civus
Hearing video

ZBA Hearing - December 9, 2020

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

I think yes I think he might have to come back.

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I think, yes, I think he might have to come back.

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Can everyone hear me now? Yes we can. I just keep losing uh I keep losing my uh

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there you go okay uh i'm sorry have we concluded with the presentation

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yes yes does the board have any questions that's where we are okay has the board any questions no

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uh anyone else would like to testify in this case if so please raise your hand

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yes chair we have an albert little page good morning mr little page please identify yourself

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for the record. Good morning, Mr. Chair. My name is Albert Littlepage. I'm the president of Point

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Breeze Community Development Corporation. We're from to tell the truth, the whole truth and

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nothing but the truth? I do. Thank you. Please proceed. The Point Breeze Community Development

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Coalition is the coordinating RCO along with the community and the nearby neighbors supported this

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project along with the company Provisos. So we are in agreement with this project, sir.

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thank you and i i was not listening in because i was having technical difficulties there is a proviso

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yes um carol did you get that proviso no i did not they it was in a letter and now the letter's

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not up oh yeah the proviso excuse me this is sarin soled i would request that you hold the

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vote on this until the end of this 9 30 session um i have some questions about the proviso plans

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form i'd like to run by the applicant to make sure that we have it right before you vote on it

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okay so noted thank you and thank you thank you albert do i need to hold on a chair or can i hang

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up now uh i think you can hang up do we need mr little page sharon no okay thanks albert

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okay carol number five okay calendar number 1303 1515-17 north 16th street

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i'm here i'm mr mr mattione can you put your name and address on the record and spell your

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last name? Sure. Michael Mattioni, M-A-T-T-I-O-N-I. Federal Reserve Bank Building, 100 North Independence

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Mall, Suite 5A Northwest, Philadelphia, 19106. Do you swear or affirm to tell the whole truth

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and nothing but the truth? I do. And do you agree to waive the reading of the refusal and stipulate

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to its accuracy? I do. Another group of questions. Have you emailed your exhibit packet

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with the proof of ownership tax compliance refusal referral photos and plans of the property five

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days in advance of this hearing and have you met with the rco and do you have a letter yes

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everything okay thanks you may proceed thank you madam

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Okay, and again if Joseph Byrne could be unmuted because again this is a project he's involved

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with. And this is 1515 North 16th Street. It's similar but different to the case that we heard

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on 1407 when we have our tax compliance. It's different in that Mr. Byrne, his group, acquired

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this property on february 3rd 2020 but it was built six years ago the property has 20 units

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in it but it's legal for 19 units but the prior owner built it with 20 units um don't know why

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they did that but they were the prior owner and we had no control over what they did but we know

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what's in the building we are 204 square feet short of having the required square feet for 20

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units. So it's a very nominal variance that we're requesting. We did meet with, again,

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four different RCOs, and with respect to this, there was a support letter from three of the RCOs,

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the Community Land Trust, Matt Polistic, and Friends of the 47th Ward. And I know that we

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have Reverend Nash and Vivian Van Storey here to speak in support as well. There was an objection

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from beach interplex again beach interplex geographically is not very close to this the

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other three rcos are right next to this property and there are support letters from those rcos

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Those RCOs, I just want to get to the photograph for showing the property.

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i just want to get to

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This property is interesting.

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Even though it's new construction, it is on the Historic Register and was approved when constructed by the Historical Commission.

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and that's the property and it runs from 16th street to the little street behind it that I

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can't remember the name of I'm sorry anyway we're asking for one variance of 204 square feet to

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allow this this extra unit that's in the building to be legalized it is a vacant unit because it's

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not legal right now we've met with the RCOs like I said three of them strongly support it because

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Mr. Byrne has taken over the ownership of this property. He just took it over in February.

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And the alternative would be to have a larger unit or units in the building,

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but it is already laid out with this unit. So I would like to call on Mr. Byrne if he's unmuted.

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Mr. Byrne, you can unmute yourself. Yes, hi.

