civus
Hearing video

ZBA Hearing - October 6, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20214h 21m

The proposed entrance to the boutique experience is along 20th Street to respect the residence along Spruce Street.

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I believe that Karen Polino, an immediate next-door neighbor, may be present, and I know that Jason and Tom are grateful to her for the ongoing discussions with her about how best to restore this property and make it a gem for the neighborhood.

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We acknowledge 20th Street is more suited for the main entrance.

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The hotel residents will have indoor trash storage, commercial trash pickup, and City Living Philly has daily touch points with the property due to their close management.

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We have worked closely with the Center City Residents Association, which offers its non-opposition.

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And there are numerous letters of support from neighbors who are thrilled about the addition of the property.

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Here's one from Allison Herman, who notes that she's the owner of the property at 2001 Delancey Place, directly south of the property.

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And I quote, I am so pleased with the amazing renovation that you have nearly completed at the subject property.

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She goes on to note, quote, I totally support the variance that you are seeking, end quote.

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Here, a nearby neighbor, the business Charlie Dove, writes of the need for short-term furnished rentals for out-of-town visiting guests who don't want to stay in a hotel.

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And the Koresh Dance Academy, when, quote, when we have performances at Koresh Dance Company, frequently we have out-of-town guest performers, etc.

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20th and Spruce will provide a much needed solution for us, and I'm sure for many others

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in the neighborhood. And Salvatore DeAngelo, who lives across the street at 1923 Spruce

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Street, writes in support of the variants. I would like to note that the proposal fits

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into the surrounding neighborhood as evidenced by the non-opposition of the coordinating

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RCO. The variance would represent the minimum variance to afford relief and the least modification

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possible of the regulations at issue. The grant of variance relief will not substantially increase

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congestion in the public streets, increase danger of fire, or otherwise endanger the public health

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safety or general welfare. There is no change in the proposed density. The unit count remains the

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same. This will not adversely affect transportation or unduly burden, water sewer, school park, or

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other public facilities. There are no environmental issues. Mr. Nussbaum is available and prepared to

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raise his virtual hand to adopt and affirm Madam Chair. Mr. Nussbaum, can you put your name on the

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record and spell your last name and I'll swear you in? Jason Nussbaum, N-U-S-B-A-U-M, 1824 Spruce Street.

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n-u-s-b-a-u-m 1824 spruce street philadelphia 19103 do you swear if i'm to tell the whole

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truth and nothing but the truth i do thank you and mr nussbaum have you been present

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to clearly hear the entire testimony that i've offered to that yes and would you adopt and

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affirmatize your own yes thank you thank you is the board of any questions no madam chair no

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is there anyone in the virtual audience with any questions

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i see no hands madam chair thank you planning commission

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madam chair members of the board mason austin representing the planning commission

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The law is designated for commercial mixed use in the comprehensive plan and was remapped.

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Hold on a second.

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Yes, sorry.

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Long list today.

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The law is designated for commercial mixed use in the comprehensive plan and was remapped

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to match that recommendation in 2019.

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However, given the location, the existing conditions, and the support of neighbors,

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staff of the planning commission have no objection to the granting of the variance.

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Thank you.

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Calendar number 2099, 2000 Spruce Street.

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My vote is yes.

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Confessor Plaza, yes.

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James Fell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Thank you, Madam Chair, members of the board.

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Have a good afternoon.

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Thank you.

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You as well.

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Calendar number...

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Thank you.

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Hello, this is the reporter. I'm not hearing anything.

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I believe we lost the chair, correct? Vice chair, correct, Tanya?

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I'm sorry.

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I think so.

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Secretary Pausa, could you go forward? Thank you, Kylie.

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Sure. One second.

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All right.

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So, all right.

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Give me one second.

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Okay.

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This is calendar number MI 2021-002-574-2223, Frankfurt Avenue.

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Attorney is Jared Kling.

