civus
Hearing video

ZBA Hearing - September 23, 2020

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

if anyone uh the board members have questions and then go to the public uh because i believe

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and then.

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mr bertiel has finished with his presentation and their planning thank you do any of the board

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members have questions no no no is there anyone else with questions that would be uh i'm going to

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you tanya yes it appears that no one has their hands up at this time um any

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commission oh i'm sorry no it's fine

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planning commission morning this property is indicated for residential use

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on the city plan this is an existing restaurant and due to the existing

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corner commercial pattern on the block we do not believe this proposal will have

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any negative impacts on the surrounding area accordingly we are not opposed to the granting

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of the variance okay vice chair it appears that uh the chair uh left to return hoping that his

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audio will work so it's your call and we have four people for a vote or if you wish to wait

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for the chair your call i actually spoke with the chair and he um suggested that the board go ahead

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didn't vote who's holding up sign calendar number mi-2020-000244 1754 south hick street my vote is

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yes my vote is yes my vote is yes my vote is yes thank you members of the board can i ask uh

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i wasn't sure if the chair would do this after or maybe this is a question for sharing but i

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uh wanted to confirm that that includes the proviso to uh accept the amended plans

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frank can you hear you can hear can you hear me yes all right good i i didn't hear with that

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portion of it i had this footage yes with amended plans sharon yeah uh sharon did you receive that

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document and mr bertel if that's the case how many pages would that be it would be one page

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okay i need those emailed to me along with the proviso plans form now um and if you could move

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the vote back one case we also we do have mr mulbahill is on the line so if you can go back

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to writner street i will review the revised plans for this for this case so we're pulling back on

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the vote yes okay so strike that vote and we will come to it later calendar number three nine six

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1627 ritner street the attorney is levo mulvihill

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good morning members of the board good morning mr malva you put your name and address on the

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record please certainly my name is leo mulvihill m u l v as in victor i h i l l address is 2424

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east york street suite 111 philadelphia 19125 here on behalf of the applicant kelly peterson

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okay and do you swear to tell the whole truth i do also waving and stepping correct

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okay you are here for a limited reason and that is to tell us how the rco meeting went

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Yes, members of the board. So I'm here. We had our, we were here last Tuesday for a zoning hearing on this matter. The RCO wasn't able to hear our case until that Tuesday evening.

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After that meeting, discussing everything with the neighbors, we did receive a letter of support from the RCO, which was forwarded to the email address for the zoning board by the RCO last week.

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i've forwarded another copy to ms suletta this morning for the review of the board

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okay thank you is there anyone here specifically specifically i was trying to pull up a copy

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um which i have in front of me at the moment

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and the vote was the vote was three in support two of non-opposition the overall position that

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was taken via the letter then dated September 17 2020 with a position of

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support from the Broad Street West RC oh this was the pet facility yes this was

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the dog daycare located on the corner there okay thank you any questions from

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okay thank you uh any questions from the board no no anyone else wish to testify in this case

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mr mobile do you need to have your witness brought on again your client rather uh that's

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not necessary as we're just simply submitting this letter for purposes of the board right

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We got our testimony last week.

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Okay.

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I think, I don't know if the Planning Commission weighed in, but I'll ask the Planning Commission

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again.

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We weighed in last time.

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Yes, they already did.

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Okay.

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All right.

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What is the calendar number?

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Calendar number 39612, 1627 Rittner Street.

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Okay.

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Calendar number 39612, 1627 Rittner Street.

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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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thank you thank you and if you'd like you can now go back to mr bertill's case i have reviewed

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the revised plans form and the revised plans and um they can be stamped if and added as a proviso

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one page i would ask that mr bertill send me if he hasn't done so a copy of each of those

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the plans and the plans form each as a separate document so that they can be stamped thank you

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we can vote it though correct yes correct that mi-2020-000244

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1754 south hick street my vote is yes and with the proviso revised plan one page approved today

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my vote is yes with proviso yes with proviso yes with proviso yes with proviso

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calendar number mi-2020-000225 1561 east topolhockin street number four

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this is an application for a permit for three-family dwelling

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a multi-family dwelling in an existing structure

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this use multi-family dwelling is prohibited in the zoning district

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tanya i'm looking for a robbie burks yes i'm promoting them to panelists thank you robbie

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Burks. You've been promoted to panelists. You can speak by omitting your mic and sharing your screen

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as necessary. Good morning. Can you put your name and address on the record, please?

