civus
Hearing video

ZBA Hearing - November 4, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 4, 20207h 39m

revised plans, Sean? Yes, I will. Yeah, revised plans. I'm going to just out of the abundance

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of caution, I'm going to send fresh copies to Sharon right now. That's not necessary. I have

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them revised plans two pages okay thank you questions from the board no no anyone else

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like to testify in this case if so raise your hand

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no hand thank you planning commission chairman and members of the board i'm paula burblah burns

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with the city planning commission this property is indicated for residential use on the comprehensive

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The curb cut is going to now be located on the side of the property where it will not impact street parking.

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The curb cut is going to now be located on the side of the property where it will not impact street parking.

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Accordingly, we have no objection.

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Thank you. MI 2020-001193214 West Oxford Street.

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My vote is yes with the proviso revised plan. Two pages adopted today.

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Yes, the proviso.

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Yes, the proviso.

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Okay, good luck.

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Do we want to try to go back to 2204 North 2nd?

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That was Mr. Zellers, I believe.

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You were having technical difficulties.

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If not, we'll keep that on the side and go to number nine.

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And Tanya, continue that one.

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Remember, he didn't send his packet.

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is that um no i thought he was technical difficulty yeah he was having technical

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problems and he's still not available at the moment so all right so we'll move on we'll go to

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number nine confessor okay number nine mi 2020-001-197-3961 north fairhill street

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this is sharon saletta we have a letter of non-opposition from councilwoman sanchez

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that is based on the rco letter in support thank you anyone here on 3961 north fairhill

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i should tell you that the gentleman who presented who submitted the plans and who

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spoke earlier in this hearing is alberto perez yes he's available um mr perez if you can unmute

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yourself i believe he might want a continuance but okay he's available i'm sorry hi um good

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morning again mr perez good morning are you are you requesting a continuance i'm sorry uh if the

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The councilwoman's office will approve and will allow us to make the change.

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We will still submit the paper that they are expecting from us.

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We haven't received it from the city.

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All right.

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We're waiting for, was it the rental license or something?

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Correct.

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Excuse me.

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This is Sharon Saleta.

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I'm not sure how he could provide a rental license until he has his own permit.

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But also, Mr. Paris, are you the property owner?

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No, the owner was not able to get here today.

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I worked on the drawings and I have been doing all the paperwork.

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Okay, thank you.

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We're going to have to continue this then, right?

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Okay.

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The owner needs to testify or an attorney representing the owner.

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Okay. Okay. All right. Yes. Thank you. MI 2020-001197-3961 North Fairhill is continued.

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MI 20, number 11. MI 2020-001194-3211-19, Chatham Street.

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The attorney is Leo Mulvihill.

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Good morning, Mr. Mulvihill.

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Good morning.

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You're still under oath from earlier this morning.

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Please identify yourself for the record.

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Good morning, members of the board.

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Leo Mulvihill, M-U-L, V as in Victor, I-H-I-L-L.

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2424 East York Street, Suite 111, Philadelphia 19125, here today on behalf of the applicant,

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Arsons Construction, LLC.

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I agree to waive the refusal and I stipulate to its accuracy.

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Great.

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

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of tax compliance, copy of the refusal, or refer voters and plans five days prior to

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this hearing?

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I have emailed the materials, they were submitted slightly late in that we were waiting for

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the letter of support from PROPAC, but they have all been emailed to the required email addresses,

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I believe on Monday. Are we okay to go? Yes. Thank you. Thank you. Please proceed.

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Yes. Thank you. Thank you. Please proceed and I understand there's is there the letter from the

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RCO is that a letter in non-opposition? Correct. All right there okay so if you could summarize

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as best you can obviously put on the record whatever you've deemed is the most important

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thing. Yes incorporating my entire packet for the record members of the board. Today what we're

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seeking to do is take a large parcel indicated on page nine of my packet. It is both this blue

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area indicating with my cursor and the larger yellow parcel directly next to it. Taking these

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parcels, which are currently occupied by one-story garages that do not allow for all-street parking,

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I'm going to be showing you a photo in one moment. For purpose of the record, page 21 shows a photo

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of the property as it exists today. What my client seeks to do is take this parcel, which is

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approximately 7,660 feet, subdivide it into six parcels, each about 17 feet wide. Each will then

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be about 1,276 square feet large. Of course, the refusal that we've received as a result is that

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these lots are undersized. They are not 1,440 square feet. However, members of the board,

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looking now to page 33 of my packet, we can see the proposed subdivision plan, the adjacent

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parcels, and these parcels are actually larger than the surrounding existing single-family homes

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directly adjacent. Moving back a little bit, members of the board, just to page 27, you can

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see here that this is a residential block for the most part. We're just above Allegheny Avenue,

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which is a commercial block. To the right, the green garages are the subject parcel. To the left

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of this photograph is a two or three-story commercial building. I am currently unsure

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of its use. However, we're seeking to build single-family homes. For purposes of the record,

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now moving to page 36. Here's the elevation that's been prepared by our architects, Harman Deutsch

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Oler, three-story brick homes not to exceed 38 feet, roof decks, brick facades. The rear yards

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members of the board, if we looked at the site plans once again, are rather large.

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And that's simply because, moving back to page 33 for purposes of the record and zooming in,

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we wanted to essentially keep our building massing relatively similar to what was already

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on the property or already on the adjacent structures rather than going significantly larger.

