civus
Hearing video

ZBA Hearing - September 23, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20205h 18m

S-L-O-A-N-E

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F as on fire or L-K-S

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Room 508 City Hall

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And you're still under oath Mr. Fulks

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Yes sir

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I would like to request continuance for appeal number 39848

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1383 Sanger Street. The applicant has not milked the RCO and we wish to request

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continuous until such time as the applicant meets the RCO. Thank you.

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number one on our sheet. MI-2020-000263-1383 Sanger Street is continued. If there's anyone

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who has a problem with that case being continued, please identify yourself. If not, we'll move

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on to the next case.

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Chairman, I have a request that came in from Attorney Allen Nockerson to continue number

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two on your list.

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Thank you.

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MI-2020-0007661512Lindley Avenue is continued.

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I have a request, Chair, for a continuance from the attorney that came in for number

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four on your list.

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Titan Street.

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Okay.

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MI-2020-0006992143, Titan Street is continued.

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And I might add, Chair, that that was requested by the RCO as well.

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Okay, that case is continued at the request of the attorney and the RCO.

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Thank you.

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I would also like to state case number five on your list.

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A request to continue came in from the attorney, Vern Anastasio.

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Thank you. MI-2020-000745-212. Robin Street is continued at the request of the attorney.

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If I might add, Chair, a continuance request came in by attorney Darlene III for number six on your list.

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Thank you. MI 2020-0002345123 Viola Street is continued at the request of the attorney.

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Thank you. MI-2020-00023.

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That's all that I have.

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There are two more cases. This is Sharon Saleta. There are two more cases you might want to call

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to see if there's anyone here

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we haven't received exhibits

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for number 7 or number 8.

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Okay, now is there

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anyone present for

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MI-2020

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000718

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606

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excuse me

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6066

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Vine Street. If there's anyone

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and

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someone should speak on this case, please raise your hand.

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hands up at this time thank you so that's a continuance

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or is that a continuance or dismissal if i could ask that we could uh continue it

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okay all right so mi-2020-0007186066 vine street is continued

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And what about the 2241 North 15th?

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Is anyone here for 2241 North 15th?

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No Chair, you can proceed, plus Sharon did not receive exhibits timely.

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So we have nothing on this case, no exhibits, no requests for continuances?

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nothing all right mi-2020-000233 2241 north 15th my vote is to dismiss dismiss

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dismiss

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unless this was the second listing i thought that we were going to continue all cases

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I apologize yeah you're right I'm so used to not doing it that way all right so let's go back

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on the record again MI-2020-000233 2241 North 15th Street is continued. Thank you. Thank you.

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Carol I think we're going to go with Mr. Jin's case first.

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Did you get that from Ms. Sharon earlier?

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Yes, set calendar number 39325, 4606 Woodland Avenue.

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Good afternoon.

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Good afternoon. Name and address for the record, Mr. Jin?

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Sure. Z-H-E-N-J-I-N, Zin Jin, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA, 19103.

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here on behalf of the applicant.

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My client is also here with us,

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ACES Estate LLC.

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The gentleman representing that company

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is Vaz Avakayan.

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Jen, you're still under oath from earlier today.

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Do you agree to wave the reading of the refusal

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and stipulate to its accuracy?

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I do.

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And have you emailed the exhibit packet

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with proof of ownership, tax compliance,

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

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have you also met with the rco and do you have a letter i do we have submitted the

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necessary documentation at least five days ahead we did receive a letter of support from the

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community organization as well thank you you may proceed thank you i'm going to go ahead and share

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the information with the board. So just to quickly go through the exhibits, we

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have provided a notice of hearing, refusal, the support letter from the

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community, certificate of tax clearance deed, our application, the PIF, photos,

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and with this latest submission, the revised plans as well as the prior

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submitted plans. When we first came before the board, this is a second hearing,

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when we first came before the board, the application was for a five unit in a CMX2

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property. The property has been vacant and was rebuilt. What the proposal is to rebuild it and

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use it as a five family. The community actually met with us and supported the proposal. However,

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at the first hearing, the board reviewed the plans and there were concerns that these units

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were too small and the plans were rather vague when it comes to providing the

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providing the details that the board required. As such, we have rescheduled with the board to

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details that the board required. As such, we have rescheduled

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present the plans before us today. First of all, my client has reduced the unit count from five

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to four. One of the units that were originally proposed in the back of floor one is removed

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because in order to provide more space storage for the other proposed units, instead of having

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a unit in the back where the commercial space exists my client has converted it into a accessory

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storage space allowing all the other occupants to have more storage space since their units are

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rather small in addition we're keeping the existing commercial space in the front the way this

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building is designed there's a center stairwell which splits essentially the building front and

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back in half and that's part of the reason we kind of designed the units as front back units.

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They are small units but per the board's instruction we have made the plan so that it is clear

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how the bathroom, kitchen, and the bedrooms will be specifically laid out in each of the units.

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They are mirror image, I'm sorry, they are mirror images of each other on each floor and they have

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reduced from a total of five to four. In addition, with the centralized

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stairwell, everyone has access to the rear yard

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allowing trash storage pending pickup day.

