again, continuance or withdrawal requests.

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Are we going to hear this one, Chair?

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Yes.

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And I believe it's, that'll be the first case we're going to hear, number six.

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is that accurate

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that's right yes okay i guess we can proceed

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i'm going to promote him yep i'm sorry chair i'm going to promote him to panelists he's going

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to come back in i'm sorry i didn't hear i didn't hear you

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I'm sorry I didn't hear I didn't hear you he's being promoted yeah he'll be back now

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Mr. Wise you are promoted so you can share your screen as necessary

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calendar number 2203 1219 Latona Street Mr. Wise put your name and address on the record

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please and spell your last name orin wise c-o-r-e-n-w-i-s-e

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address address sorry 100 north 18th street suite 300 philadelphia pennsylvania 19103

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okay do you swear or affirm to tell the whole truth and nothing about the truth

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i do and you also agree to waive the reading of the refusal and stipulate to its accuracy i do

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Have you, do I read that?

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Have you emailed the exhibit packet

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or have we already gone through that?

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It was emailed.

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We've gone through it.

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We need to read that.

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Okay, have you emailed an exhibit packet

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with the required documents,

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proof of ownership, tax compliance,

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refusal referral, photos and or plans of the property

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five days in advance of the 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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I have emailed the exhibits

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that are required we have met with the RCO and in that packet there is a letter of non-opposition

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from Pass Young Square Civic Association. Thank you you may proceed. Okay and with me I believe

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on the call are the architect Rick Miller and the applicant at least one of the applicants

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Christopher Steven and Margaret Mecca. I believe I'm sharing my screen I hope you can see my exhibit

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packet yes yes we see it okay thank you um so starting with the refusal so this is 1219 latona

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street the refusal is if you're familiar with this provision 701 2b4 this is the this is the

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third floor addition uh statute where um you can in in attached row home or in an attached row home

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you can build a third story, but if you're abutting two row homes on either side that are only two

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story, an eight-foot setback is required. The refusal is because the plans submitted do not

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have an eight-foot setback for the proposed third story edition. And I'll just zoom. Well,

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here's the, we met with the RCO. Here's the letter that the zoning board should have received from

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passing square civic association uh that the the rco voted eight zero in non-opposition with the

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roof deck and pilot house uh trellises at the rear and the front um being used as single family

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household uh and they note the refusal as well here where abutting properties are two stories

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and the code requires an eight foot setback in that scenario um this is the petition we had

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signed. As I tell all my applicants, I'd rather five signatures from the adjacent nearly impacted

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neighbors than 40 signatures or 400 signatures. We're at 1219, here's 1217. Other neighbors all

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on the block of Latona, and let me show you that, that do not oppose the variance at 1219 Latona

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Street for a third story with no setback. I asked when my client sent me this petition, I said,

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where is 1221 they said oh they live in california here's the email uh margaret is my applicant she

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emails me here's the email down here from miss bucks debbie bucks who is 1221 uh that says here

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we agree for you to build your third floor without the setback we'd want to do the same

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so uh let me know and hopefully this pandemic business is over soon um i'm sorry just same

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email I printed twice by accident. Let me zoom through. So here's the plans. In fact, bear with

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me. I want to just drop into the photos first. And let me show you that. While you're doing that,

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full disclosure, if you noticed on the petition, there's a woman by the name of Amanda DiCicco.

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she does happen to be my cousin so full disclosure

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thank you sir and thank you to your cousin um i want to show you the subject property first

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if i can find a good one

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no i can't find a good one

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no it's in here somewhere there it is okay this is 1219 latona street you can see uh two story

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You can see a two-story abutting.

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We can't see her, no exhibits yet.

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We can't see your no exhibits yet.

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What's that?

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I'm not, I'm not.

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We can't see your exhibits.

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You are screen sharing.

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Let me try again.

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Anything?

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yes we see yes okay got it now there we go so this is 1219 latona um the applicants uh margaret

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and christopher have lived here uh margaret's on the house for about 10 years long-standing

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members of the community um before the pandemic they were actually you know looking for a little

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more space and actually were looking in the neighborhood they love this location as as many

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of us do uh it's it's a great area and they wanted to stay in the neighborhood but we're outgrowing

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their home looked around actually couldn't find anything then the pandemic hit and uh bad went

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to worse and now they're working from home and really need extra space so they started talking

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about building up and when we when they got into this process and dealt with the architect they

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realized that there's this issue with the abutting properties and requiring eight foot setback

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and I'm sure Mr. Chair and the members of the zoning board have heard this before this rule

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regarding the eight foot setback for abutting properties creates kind of the haves and the

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have not scenario because if you don't abut a two-story property you can build up three stories

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no problem and you don't have to maintain that cordis line no setback this is the this is if

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the picture showed their property they would be two doors over to the right so this property

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is three doors to the west of 1219 this is uh 1227 i think and what's also interesting about

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this property is this property is not set on the property line and there is already a setback

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and the setback we'll see on the plans i think it's uh four or five feet so the facade of this

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property is set back from the property line and we see that three and four doors down where

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this house the gray one on the left is is built on the property line and the next one is actually

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set back from the property line so this distance this difference between the facades of these

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properties is that setback that is carried down this block on Latona so we do see down and this

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is like I said this is to the west so to the west we have three-story properties then we have three

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story properties three doors down which is set back um and now looking to the east we again have

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the have-nots in the middle two stories and then when we get down to the corner

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three stories so this if if my clients were this one they could build up uh without any variance as