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he was sworn in the last case you have to swear him in again

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no uh mr byrne you're still on the road from earlier just identify yourself for the record

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please yes joseph byrne b-y-r-n-e and joe did you hear my statements i did are they true and correct

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they are and do you adopt them as your testimony i do and do you have any further

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comments regarding this application? Yeah, I just wanted to reiterate to the board,

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as Mr. Mattione mentioned, we acquired this building in its current state. It's been occupied

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for over five years. It runs to Sydenham Street from 16th. So the unit that was occupied

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at our own cost, we immediately, when we went to apply for our renter's license,

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were made aware that that unit was not legal.

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So we immediately moved to move the tenant out at our expense to break the lease,

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and that unit remains vacant.

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So we encountered this mistake that was made by the previous owner and developer.

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We immediately moved to make sure that we weren't in any violation

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and having that unit occupied,

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and we're just looking to legalize what someone else overlooked in the past.

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I have no further questions for Mr. Byrne, Mr. Chairman.

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Do you have anyone else, Mr. Maggioni?

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Again, Reverend Nash, if he's available.

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They would just have to raise their hand.

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You know, in the interest of time, Mr. Maggioni, as an officer of the court,

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We'll stipulate that Reverend Nash would adopt your testimony.

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And as well as Vivian Van Story.

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As well as Vivian Van Story.

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Thank you.

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Questions from the board?

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No.

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No.

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Anyone else like to testify in this case other than Ms. Van Story and Reverend Nash?

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No hands at this time, Chair.

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Thank you. Planning Commission.

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Good afternoon. Greg Weldon, Planning Commission staff.

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This property is indicated for multifamily residential use in the comprehensive plan.

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We do not believe that an addition of one unit would have an adverse impact to the block.

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Accordingly, we have no objection to the granting of the requested variance.

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Thank you. MI 2020-001303 1515-17 North 16th Street. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes.

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Thank you, Mr. Chairman. Thank you. Thank you. Calendar number 1292, 2018 East Tioga Street.

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Mr. Chair, it's a letter. We have a letter in non-opposition from Councilman Squilla on this.

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Thank you.

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Good morning, Mr. Clinton.

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Morning, Mr. Chairman.

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I'm Mr. Clinton. Name and address, please, and spell your last name.

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Henry Clinton, C-L-I-N-T-O-N, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.

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Henry Clinton, C-L-I-N-T-O-N, Queen Memorial Building, 3rd.

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Do you swear on a firm to tell the whole truth and nothing but the truth?

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I do.

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Do you also agree to wave and stip?

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I do.

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And again, have you emailed the exhibit packet with proof of ownership, tax compliance,

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the refusal of the referral, photos and plans of the property five days within advance of this

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hearing? And have you met with the RCO and do you have a letter? Yes. Okay, you may proceed.

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Thanks. Good morning, Mr. Chairman, members of the board. Ms. Sunke, can I share my screen?

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Yes, you can, Mr. Clinton.

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is that large enough to see mr chairman

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yes yes yes this is good this is good okay uh this is concerning 2018 uh east tayoga street

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This is my presentation binder containing exhibits A-A through A-11.

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Appearance statement, the refusal.

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This is an RSA 5 zone, but as I will show you on this side of Tioga Street, it's generally multifamily.

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And the request is to add a three-family unit at this property.

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We met with Harrogate Civic Association.

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They are in support 12 to 1 at the meeting.

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They voted in our favor.

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They asked us to install cameras, provide some additional lighting, file a sidewalk tree application, and to have regular maintenance on the exterior sidewalk of the building.

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This is a pretty unique situation in that 2018 Tioga, my client purchased a property from the sheriff in September.

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The deed didn't get recorded until October.

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And then in November, for whatever reason, and you can see there's a sticker on the front door, the city demolished the building.

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And you'll see my photographs as I work through this presentation.

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This is the block right now.

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2012 is a duplex.

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2014 is a duplex.

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And I have documents at the end of my presentation to show you that.

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This was 2018, which the city demolished.

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This is a two-family, and this is a four-family.

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Here are photographs of the lot right now.

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You can see our posters notifying the community of our meeting today.

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Another shot of the vacant, now vacant lot.

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So the plans are to have three one-bedroom apartments on this site with one bedroom on

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the first floor, one bedroom on the second floor, and one bedroom on the third floor

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with a rooftop deck.

