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Hearing video

ZBA Hearing - July 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 15, 20205h 54m

Now it's full two stories.

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We're now reducing it to a fraction of that.

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So if it wasn't required before, why should it now be required now when we're actually reducing the GFA for that industrial use?

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um in terms of um you know the backup on washington i'm sorry what i'm out of time

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okay all right um again appreciate what you're doing quickly um mr fye bush speaking to the

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planning commission and what their views are let them speak for themselves irreparable harm to

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near neighbors by mr fye bush that's his personal opinion it's not substantiated by any evidence

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or testimony in the record. It's just his personal opinion, which he's welcome to.

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He's not a traffic expert. I didn't get a chance to cross or recross Mr. Hernandez. I would have

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liked to have heard about all the refusals that existed for 2201 that were granted by variances

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by the zoning board and those that exist for 2101. I think that information is available to

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the zoning board and issuing a decision. With the FAR that we have here, I mean, an industrial

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building would require more parking at a thousand square feet. If we did require parking for the

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industrial that we have, as Mr. Whalen might say, if we use this building for the existing two

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stories or any addition, from what he says, we're going to need even more parking than we have right

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now for the residential, for a buy rate industrial building. We would have at a thousand square feet,

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we're over 60,000 square feet of GFA here you're talking a thousand square feet one space per

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thousand you're talking about 60 parking spaces so again I think the parking is a red herring

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and I think everybody in terms of the building which is not before the board in terms of a

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refusal we're less intensive than a by right building and it's much sorry chair if I could

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interject we're at the 1 30 mark yeah i know i got it um i don't yeah the parking uh i think the

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the real issue as it relates to parking is the uh egress out along to kimball street i think that

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is probably one of the bigger issues at least in my mind one quick question david if you can do it

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One quick question, David, if you can do it in 30 seconds or less, has your client ever had a, have you had a conversation with your client? Have they ever considered maybe eliminating the stone, marble, granite business that would not require that much space and maybe something in a more lighter commercial use so that you wouldn't need to have, you would still need the curb cut on Washington Avenue,

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in 30 seconds or less has your client ever had a have you had a conversation with your client

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Have they ever considered maybe eliminating the stone, marble, granite business that would not require that much space and maybe something in a more lighter commercial use so that you wouldn't need to have, you would still need the curb cut on Washington Avenue, but it wouldn't be for any industrial purposes.

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but it wouldn't be for any industrial purposes.

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It would strictly be for the residents of that building.

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We haven't explored that.

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I mean, I can ask Chelsea to speak to that, but I will say this.

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I mean, Mr. Whalen made statements about backups at the property,

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you know, with deliveries and trucks pulling in and out and residentials.

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There's been no testimony to that.

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testimony to that there's been no if there if there were for me at least my opinion if there

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There's been no evidence.

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If there were, for me at least,

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was a way right of eliminating the use of Kimball Street for vehicles to exit the garage I think

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that would take a lot of the opposition I could be wrong a lot of the opposition from Kimball

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Street notwithstanding the height and the shadows that was mentioned by one of the witnesses earlier

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which isn't doesn't reflect the information we provided the shadowing is less than what we're

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understood understood but it would eliminate vehicular traffic exiting out onto kimball

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street so there's there's two things here so first of all we don't have the required 24 feet

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if there are columns that extend in the back we don't have the required 24 feet um between our

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to provide we don't we can't provide the circulation and the turning of the car well

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no because two-way traffic when you have 10 or more units or more than 10 requires a 24 foot

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wide drive aisle. We have physical columns that you can see here, these squares that reduce that

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from 18 to the 15. So let's just say we get a variance for not having the required and we're

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somehow able to make it work because it does make it tight to have two-way traffic in and out of

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from Washington Avenue. That's something that we are open to, but then we walk into Mr. Phi Bush

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Mr. Whelan's objections. I mean, I could, if you make that condition, I mean, I would need a couple

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minutes to, you know, a couple minutes. Unfortunately, I now know from now on, like Mr. Clinton was wise

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enough to do. I would like my clients in the room with me, even if we're social, properly social

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distancing, so that I could have these types of communications with them. I mean, it's something

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that i could explore with them whether or not they would i mean are you looking for them not

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to have any type of a commercial or industrial use there or just not use the curb cut no i said

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a commercial use that would not require the loading and unloading of of trucks to put the

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material on right um but more so it's about the um vehicular traffic exiting out onto kimball

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street and again i mean that would i understand that so it would require an amended application

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and an amended refusal i get it i hear you do i think we're still walking into an appeal by mr

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whalen and mr feybush but if that's what the board wants to see they can you know they could

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and the application and then we it would be what it is it was just a thought i think that might be

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drastic enough that you would have to start all over right okay uh so why don't we do this uh

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any questions from the board planning commission yes um ron bednar uh this property is indicated

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for medium industrial use on the city plan we believe the applicant has not sufficiently

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demonstrated necessary hardship regarding the requirements of the code we remain concerned

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over the function of the parking lot and also the overall design therefore we

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recommend the request for variance does not be granted thank you I really

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thought that we can have further conversation on this but why don't we do

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this if the board agrees the record will be closed and I'd like to have further

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discussion on this in an executive session and will be voted on next

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Wednesday the 21st at 10 o'clock and Sharon correct Sharon correct me if I'm

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wrong could we still be taking any another wreck by saying the record is

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closed their way of providing if they provide us with some additional

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information that they address they will have to come back you'll have to if the

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record is closed it's closed I'm sorry about the dog they haven't barked

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you want to leave the record open to address see about addressing why don't why don't we do it that

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way does that work for the board we leave the record leave the record open right smarter minds

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than mine you two guys and you're and or you can maybe figure something out that works uh makes

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it not as a as an intrusive to the kimball street residents but you will have to come back for a

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second hearing. And Tanya will give us a date on that? Yes, and if I could mention that next week

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would be 9 30, just a correction. 9 30, okay. All right, so did I leave something out, Sharon?

