civus
Hearing video

ZBA Hearing - August 2, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 2, 20234h 35m

and our Executive Director, Tanya Sunkett.

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Here's our virtual format.

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Be advised if the proceedings are being recorded.

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The video will be available by contacting tanyasunkett at philo.gov.

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For the benefit of our court stenographer,

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we ask attorneys and witnesses to identify themselves before testifying.

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If you're not participating by phone, if you are participating by phone,

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if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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to an appearance statement, call 267-270-5548. Leave your email and the address of the property

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in question. And finally, the question answer box on the screen is now for comments or testimony.

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Any comments should be directed to our executive director, Tanya Selkin.

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Let's look at this afternoon's schedule for continuances. Number four, MI 2022-007-295-5737

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Elmwood Avenue. That case is continued. And number nine, MI 2023-001-536-6109 Market Street.

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That case is continued. Are there any comments relative to the cases I just continued?

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Good afternoon, Chair. This is Yvette Benton. I'll be your co-host for this afternoon,

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and I see no hands at this time. Are there any other requests for continuances?

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chair we have a bridget powell with their hand up they have been unmuted and allowed to speak

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hi could you state your name please and spell for the court stenographer

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miss powell please unmute yourself

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miss powell could you state your name and spell for the court stenographer can you hear me i can

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Can you hear me?

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Yeah, I can.

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Bridget Powell, B-R-I-D-G-P-O-W-E-L-L.

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Right.

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Right. Do you swear, Fern, to tell the truth, the whole truth, nothing but the truth?

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Do you swear, Fern, to tell the truth, the whole truth,

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and nothing but the truth?

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What case are you involved with?

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I just wanted to...

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6109 Market Street.

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We see that?

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that was the one we just continued mr chair okay that case has been continued ma'am

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okay and we'll get a new date when it will absolutely

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okay all right thank you are there any other requests for continuances

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chair i see no additional hands at this time thank you

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so let's go to our add-on list number one MI 2023 000 277 1222 Hallworth Hallworth Street

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I vote yes temporary variance to expire 8326

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James Snell, I vote yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you.

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Tom?

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Okay.

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Thomas Holliman, my vote is yes, with proviso.

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Thank you, Tom.

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Number two, MI 2022-007-546-138-40 Tasker Street.

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I vote yes with proviso.

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Her amended refusal dated 7-18-23.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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I vote.

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Ishmael Shaheed, my vote is yes with proviso.

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Doctor, we're going to re-vote a case from this morning.

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So the vote will be myself, Thomas Hobbes, and Ishmael.

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MI 2023-00972-313 West Somerset Street, I vote yes.

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The approval is for two-family household living above a vacant commercial space on the first floor.

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Use registration required prior to occupancy for vacant commercial space.

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Thomas Holloman, my vote is yes with proviso.

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Ismail Shahid, my vote is yes with proviso.

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Thank you.

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We're going to go to number one.

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MI 2022-006-187, 7054 Forrest Avenue. Daniel Reisman is the attorney.

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Letter of support from the 10th Ward Democratic Committee. Letter of support from Council Member

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Phillips. Applicant also provided six foreign letters of support from neighbors in the 7,000

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block of Forest Avenue. Mr. Reisman is coming back in as a panelist, Chair. Thank you.

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Hi, Mr. Reisman. Could you state your name, please, and spell for the court reporter?

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Unmute yourself.

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Mr. Reitman, you're muted. Can you hear me? I can hear you now. Could you state your name,

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please, and spell for the court reporter? Yes, it's Daniel Reisman, R-E-I-S-M-A-N.

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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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I do. But do you identify your client in relationship to this property?

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Yes, my client is the owner of the property, McDougal LLC.

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All right. And our vice chair has just a few questions, sir.

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Okay.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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

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Yes, I have.

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Great. Thank you. Please proceed and share your screen.

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Okay. Can you see my screen?

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We can.

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Okay.

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Okay. The property is, and I'm here with my client, Jen Edinger. I've submitted to the board to the ZBA exhibits, which

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The I've submitted to the board to the ZBA exhibits, which you'll see on the left side of my screen, exhibits one through 10.

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They include photos, maps and letters of support. As the chair mentioned, the letters of support are from Councilman Phillips and the RCO, 10th Ward Democratic Committee.

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The property is located at 7054 McDougal. I'm sorry, Forrest Avenue. And here's the map of the property. Google map. Here's the property. Here's Forrest Avenue. And it's near the corner with Middleton Street.

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Here's an aerial view of the property.

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And here's a view of the property from the front.

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I'm going to show you some photos of the property now, some other photos.

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Here's the property.

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And in terms of the history of the property,

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since 19, the proposal is to continue the use

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of the property as a duplex,

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which has been its historic use

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that recently lapsed the permit for a duplex.

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I've included as an exhibit number six,

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the prior permit that was issued in 1949.

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and here's the permit. And you'll see that the permit shows the present use at that time was

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60 with single dwelling, proposed use to family dwelling, and that was approved in 1949.

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Since that time, until very recently, the property has been used as a duplex.