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Someone has a phone on would you please mute it? Yes that's somebody trying to call me chairman,

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my apologies. Okay no problem. Okay so as you can see we have large open areas we only take up about

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50 percent of the yacht of the lots themselves of the buildings. If we went any larger these would

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be huge mansions on a relatively small block, which just doesn't make any sense. So the houses

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themselves are going to be priced around $399, but they're around 2,500 square feet, so not

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anything too large, but relatively decently sized. With our meeting with ProPAC, which we held last

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week, we sent out our well-timed notifications, and I have proof of mailings in my packet.

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It was attended by one person, Ken Paul, who is the chair, and he did not voice any opposition to this project.

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My client, Arson, may be on the line.

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Arson, if you are, please raise your hand and then introduce yourself by spelling your first and last name and giving your mailing address for purposes of the court reporter.

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Arson, you can unmute yourself and wait to be sworn in.

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Okay.

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Can you hear me?

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Yes.

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Arson, will you please state your name, spell your last name,

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and give your mailing address for the record?

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Yes.

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My name is Arson Ustayev.

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That's A-R-S-E-N, last name, U-S-T-A-Y-E-V, as in Victor.

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Mailing address, 1265 Grenoble Road, Ivyland, PA, 18974.

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You're swearing to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you. Please proceed, Mr. Mark.

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Arson, now you've heard my testimony today?

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Yes.

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And you're the principal of Arson's Construction LLC, the owner for this project?

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Yes.

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Has my testimony been true and accurate to the best of your knowledge?

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Yes.

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Do you adopt my testimony as your own?

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Yes.

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Thank you, Arson. I don't have any other questions for you.

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Members of the board, in closing, we're proposing six modest single-family homes

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in a single-family district are subdivided lots while under the 1,440 square foot minimum

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lot size requirement for RSA 5 districts are larger than the surrounding lots.

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are larger than the surrounding lots. So our hardship is simply we're trying to match the

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So our hardship is simply we're trying to

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community in size and shape on dimensions of these lots. We can't make more land when there isn't,

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and the other option would be to make extremely wide homes that do not fit the character of the

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block. So we request that because this proposal will not cause any problems to the city or to

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neighbors, and because there is a hardship in developing this lot by right, that you respectfully

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grant a request for a variance in this instance thank you questions from the board no

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no anyone else would like to testify in this case if so please raise your hand

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no no hands thank you planning commission members of the board

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yes i've just received a notification from my architect that there was a proviso and a

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revision to the plans that i have submitted to you so what i will do is respectfully ask to

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be taken off the record and ensure that i get those materials over to you if i hadn't already

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i'll have to double check my email i will go forward to vote how many pages

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I believe it's just the one page that was submitted um chair we can't vote them until

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I've had a chance to review them and ensure that it doesn't um generate any additional refusals

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yeah so I'll verify that and I'll go off the record at this point members of the

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board my apologies for that oversight no problem so Sharon we can uh move this to uh close the

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record or no um Mr Mulvihill will you be able to have them to meet by the end of this session

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I should.

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I'm just going to double check it in my email box

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to make sure that I did it.

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All right, so we'll put this aside.

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Perhaps announce that it will be voted

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at the two o'clock session.

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Okay.

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Well, just let me double check.

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Well, we have to wait for the revised plan

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and get the Planning Commission to weigh in, right?

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The Planning Commission's ready.

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Okay.

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Planning Commission.

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Chairman and members of the board, this is Paula Brumbelow-Burns with the City Planning Commission.

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This property is indicated for residential use on the comprehensive plan. The proposed

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lots are in character with the remainder of the residential properties on the block.

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Accordingly, we have no objection to the granting of the variance.

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Thank you. So, I just lost my spot. How about, Mr. Mulvihill, if you're able to get it to us by

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the end of the session, the board can vote it in this session. If not, let me know and they can

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announce when they were going to vote it certainly it's just a matter of double checking my email to

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make sure i did send you the correct ones thank you okay thank you all right so we'll set aside

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3211-19 chatham street waiting for a revised plan set that aside uh number 12 12 mi 2020-001232

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4550 Wayne Avenue chair I'm promoting attorney Darlene three good afternoon miss three please

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identify yourself with the record and I'll swear you in

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good afternoon commissioners darlene three for the applicant wayne commons llc 2101 pine street

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philadelphia pa 19103 uh chair we're going to swear her and when you get a moment

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you're trying to tell the truth the whole truth for nothing but the truth

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yes i do and do 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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Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copied the refusal or referral, photos and plans five days prior to this hearing?

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Yes, I have.

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Thank you.

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Have you met with the RCO and have a letter?

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Yes, actually, there are two letters from two different RCOs.

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Thank you.

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Please proceed.

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May, can you see my screen?

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Yes.

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Yes, we can.

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Commissioners, we applied to the ZVA to convert this property into a three-family dwelling.

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I submitted a presentation package which contains the required documents, the refusal, the appeal,

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the property information form, the deed.

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I really was not able to print a tax clearance form off of the web.

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I really was not able to print a tax clearance form off of the website, but I did print a form

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off of the Department of Revenue's website, which shows that the taxes for these property,

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trying to find it here.

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Give me a second here.

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We have a zero balance as of October 28th, 22, on the Department of Revenue website.

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Commissioners, I'm just going to skip to our plans right here.

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Here is the elevation of the building.

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We don't plan to do any modifications, expansions.

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The footprint of the building will remain the same to this building.

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We just plan to clean up the outside of the building.

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Pardon the interruption, Ms. Three, but all we have is your RCO summary form still up.

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So if you wish, you can unshare that particular document and then share the ones that you might be looking at.

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so i'm going to take this one down so that's unshared and now if you can proceed with what

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you're looking at hit the share button and then click on the documents you wish to show

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does that work miss sunket not yet hit the share screen button first

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