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These units are going to rent in the area of about $750 a month.

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We told the community group they were happy with that, and that's one of the reasons they

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issued their letter of support.

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The following documents are the deed, my mailings.

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I have to explain the tax certification.

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So I have attached real estate tax bills indicating that earlier this week, my client

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owed about $750, which he paid.

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This is a line from his credit card statement indicating that he paid.

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And then this morning, we just ran another printout from the UOPI indicating that he now has a credit of $336.

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That goes to the tax certification.

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These are your additional documents that are typically part of the presentation binder.

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The zoning map.

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I will have a witness who's on the call.

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Here's our zoning letter.

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certification that we mailed out 198 letters to the surrounding neighborhood but here's the

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records I wanted to show the board indicating that in fact my aerial photograph does represent

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what the remaining homes on this block on this side of the block are. 212 is a two family this

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since 1985. 214 is a two-family since 1976. 2020 is a two-family as of 2012 and 2024 has

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been a four-family since 1992. So I will entertain any questions that the board may have.

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So I will entertain any questions that the board may have.

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Do you have any witnesses?

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I have one witness to the owner, Wojtek Spadlow, who's on the call.

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And if he could be unmuted, I'll ask him to adopt my testimony.

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Wojtek, are you there?

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please unmute your mic oh yes do you hear me yes sir please identify yourself with the records by

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your first and last name his name vojcik w-o-j-c-i-e-c-h last name spadlo s-p-a-d-l-o

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i am the owner co-owner of the property thank you you swear or affirm to tell the truth the

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truth and nothing but the truth yes i do thank you did the court reporter get that spelling correct

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yes i did thank you chairman thank you uh mr uh clinton thank you mr chairman uh mr spadlow have

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you heard my testimony today yes i do if you had the opportunity to testify would you adopt my

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testimony as your own and as true and correct yes it is thank you mr spadlow thank you any questions

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from the board no no no no anyone else 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 morning this is greg walden planning commission staff this property was rezoned

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to residential single family in 2017 as recommended in the comprehensive plan

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However, we believe that three units is an overuse for the size of the lot.

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However, we would not object to two units.

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Thank you. MI 2020-001292-2018 East Tioga. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes. My vote is yes.

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Carol, before you go, I'm going to be jumping off this call, this hearing for about 20 minutes or so.

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I know you're going to be here. I'm going to be here. Okay. Confessor, everybody,

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you'll have a quorum, I believe. James, you're still going to be on? Yes. Yes, sir. James,

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Professor and Tom? Yes. Okay. All right. I will see you all back in about 20 or 30 minutes. Thank

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you. Okay. Great. Calendar number 0263 1383 Sanger Street. I have a Sousa.

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Could you hear me?

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Yes, I can hear you, but I can't see you.

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Oh, yeah, I won't be able to show my appearance, but my name is Verna Souza.

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I'm the owner of 1383 East Sanger Street.

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Okay, can you spell your last name, please?

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Yes, no problem. S-O-Z-A.

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I'm sorry, could we just pause one second?

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Keisha, can you present her as a panelist?

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Yes, I just wanted to make sure she was the applicant first.

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Yes, I'm the...

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She's coming back in as a panelist now.

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Thank you.

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This is Sharon Saleta, if I could say that we do have a letter of support from the RCO.

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she's back ma'am you can unmute yourself okay could you hear me yes can you put your name and

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address on the record please and spell your last name okay so my first name is verna v-i-r-n-a

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last name Souza, S-O-Z-A, and the property I am applying for is 1383 East Sanger Street,

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Philadelphia, PA-19124. Okay, do you swear or affirm to tell the whole truth and nothing but

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the truth? Yes, I do. And have you emailed your exhibit packet with proof of ownership,

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tax compliance, refusal or referral, photos and plans of the property, five days in bail,

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

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this hearing and have you met with the RCO and do you have a letter? Yes I have um and before we

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proceed is it possible if um the other applicant that's on the application which is under the name

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Feritza Cadillo you can see her on this call if she could share her screen to show that package

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as i present um sharon yes she can um okay if she raises her hand i believe she did yep

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