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The front commercial space also has its own

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entrance which is also existing. The separate entrance for the

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residential units would allow the residents to not have to

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access at all the commercial space. The basement is for utilities only

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so there's no living spaces in the basement all the living spaces that are now located only on

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the second and third floor these are small units but I do want to point out part of the reason

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the community supported this application is because in our discussion with the community

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they really wanted what is essentially lower income or lower cost housing and we negotiated

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and discussed with the community that these smaller spaces although they are small would

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reduce the cost to individuals who are looking to utilize the space and therefore they actually

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approved our original plan of five units although I understand the board's concern with the small

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sizes and my client did in fact reduce it by one unit and provide now a shared storage space as

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additional space for any occupants in the upper floor so we would ask for the board's favorable

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consideration in this request this is a cmx2 property however this building as you can see

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from the photograph and I'm going to shrink that down to a easier size to look at. This building

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has been vacant for quite a while it was actually an unsafe structure at one point but generally

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speaking the interior base structure is usable but it will require extensive renovations to make it

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nice and habitable for the proposed uses. The block itself also has mix of commercial

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residential use with some apartments being proposed and built nearby as well. So this,

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even though the density of this particular proposal is rather high, it is not out of

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character with the neighborhood and not out of character with the cost of the area. And again,

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that's why the community supported our proposal i'm i'm back on the floor plan here so if the

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board wants to reference any specific parts of the plan i'll be happy to zoom into it

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thank you any questions from the board

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anyone else to testify in this case please raise your name i believe my client is here

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vass can you raise your hand please he can unmute himself thank you

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this is sharon salette i had one question if the board should vote to approve this

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would it be enough to say maximum four units rather than revised plans or are you submitting

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revised plans to be stamped i i'll leave that to the discretion of the board um we're certainly

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happy if the board wants these plans stamped it's not an issue okay yeah i think we'll get them

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stamped there are no other hands up for this particular case i can say we generally don't

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don't the board generally does not stamp floor plans because um i mean if you want to move a

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the board generally does not stamp floor plans because um i mean if you want

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bathroom or do something internal that's minor in the future it could stop you from doing that

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post and that a proviso will be put in no more units on the first floor other than commercial

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and storage that would essentially match what the plans would be requesting repeat that repeat

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it will be a maximum of four units no residential units on the first floor

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only commercial space and storage permitted thank you thank you did your

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client get on you I I believe I asked him Vaz if you're here please raise your

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hand on the zoom app so you can be so you can testify actually I see him yes

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Hello? Yeah, this is Boz Avakins.

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Sir, please spell your first and last name.

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V-A-Z-G-E-N. That's my first name. Last name is A-V-A-K-Y-A-N.

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And your address?

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1398 Chikupin Road, Southampton, PA, 18966.

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Thank you. You swear to the firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Thank you.

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Could I just ask if we could have the street spelling of his address?

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Would you spell the street?

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Chikwapin.

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C-H-I-N-Q-U-A-P-I-N.

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Thank you.

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Thank you.

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Thank you.

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Mr. Avakian, you heard my testimony before the board in the last few minutes.

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Can you verify that all my testimony is true and correct?

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and adopt it as your own?

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Yes, I do.

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Thank you.

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Thank you.

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Anyone else to testify in this case?

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Please raise your hand.

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No one, Chair.

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Thank you.

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Planning Commission?

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This is Ronald Bednar, R-O-N-A-L-D, B-E-D-N-A-R.

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Planning Commission.

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And could you swear them in, Chair?

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Ron, do you swear to the firm 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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While this property is currently indicated for neighborhood commercial mixed-use on a city plan,

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given the site's character and the location in relation to the block,

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we have no objection to the granting of the variance.

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Thank you.

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Calendar number 39325.

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4606 Woodland Avenue.

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My vote is yes with the following provisors.

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maximum four units first floor restricted to commercial and storage use only my

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vote is yes with proviso

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yes with proviso yes with proviso thank you very much

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calendar number mi2020 000975 1543 south 13th street the attorney is matt monroe well i think

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yes okay i'm matt hey good afternoon uh uh vice chair tenere how are you great name and address

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for the record please uh matt monroe monroe law uh coming to you from the uh monroe law south philly

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offices at 2030 pemberton street uh philadelphia pa 19146 do you swear to tell the whole truth and

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nothing but the truth i do do you also agree to wave and step i do and have you emailed an exhibit

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packet with the required documents including proof of ownership tax compliance refusal referral

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photos and or plans of the property five days in advance of this hearing have you also met with

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the rco and if so do you have a letter yes we um we uh sent the uh documents initially to the

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board administrator but we did forward them to uh the correct email so that was a slight

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snafu but um uh the documents are in uh and uh we did meet with the rco and we have a letter in the

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our board packet. Thank you. You may proceed. Okay. I'm just going to share my screen and

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I am here today. Also, I know my client, Vanessa, my client and friend, Vanessa Ginnarelli is

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on the call and available to testify. This is a case, I believe we did have a split boat at the

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RCA will just address that at the top and we received an opposition letter, but I believe

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that the evidence in this case will show that this is really a classic Hertzberg hardship case

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