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good afternoon members of the board good afternoon sir do you swear or affirm to tell the truth the

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whole truth and nothing but the truth yes i do and i'm still under oath from this morning session

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right that's correct can you please identify yourself for the record absolutely jared klein

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k-l-e-i-n from blank road 130 north 18th street uh on behalf of the owner and q and do you agree

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to waive the reading of its refusal and stipulate to its accuracy? Yes, I do. And have you emailed

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an exhibit packet with the required documents, proof of ownership, proof of tax compliance,

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copy of the refusal or referral photos and plans five days prior to this hearing? Yes, I have.

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And have you met with the RCO and have a letter? Yes. Thank you. Please proceed. Thank you. I'm

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sorry secretary plaza this is tanya the board administrator um can i just confirm that mr snell

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is here and available for this hearing okay yes i'm here thank you mr holliman can i confirm that

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you're here and available for this hearing yes madam thank you you may proceed mr klein

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thank you miss duncan can everybody see my screen uh yes fantastic so uh i am here for

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2223 Frankfurt on behalf of Brewery Arse, which is a craft brewery that has a location

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in the West Paschalk area and is looking to expand with a second location.

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And we've received a special exception referral because as I'm sure the board is aware,

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in this area of the city, the overlay prohibits use of the property as a sit-down restaurant.

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So while it would ordinarily be a buy rate use in a CMX2, because of the overlay, we're going through the special exception process.

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To quickly orient the board, this is the property here located on Frankfurt Avenue.

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To quickly orient the board, this is the property here located on Franklin.

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Zoning map also to show we're in the midst of a commercial corridor.

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Everything around us is zoned CMX2.

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And this is a photo of the property.

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It was last used as a record store, but is now a vacant storefront.

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And these are some views on Frankfurt Avenue looking up and down the block.

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mix of use types on this section of Frankfort Avenue, as I'm sure the board is aware.

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Here are photos of posting in the window of the property.

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And here is a basic floor plan showing what we're intending to do within the space.

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I'll note on here the hours of operation are going to be Tuesday and Wednesday, 4 to 9,

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Thursday, Friday, 4 to 10, and Saturday, Saturday, 12 to 11, and Sunday, 12 to 8.

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This is a layout of the space. We do plan to have some outdoor seating in this sort of cut out open space area to the side of the property and some additional outdoor seating at the front of the property, assuming that the streets department approves of the necessary applications.

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applications. Trash is going to be stored in this area here, and we'll be having commercial trash

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pickup regularly as part of our business operation. And this will be an enclosed trash area. As you

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can see, it's next to the seating area, so there'll be a wooden wall here, you know, to prevent

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people from seeing too much of the trashy area while they're enjoying the space.

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um we met uh with both of the business improvement district and fishtown neighbors association

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fna's letter of support uh is on the screen in front of you now as you can see um they were

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receptive and supportive of our use and the limit on our hours of operation along with the exterior

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your trash and we also received a letter of support from the fish town Kensington area business

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improvement district we had a separate meeting with them and their letter of support is also

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included there I would like my client Sean Arsenault if he's available to raise his virtual hand

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please okay Sean if you're there please put your name on the ad your name on the record and spell

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your full name please he's coming back in as a panelist um that's the only way i could allow him

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to speak no problem thank you for tina hi uh my name is sean arsenal uh s-d-a-n uh last name a-r-s-e-n-a-u-l-t

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Thank you. Sean, you saw a firm to tell the truth, the whole truth for nothing but the truth?

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I do.

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Thank you. Please proceed.

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Thank you. Sean, I just have one question for you. Did you have a chance to hear my presentation

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and do you adopt what I said as true, correct in your own testimony?

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I do, Jerry.

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Thank you very much. I don't have anything further, members of the board, but if you have

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any questions, we'd be happy to answer.

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Okay. Does the board have any questions?

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No.

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No.

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okay is there anyone else here that would like to speak in this matter

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i see no hands thank you planning commission

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sorry yes thank you uh chair um the lot is uh this is mason austin uh representing the

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planning commission the lot is designated for commercial mixed use in the comprehensive plan

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in a zone for that purpose because the proposed restaurant is unlikely to have an impact greater

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than what one would normally expect from that use staff of the planning commission recommend

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that the special exception be granted thank you uh let the record reflect that the fish town

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neighbors of association are in support councilman squilla has a letter of mana position

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Okay, calendar number MI2021-002574, 2223, Frankfort Avenue, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Okay, good luck.