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My client purchased the property in 2013. Here's the city search statement,

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and you'll see on the cert statement, again, it shows legally registered use for the property

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as a two-family dwelling. The interior photos show, number one, that my client has recently

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renovated both units. Currently, the first floor is vacant, and the second floor is occupied by

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a tenant. Now, if you look at the photo here, you'll see that since 1949, so we're talking 70

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years, the property has physically been divided into two units. So here's the front of the

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property. And you'll see this is the door that leads upstairs to unit two. And here's the door

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that's unit one. The property interior of the property is physically laid out as two separate

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units, and the interior photos show that. So there are two separate kitchens, two bathrooms,

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separate gas, separate electricity, separate furnaces. So the property has effectively been

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used this way for 70 years. As I stated, the permit recently left, so we're simply back to

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reinstate the longstanding permit. One other point is that the use of the property as a two-unit

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dwelling is very consistent with what's on the immediate block. Here's a plan that we've

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prepared. This shows all structures on the property that are used for two or more units.

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And all told, you'll see that there are a total of 13 structures on the block that are used for

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two or more units. Two of them are actually for five units at the corners. These are all two

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units. And then you'll see here are some photos showing all these other properties. There's the

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five units. You'll see this one has first floor. So this is one that's two units. Here's another

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two units. So the use is not only 70 years, over 70 years that it's been used, but it's also very

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consistent with the uses on the block. And we're just simply seeking to continue this longstanding

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use. And that's it. Adopt your testimony. Yes, I would. Jen Edinger, could you please raise your

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your hand on the remote.

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Chair Jennifer Enger has been unmuted and allowed to speak.

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Hi, could you state your name, please, and spell for the court reporter?

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Yes, good afternoon. My name is Jennifer Enger. It's E-H-I-N-G-E-R.

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I-N-G-E-R.

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You swear her for her to tell the truth, the whole truth, and nothing but...

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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, sir.

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Proceed, counsel.

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Ms. Enger, did you hear my statements?

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Yes.

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And are they true and correct to the best of your knowledge, information, and belief?

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Yes.

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And you adopt them as your own?

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Yes.

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Thank you.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, I see no additional hands at this time.

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Thank you.

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Planning Commission.

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Ron Bednar, City Planning.

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First name, Ron, R-O-N.

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Last name, Bednar, B-E-D-N-A-R.

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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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I do.

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Please proceed.

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The property is indicated for residential use on the city plan,

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Given its documented use history, the physical condition of the property, we recommend the request of variance to be granted.

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Thank you. MI 2022-006-167-7054 Forest Avenue, I vote yes.

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James Snell, I vote yes.

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Ishmael Shaheem, my vote is yes.

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Tom?

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Counsel, you have your three votes.

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Thank you, Mr. Chair, members of the board.

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Okay.

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We're going to hear three cases together.

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It'll be number two, number five, and number seven.

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Number two, MI 2022, 006-127, 1433 North 17th Street.

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Number five, MI 2022, 006-105, 1412 North 17th Street.

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And number seven, MI-2022-006-107-1421 North 17th Street.

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Aisha, you have a comment?

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Yes, Chair.

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I'm going to actually recuse myself from these three cases.

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Thank you.

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So Matthew Monroe is the attorney for the purchaser and also Leonard Reuter.

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Could he please come on too?

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both of them have been promoted to panelists chair i mr monroe could you state your name

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please and spell for the court reporter sure um good afternoon chairman bergman members of the

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board matthew monroe m-a-t-t-h-e-w monroe m-o-n-r-o-e do you swear for him to tell the truth

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the whole truth nothing but the truth i do um leonard could you state your name please and

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did i swear you once that i swore you in once that i just state your name for the record

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leonard we can't hear you whoops sorry can you hear me now okay sure uh leonard f reuter r-e-u-t-e-r

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senior attorney for the city of philadelphia okay um mr monroe will present his case leonard then

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will bring you one. Do you stick late to the reading and the accuracy of the

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refusals? Yes, Chairman, with one quick caveat, I think for 1412 through 18 North 17th Street,

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which is MI-22006105. The plans examiner did not include the multiple addresses for the

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consolidation of this particular property. We have requested, I believe with the consent of

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the zoning board, an amended refusal to correct so all the addresses are included, but with the

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remainders there. Okay. And just for point information, we have letters of support from

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the council president, from state representative Kenyatta, state senator Street, and a letter of

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support from the United Neighbors Alliance Civic Association. So why don't you begin?

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Good afternoon, Chairman Bergman. And I believe you've had trouble hearing me recently. Can you

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hear me all right? We'll hear you fine. Okay. These three applications are on behalf of

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a nonprofit purchaser Pathways Housing Wellness Corporation, which is a nonprofit corporation that

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seeks to build affordable housing in abandoned and blighted neighborhoods and areas that need

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and areas that need the affordable housing. We have these properties under agreement with the

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the affordable housing.

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City of Philadelphia and the Philadelphia Housing Corporation and the Land Bank. Those documents

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and the ownership documents are included in each of the three presentation packets, and I'll just

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run through generally what they are. We have the titles in lieu of deed at Exhibit 1, and each of

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these packets are uniform, the refusals at Exhibit 2, the applications for appeal at Exhibit 3,

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along with proof of service to the RCOs and the near neighbors. And Chairman, we met with the

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registered community organization back in December after providing proper notice,

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but this was a second meeting. Initially, my client reached out to the community and met

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with BEACH, which was a registered community organization we believed was going to be the

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the correct RCO. But in any event, we had more meetings than we were required to have

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