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Robbie Burks, 1561, 812 Hockey Street. Okay, and do you swear or affirm to tell the whole truth and

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nothing but the truth? I do. Okay, you may proceed. Where am I? So, this is Crystal Thompson. I'm her

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daughter. I've been helping her with the whole application for variants. We're coming to you

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guys today because this is an existing structure. Since 1953, this was a two-apartment building

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and a doctor's office okay excuse me excuse me do you swear or affirm to tell the whole truth

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and nothing but the truth yes i do did we get the correct spelling of her name please

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sure can you put your name and address on the record and spell your name crystal c-r-y-s-t-a-l

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thompson t-h-o-m-p-s-o-n the property address is 1561 east top of hawkins street philadelphia pa

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19138. Thank you. Have we heard from the owner or applicant at all? She's here. We have. She was the

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first one to speak. Yes. So 1953, a variance was given to the prior owner for an addition.

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um since then it's been listed and used as um a two apartment and he lived upstairs from 1953

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to 1973 that's when my parents bought the property miss burks miss burks i'm sorry

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we really need your mother to put this on the record okay i'm saying the same thing yeah

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This previously was a

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This previously was a used, what was it you said, as a doctor's office.

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It was used as a doctor's office.

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She's having some medical issues, but mom, do the best you can, please.

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I'm sorry, you are her daughter and you have firsthand knowledge of the information that

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you're presenting on the record i do um then the board's call if we'll allow that sure that's fine

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okay thank you um so application 50309b was in 1953 that's when the variance was requested and

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granted to the original owner um for an addition the property has always been used as two apartments

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and um he lived upstairs in 1973 the property was bought by ronald burks my parents and they

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continued to use it live upstairs and use it as apartment dwellings downstairs he passed away in

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2005 robbie burks go and get the property into her name and then it's a single family dwelling

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When all the corner, the corner properties, 1561, 1501, 1601, 1600, within the two block radius, the corner properties are basically multifamilies apartment buildings.

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So we're not sure why her zoning was changed.

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We did go to the RCO and we did get support from the RCO also for the variance for this current property.

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the usage so you're basically asking to legalize what was a triplex for a number of years right yes

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sir do you have any floor plans by any chance um yes uh there are a few of those with us that

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would be helpful okay uh can you guys see the screen not yet no okay none of your material

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yet. Did you click share screen yet? Oh, let's see. Oh, share screen. There you go.

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After you click the green button share screen then click on your document.

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Okay. Do you see it? No, not yet. Okay.

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share screen there we go there you go okay now double click on the actual document

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do you see it you got it okay so I'm going to enlarge it for you

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So this right here is the addition that's been in question. 19 feet by 3 inches by 18 feet by 4.

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It's always been there, really attached to the property since the variance was granted in 1953.

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okay um questions from the board no no no no no one else wish to testify in this case if so

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please raise your hand here we have hillary emerson from the council person's office good morning

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Hillary Hillary you can unmute yourself sorry I thought I had unmuted myself um good morning

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Mr. Chair members of the board uh sorry I have a co-worker here with me um Hillary Emerson H-I-L

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a-r-y um emerson e-m-e-r-s-o-n on behalf of councilwoman sherelle parker we're in the firm

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to tell the truth the whole truth and nothing but the truth i do um uh mr chair uh as uh um

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ms thompson noted uh this property was approved for an extension back in 1953

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um and the notes at that time indicate that the property was um approved for two families plus

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the doctor's office it's a little bit confused it confused as to what the configuration was

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It's a little bit confused as to what the configuration was at that time from the documents,

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but it does say two family plus a doctor's office.

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The councilman is not opposed to a triplex of this location, given that it is a corner property.

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It's entirely above grade with separate entrances and exits for the basement units.

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And in the area, the corner properties are multifamily, and some do have a history or even current commercial use in the ground floor.

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The community was not opposed, but a couple people wanted to be sure that if this was approved as a triplex,

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that it would stay in its current configuration and that the top two floors that were one unit would not be changed.

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settlements as a way to provide though existing configuration with the two units in the basement

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and then the remaining unit on the second and third floors or first and second floors, however,

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that's done. And then because this is a triplex, we obviously ask for a certificate of occupancy

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to be obtained within nine months to ensure that all the fire code requirements are met.