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by right. And then, I'm sorry. So there's their house, 1219, next door, next door. And there's

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these larger properties down to the east. And this is to the east looking south. This is to the east

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north, three large properties is to the east south, the south, southeast corner, larger tall

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properties and then this is it doesn't come out that good but i was trying to show the setback if

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you look further down here you can see the properties down here then reclaim the uh setback

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on latona street and looking to the west you can see this is that setback that these properties are

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all set back that that amount of space i saw that picture already so um well i'm here i'll just

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show you the tax clearance which if you're going i've been trying to get the tax experiences from

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the revenue department and when we use that website to request the tax clearance all we

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get now is technical difficulties so i wanted to print out this page it says 1219 latona street

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is zero past due and I hope that's and here's Margaret Mecca um so they are compliant but

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the actual cert we were not permitted here's the deed to uh Miss Mecca 1219 Latona Street

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dated 2000 2010 so if I pull it back up to the plans I think we got a pretty good understanding

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of that you can summarize okay um yeah let me i'll just they want to put up a third story they

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don't want to step back eight feet um and there is

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And I can surely have whoever's on the line, I think it's Christopher Steven or Margaret Mecca, I can ask them to adopt my testimony for the record if that's necessary.

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Here's what's proposed, just to give you the idea.

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so they're going to add this trellis it's just this does project out into into what's the

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sidewalk but it's actually within their property line like we said here's a third story addition

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that's proposed large windows uh you know uh facade materials um keeping in character with

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the neighborhood and there's a small cornice line to be preserved but you can see uh here it's it's

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minimal it's not eight feet but the deck itself is actually set back because they're they're uh

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and the neighborhood was thrilled about the fact they're adding so much green on the on the block

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because there's going to be some planters here and the deck itself is set back but it's this

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it's this living space that they're so uh so interested in gaining because um you know they're

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building the third story they want to make sure essentially the difference between the the eight

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foot setback and no setback is is it is a room um because the stairs have to stay where they are

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and if they have to set it back they lose all this front area but uh the layout is going to

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be an additional room uh two additional two rooms up in the third story and if my client's been

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recognized i would just ask them to put their name on the record and and uh confirm that my

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my statements have been accurate and they adopt them as their own

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oh anybody on

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do you know if they um on the telephone

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uh i believe they should be on the zoom uh raise your hand

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mr christopher and margaret

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no worries if they're not able to get on uh we'll stipulate

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oh there he is steven mr christopher can you hear us am i getting it backwards again

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steven christopher i'm sorry i do this i do this to that every time his name is steven christopher

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please identify yourself for the record spell your last name uh this is steven christopher with

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the ph and christopher last name ch-r-i-s-t-o-p-h-e-r and i have my wife here with me

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I'm Margaret Mecca. First name, M-A-R-G-A-R-E-T. Last name, M-E-C-C-A.

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Steven, did you hear my statement?

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Yes, we heard your statement and everything is accurate and we would like to adopt it as our own.

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Thank you. Questions from the board.

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i'm sorry chair well sorry the question um was for them was not answered they were answering

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corin's question okay swearing them in we could just make sure that's on the record gotcha miss

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miss mecca mr christopher do you swear or affirm to tell the truth the whole truth and nothing but

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the truth we do yes all right we're all legal now okay yeah questions from the board no

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no no no no one else would like to testify in this case if so please raise your hand

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no hands at this time chair thank you planning commission

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good afternoon my name is ariel de liberto that's a-r-i-e-l d as in dog i l-i b as in boy

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E-R-T-O

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And I'm here with the City Planning Commission

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Thank you, Swear or Affirm to tell the truth, the whole truth and nothing but the truth

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I do

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Please proceed

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This parcel zoning requires a third floor addition to be set back eight feet from the front facade

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Because the adjacent properties are two-story homes

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The applicant has not demonstrated hardship to justify granting the variance

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Therefore, we oppose the granting of the variance

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Thank you

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MI 2020-002203 1219 Latona 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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My vote is yes.

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My vote is yes.

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So listen, when you get that deck built, if you look east, slightly to the left of the chimney stack on Jackson School, I'll be on my deck and just wave to me, all right?

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it's on the record it's on the record take care thank you very much may i be excused

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thank you very much may i be excused so are we going to seven and eight now

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i don't know we we didn't have it we did we get the exhibits uh sharon

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yes you're going to um the two oak lane okay because early oak lane ones we're okay to go

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yeah no we have very good okay count calendar number one eight three five eleven hundred oak lane

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and wait a second strike that eleven hundred dash eleven twelve oak lane calendar number one eight

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three five and there's another oak lane calendar number oh seven three seven eleven twenty two

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oak lane are they all to be heard together sharon they are these were actually continued so they

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could be considered together oh okay great um bill car is the attorney and paul bonnie

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is representing i believe the rco okay thanks

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bill should be available he can unmute himself and say his name for the record

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okay good afternoon mr chair members of the board can you put your name and address on the record

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please yes i can you'll be sworn in after okay william kerr k-e-r-r um high schwartz is my firm

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name 40 east airy street in norristown pa do you swear or affirm to tell the whole truth and nothing

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about the truth? I do. And do you agree to waive and stip? I do. Have you emailed the exhibit

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packets with the required documents, including proof of ownership, tax compliance, refusal,

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referral, photos, plans of this property five days in advance of the hearing? And have you met

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with the RCO? And do you have a letter? Yes, to all of that. Now, this is the third hearing in

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this in this matter the first was february 12th the second was november 4th of this year prior to

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