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Hearing video

ZBA Hearing - February 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 16, 20223h 51m

We are recording.

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Hi, you let me know when people are in.

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yes chair you can begin as you wish they'll continue to file in

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okay good morning everyone my name is bill bergman i will be chairing this morning's eba hearings

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with me is carol tenary our vice chair present ismail shaheed our board secretary

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here thomas hollman our board member present mr chairman and james snell our board member

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present mr chairman also with us is the executive director of the zoning board

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tanya sunkett and our board attorney sherman toppen good morning mr president before we

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begin here is our virtual format be advised these proceedings are being recorded

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By participating, you acknowledge your agreement to be recorded.

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The video will be available by contacting the Executive Director at TanyaSunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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to enter an appearance call 267-270-5548 leave your email and address and the property of the

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property in question I see fourth please note the question answer box is not for comments or

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testifying any comments should be referred to our executive director Tanya something

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And let's look at our continuances.

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Number two, MI 2021-003844-1217 South 50th Street.

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The case is continued.

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Is there anyone in the virtual audience who has a comment relative to that?

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i see no hands mr chair thank you are there any other continuances requested

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to chair i have mr john turner with his john taylor with his hand raised i have allowed him to speak

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uh this is john taylor for the council i'm actually council for 1217 south 50th street

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that's my case it's been continued um that's right that's what we announced

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i i hear that thank you very much all right sure okay any other continuances

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let me have mr michael donato with his hand raised i will allow him to speak at this time

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Hello. I'm sorry. This is Nina Curlett speaking.

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Can you hear me?

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We can. Could you state your name for the court reporter, please?

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I can. My name is Nina Curlett, C-U-R-L-E-T-T.

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Do you swear for them to tell the truth, the whole truth, and nothing but the truth?

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I do.

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What case do you want to talk about, ma'am?

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I am referencing 244 East Springer Street.

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Number nine.

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Okay, proceed.

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I'm not sure why I'm coming up as Michael Donato.

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He's my partner logged in on a different device.

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I'm speaking on behalf of East Mount area neighbors.

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We had sent a letter asking for a continuance based on the RCO not able to have the RCO voting meeting.

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Hold up.

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What I want to do is get the attorney involved in that case.

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Sure thing.

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Mr. Anastasio

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Mr. Harry Cook

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Mr. Harry Cook has his hand raised

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I will allow him to speak at this time, sir

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Sure. Mr. Cook, please unmute yourself. Good morning, sir. Please state your name and spell

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Mr. Cook, please unmute yourself

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Good

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Good.

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for the court reporter, please. Sure. Harry Cook, H-A-R-R-Y-C-O-O-K, Anastasio Law. I am filling

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in for Vern Anastasio today. Right. Do you swear for him to tell the truth, the whole truth,

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and nothing but the truth? I do, sir. Requesting a continuance for your case

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the Springer Street uh case for 244 East Springer what we were hoping to accomplish today

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we've met with uh the um RCO two times uh we've uh revised drawings and uh what we would like to

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do and I believe Vern may have uh spoken to Attorney Saleta right right is to do a um not

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hear and hold but something equivalent to it where we present and then we have a resumption whereby

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the rco will be able to uh read their letter into the record right well that's what we're

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going to do the case will go on today thank you sir okay any other continuances uh may i just

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proceed

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okay mr chair i have sorry i'm sorry i i knocked her out jason can you bring her back did you want

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her to continue to speak here i i think we're going to go on with the case and i think she

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can say what she wants when we go on with the case okay thank you chair okay any other continuance

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mr chair mr yes nickelhenny with his hand raised i will allow him to speak at this time

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Sure. Mr. McElhenney. Good morning, Mr. Chairman, members of the board. I'm here.

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Mr. McElhenney, state your name and spell for the court reporter.

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Yes, my apologies. Michael, M-I-C-H-A-E-L, McElhenney, M-C-I-L-H-I-N-N-E-Y.

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

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I do. Proceed. What case, sir?

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I am here in reference to 1814 and 1816 Van Pelt, North Van Pelt, and that's MI 2021, 1982 and 1983.

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I see that, but I'm going to get to them. They're withdrawals, right?

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Oh, my apologies. Yes, I wasn't sure.

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I'm going to list the withdrawals as soon as I get through the continuances.

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Thank you.

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Any other continuances?

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Sir, I have Miss Diane Monroe with her hand raised. I won't allow her to speak at this time.

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Good morning.

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Hi.

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Ms. Monroe, please state your name and spell for the court reporter.

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Sure.

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Diane, D-I-A-N-E, Monroe, M-O-N-R-O-E.

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You were firm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I did.

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i'm the chair of the 14th wood rco and the property that i'm interested in is 616

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north 11th street i we have not met with the young lady as far as an open community meeting

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so i don't know if she petitioned to have a continuous i didn't hear we we we will call

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that case when we get to it we we don't have any paperwork on that yet so i'm not going to

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continue until I call it when it's in its order okay okay thank you hear that case call all right

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thank you sure any other continuances I have Mr. David Sturman with his hand raised I've allowed

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him to speak sure yeah I'm sorry it's not about a continuance I just didn't know if you received

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my email and I'd have a chance to speak

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today regarding

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hold up sir do me a favor

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state your name

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and we can spell for the court reporter

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sir

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I think Tanya

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shot it down

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David Sternman

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D-A-V-I-D

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S-T-E-R-N-M-A-N

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David Sternman

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Do you swear for him to tell the truth, the whole truth, and nothing with the truth?