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Thank you all.

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Calendar number MI-2021-002532-3232, Henry Avenue.

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Jerry, that's still you, right?

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Okay, you still under oath.

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Please identify yourself for the record.

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Yes, Mr. Plaza, this is still me, but I went out and had to come back in.

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Okay, thank you.

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Thank you. Please identify yourself for the record. You still on the road?

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please identify yourself for the record.

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You still on the road?

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Absolutely.

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Absolutely. Once again, Jared Klein, K-L-E-I-N, from Blank Rome, 130 North 18th Street, Philadelphia, 19103.

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Thank you. And you agree to waive the reading of its refusal and stipulate to its accuracy?

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Yes, I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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Yes, I have.

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And have you met with the RCO and have a letter?

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Yes.

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Thank you.

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And just for the record, we have a letter in support from the RAH Civic Association.

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Please proceed, Mr. Stein.

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Thank you, Mr. Plaza.

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I've shared my screen again.

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I hope everybody can see it.

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Sure. Just very briefly, as Jared said, it's primarily a senior housing campus right now, currently 85 units of senior housing, an independent life center and a dialysis center.

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And the additional development is going to include more affordable senior housing and some market rate, which will be affordable to the neighborhood.

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So we think it's going to create a really vibrant campus mixing seniors and people of other ages, other incomes.

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so we're really excited to we think it'll be a great improvement to the quality of life for

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people living there and and the neighborhood so we're excited for this uh next phase of the

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development and it'll remove what's been a long-standing blight in the neighborhood will

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finally allow us to complete this project thank you john uh members of the board i don't have

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anything else but we're happy to answer any questions the board may have okay does the

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board have any questions? No, Mr. Chair. Okay. Is there anyone that would like to speak in this

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matter? I see no hands, Chair. Thank you. Calendar number. I'm sorry. Thank you, Mr. Chair. This is

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Mason Austin representing the Planning Commission. While the lot is zoned for single-family residential

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is designated for residential mixed use in the comprehensive plan, because the proposal would

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likely be by right under the recommended zoning designation, but because it would address

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a critical need for the city and neighborhood, PCPC staff has no objection to the granting

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of the recourse of variance.

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Thank you.

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Okay, calendar number MI 2021-002532-3232 Henry Avenue, my vote is yes.

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Regan Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Thank you all.

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coming back in as a panelist. Good afternoon. Good afternoon, Mr. O'Brien. Can you please

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identify yourself for the record? Yes, William O'Brien, O-B-R-I-E-N,

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Maniunk Law Office, M-A-N-A-Y-U-N-K, 4322 Main Street, Philadelphia, 19127.

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thank you uh harry you're back or you want me to continue you are muted

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i could not get back on no matter how hard i tried so you can continue i'll take the next one

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okay uh mr brian you uh do you swear to affirm to tell the truth the whole truth from nothing

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but the truth yes i do and have you uh emailed an exhibit packet with the required documents

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proof of ownership, proof of tax compliance, copy of the refusal or referral,

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orders and plans five days prior to this hearing?

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Yes, to each of the both.

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Okay.

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And have you emailed an exhibit packet with the – I'm sorry.

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Have you met with the RCO and have a letter?

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Yes, I do.

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Thank you.

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Please proceed.

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Thank you.

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Can you swear me in?

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Or I guess you did swear me in.

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I'm sorry.

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Yes, I did.

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Yep.

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To my right is Raymond Pierce, who, together with his wife, Teresa,

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is the owner of the property, 4477 Fleming Street. If I may share my screen.

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Yes, you may.

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Page two of the packet is the refusal. There are three items.

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The third one, the side yard on parcel C, is an existing nonconforming condition of the 19th century structure between it and the adjacent property.

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