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that's all i see chair

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uh was there a proviso you said uh hillary about the uh configuration was it yes the the community

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there was a concern raised in the discussion at the meeting that if this is approved as a triplex

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it might be reconfigured and they didn't want to see any changes in the current floor plan

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no changes cities no changes to the current floor plan right exactly so two units in the

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basement and then the other two floors being a single unit and then a ceo

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anyone else wish to testify in this case if so please raise your hand

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no one thank you planning commission

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this property is indicated for residential use on the comprehensive plan due to the

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existing three unit layout and the multi-family corner block pattern we did not believe this

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proposal will have a negative impact on the surrounding area accordingly we are not opposed

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the granting of the variance thank you sorry brian could you also whenever you give your

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um recommendation please state your name and agency brian when rick city planning thank you

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sir thank you thank you uh calendar number mi 2020-000225-1561 topo hawkins street my vote is yes

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with the following proviso to be obtained within nine months and no reconfiguration of the current

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floor plan my vote is yes with proviso yes with proviso yes with proviso yes with proviso

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calendar number mi2020-000214 1825 east pacific street

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The attorney listed is Shawn Ward.

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Madam Chair, this here was requested by Shawn Ward for continuance.

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Frank, do you want to announce it or do you want me to?

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um yeah you can uh calendar number mi-2020-000214 1825 east pacific street is being continued

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thank you calendar number mi2020-00021849 palethorpe street number b

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Sarah Alderfer, who's the attorney?

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That's Pell4, P-E-L.

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Sarah, you have been promoted to panelists.

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You can share your screen.

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And unmute yourself to speak.

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Pell4.

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Good morning, Sarah.

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Put your name and address on the record, please, and spell your last name.

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Sure.

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S-A-R-A-H-A-L-D-E-R-F-E-R, Sarah Aldafer, 1500 JFK Boulevard,

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Suite 800, Philadelphia, 19102.

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

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

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I do.

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I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Do you also swear?

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I do.

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And I have an initial request that this matter be heard along with 1849 North Pale Fork Street, MI-2020-00209.

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They're adjacent properties and they have a shared history and we're requesting the same variance for both.

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Is that an A or B? Is it 209 is, 210 is listed as unit number B as in boy? Is 9 B as well? Or is that?

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It's 1849 North Pallethorpe. So there are different addresses, but they're adjacent properties.

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sorry it's confusion sarah we're on 1849 pelthorpe and the next one you want to be heard with it is

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oh excuse me 1848 with hancock thank you thank you tanya

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so they're going to be heard together uh if it pleases the board

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it's it's probably the same thing yeah that's okay so 1849 north hancock and 1849 palethorpe

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is that correct yes correct okay the calendar number for 1848 north hancock street is mi 2020

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money dash 000209 right thank you and you're swearing and affirming to tell the whole truth

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and nothing but the truth for both of those yes and waiting and stipping for both correct

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and you've also or have you also emailed an exhibit packet with proof of ownership proof

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of tax compliance a copy of the refusal or referral and photos plans of the property five

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days in advance of this hearing, and have you met with the RCO, and if so, do you have a letter?

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Yes, I emailed the exhibits on Friday, and I have a copy of the letter, which is in the exhibit

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packet at page 40, which I can bring up on the screen now. Okay, you may proceed.

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All right, so I'm here on behalf of the owner of both properties, Desi Properties, LLC,

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and its principal, Guido Jaramillo. These are adjacent properties located at 1848 North Hancock

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and 1849 North Pilthorpe. The owner acquired the properties by deed dated December 15, 2017,

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which is Exhibit 9 and Exhibit 16, pages 52 and 86 of the Exhibit PDF.

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So this goes back, the history of this property goes back to November 4, 2015,

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when a variance was granted by the board for a large parcel that included these two properties.

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That variance was to subdivide into 19 lots with single family on the lots going down Pailthorpe and down Hancock, and then these two corner properties, which are at issue today, were to be commercial cellar first floor with two apartments above on each.

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At that time, the properties were zoned ICMX.

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In March of 2016, admin review was granted to correct an issue with the use registration on the original variance

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and register the properties as commercial, seller first floor, apartments above.

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um in september of 2016 the properties were remapped from icmx to rm1 by city council bill

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number 160465 which is exhibit five of your packet um that is page 29 here so the properties

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were remapped from here ICMX to RM1 so the commercial use is no longer by right and we're

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seeking a variant to register the uses a variety of uses in the existing commercial space so that

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we can use the commercial space. We've met with South Kensington Community Partners who supports

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the proposal um and i can show for reference the plans of the property

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the proposal and I can show for

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