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Do you have a continuance you want to do today, sir?

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I'm sorry. No, this is a... No, sorry.

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Okay, so if you have a case, you'll hear a call. We're going to go through the whole list.

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Any other continuances?

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Sir, I have Mr. Charles Richardson with his hand raised. I have allowed him to speak.

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Mr. Richardson?

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Good morning, Mr. Chair.

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Good morning, Mr. Richardson.

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Charles Richardson from the Office of Councilwoman Cindy Bass from 312 City Hall.

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Charles Richardson from the Office of Councilwoman Cindy Bass from 312 City Hall.

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Mr. Richardson, do me a favor. Could you spell your name for the court reporter, just to be sure?

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Sure. R-I-C-H-A-R-D-S-O-N.

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All right. 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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Proceed.

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Returning to Springer Street for a moment, the applicant met with the RCO committee, their zoning committee.

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They did not meet with the community as yet, and that is what the issue is with regard to them requesting the continuance is the fact that they have not met with the community for the community to vote yes or no,

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whether they would support or object to the granting of the variance.

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So that is, and the councilwoman is supporting the community

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on their request for a continuance.

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Thank you, sir.

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We're going to see what we do when we get to that case.

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Okay.

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Thank you.

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Any other continuances?

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Sir, I have a caller whose number ends in 0148 with their hand raised.

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I can allow them to speak at this time, sir.

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Sure.

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Unmute yourself, please.

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Sir, madam, if you are available, please unmute yourself.

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I'm not sure they're on, sir.

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Okay, so we're going to go on here.

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Okay.

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Here's a list of our withdrawals for the day. MI 2021-001-982-1816 North Van Pelt. MI 2021-001-983-1814

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North Van Pelt, MI 2021-003846, 2033 East Wishart Street, and MI 2021-001984-6822

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Old York Road. All those cases are withdrawn. Does anyone have any comments relative to that?

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Tino Hans, Mr. Chair.

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Case 1.

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MI 2021-003852-1007 South 10th Street.

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RCO, Bellavista Neighbors, Letter of Non-Opposition.

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Councilman Squilla, Letter of Non-Opposition.

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Vern Anastasio.

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I promoted Mr. Harry Cook to Panama, sir.

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Sure.

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good morning mr chairman members of the board harry cook on behalf of applicant

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and uh mr cook you've already been sworn but our vice chair has a few a vice chair has a few

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questions for you yes mr cook do you agree to waive the reading of the refusal and stipulate

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to its accuracy i do and it appears that we have the required documents submitted by you is that

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correct? That is correct. You may proceed. Thank you. Good morning everyone here on behalf of the

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property of 1007 South 10th Street. The refusal is proposed to family household living which is

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expressly prohibited in the RSA 5 residential zoning district. This property is on 10th Street

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between Carpenter and Kimball Street. It's a large property. It has a zoning history where the first

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floor was a separate unit that was used for commercial use. A prior owner converted it

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without any permitting many, many years ago

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prior to our client's tenure in the property.

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The units are 1,300 and 1,400 square feet,

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respectively, very large.

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I'm going to come over to our packet.

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As you can see on the plans, they are spacious.

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The first floor unit has both a covered rear area

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and an open rear area. The second floor unit has a rear deck and has outdoor space.

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There is plenty of room in the rear to store trash. We met with

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Bella Vista United regarding this property. They are again in non-opposition. The vote

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United regarding this property. They are again in non-opposition. The vote was unanimous in favor

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by committee members, by near neighbors to approve this use so long that proper trash storage was

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maintained in the rear. Safety lighting was enhanced in the front of the property. And in

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addition, my client has made, intends to do renovations that will enhance the aesthetics

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of the facade. So in our packet, we have the plans that show the existing layout. No work is

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proposed for the interior. It is what it is. The second unit is a large four bedroom, two bath.

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The first floor unit is a one-bedroom, one-bath, extends into the basement.

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We have some exterior photographs of the property. It is well-maintained.

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I'm not going to bore you with a description of everything, so if you have questions along the way, just stop me and I will respond.

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In this packet, we also have proof of mailing, our notice letter to the RCO, tax certificate,

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Proof of ownership, all of the required documents.

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I'm going to move over to the Bellavis and Neighbors Association letter.

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Again, as you can see, here are the requests of the RCO.

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Applicant will provide durable weather-resistant outdoor trash storage and enclosure in the rear, as well as add exterior lighting at the entry doors on the South 10th Street for safety.

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um so with that i'd like to call my um my client to

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testify adopt my testimony mr william de la pena could you raise your hand please

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to de la pena has been about to speak would you state your name and spell for the court reporter

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please uh yes this is william de la pena w-i-l-l-i-a-m-d-e-l-a-p-e-n-a right do you

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swear affirm to tell the truth the whole truth and nothing but the truth yes proceed counsel

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thank you mr de la pena did you hear my presentation today to the board

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mr de la pena yes did you hear my presentation today to the board yes i did was it was it

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accurate yes do you adopt my testimony as your own yes i do questions from the board

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions from the virtual audience?

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I see no answer, Mr. Chair.

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Planning Commission?

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Good morning, Chair Bergman.

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Thank you.

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Ian Hegarty for the Philadelphia City Planning Commission.

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That's spelled H-E-G-A-R-T-Y.

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

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