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Just say the record is still open? Yes, the record is open. If parties would like, you can have

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another hearing if there are any changes. All right. Thank you all. Thank you.

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all right thank you all thank you mr chairman is that another complete

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hearing no just to supplement this hearing with anything that has changed

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any substantive changes or whatever that may be agreeable to all sides all right

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okay thank you thank you all members of the board thank you members of the board

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thank you mr whalen and everybody have a really good day stay safe and the board

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we'll be back on in 20 minutes 20 minutes sorry stay away from the trees david i'll try my best

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oh my god tanya no a few more minutes okay

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sorry about this you have a few more minutes i want to give you a full half hour

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Oh, okay.

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Tom, while we're waiting,

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Can you just say a few words?

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Because you generally break up.

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Unmute.

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You're going to unmute.

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All right.

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Now I'm okay, but sometimes I don't have a stable connection.

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It goes out and then comes back in.

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That's what's happening.

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You break up.

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You say a word or two, and then it breaks up.

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Maybe it's my connection.

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Thank you.

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yeah my i get a message on my computer that says my high cpu usage is affecting my system

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what is that cpu i'm not sure buddy you getting that from zoom yeah

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maybe because you're on the river

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if you turn off your video it'll use less bandwidth and we might be able to hear you

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better turn my video off yeah let's see if that works better there'll be less bandwidth for your

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computer to use. Can you hear me now? Not the same. What do people think? Yeah it's

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the same. Okay let's try it for a little bit. I think it's better. I think it's

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better too. Think it's a little better now? Okay I leave the video off then. And if

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you can just turn it on when you vote Tom that would be great okay yeah it's

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much better

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yes I'm gonna have to leave this I'll open it up I'm at my house at the shore

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I have an umbrella that's on the roof stuck in the solar panels and I have to

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leave too I'm going under the umbrella so I gotta get up there before rips up

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all the panels off I'm gonna get up there but I gotta try so are you opening

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up the two o'clock session I'll open it up yeah when we're ready okay so then

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and I'll handle the 3.30

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and sort of read the same thing you were reading.

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I won't say I'm Frank.

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Do you have all that?

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If you have the screen, then you can just open it up,

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if you have it.

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Yeah, I'll say good afternoon.

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My name is Frank DiCicco.

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Is that okay?

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Yeah, yeah, yeah.

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Okay, you got it.

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You got it.

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I'll be back on as soon as I can get down from the roof.

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I'll be back on as soon as I can get down from the roof.

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Talk to you.

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Talk to you.

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Okay.

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Be careful.

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Jeff, be careful.

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oh boy so we don't have a quorum am i missing someone oh no we do we

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time's there we'll start in about five minutes okay cool

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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okay good afternoon my name is carol tenere and i'm the vice chair of the zoning board of adjustment

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with me i have board members a board member thomas holliman and our board secretary confessor plaza

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I would also like to recognize Tanya Sunkit, our board administrator, and our zoning lawyer,

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and our zoning lawyer, Sharon Saleta. Today is our second day of holding virtual hearings.

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Sharon Saleta.

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Today is our second day of holding virtual.

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While we may have to make adjustments along the way, our plan is to call each case and

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basically proceed as we would have in a live hearing. We ask that the attorneys for applicants

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or other interested parties identify themselves for the record when the case you'll be participating

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in is called. We will then hear the appellant's presentation followed by any presentation by

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attorneys representing other parties interested parties and members of the public not represented

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by council will then be given an opportunity to testify we will finally hear the recommendation

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of the planning commission at the hearing's conclusion the board will either vote the matter

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immediately or hold it for discussion in executive session any case held for discussion will be voted

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on the record at the scheduled July 21st morning session. There are a couple of changes related to

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the virtual format. First, we will administer oaths to individual participants prior to their

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testimony rather than to the room as a whole since there is no room. Second, for the benefit of anyone

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participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking

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or testifying. Tanya, is that the 267? Yes. And the number to call in is 267-270-5548.

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Third, we'd like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded. With that said, we can begin.

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But before calling our first case, we would like to announce that there are several cases continued.

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Calendar number 39667414 South 20th Street.

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Calendar number 3982734-36Culture Street.

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calendar number 39666 2848 belgrade street calendar number 39646 1215 south 23rd street

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calendar number 3939272 1438 south 2nd street and lastly calendar number 39268

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3021 Amber Street. Is everyone ready to proceed? Vice Chair, if I could just add two things?

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Yes, sure. If everyone who is in attendance wishes to testify for a case, when the case is called,

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please identify that you wish to testify by raising your hand. That way we'll be able to

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allow you to speak and unmute you also those who are appearing for this hearing by telephone

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if you wish to participate and testify you must hit star nine and that will signal that you raised

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your hand and we will allow you to speak for the case that's being heard thank you vice chair thank

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Thank you. Calendar number 39647, 409 West Euston Street. The attorney is Alan Nockamson.

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Mr. Nockamson, I have promoted you to a panelist. You can speak and put your video on if you wish.

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okay do you agree to waive the reading of the refusal and stipulate to its accuracy

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uh yes i do name and address for the record uh good afternoon uh madam chair members of the

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board my name is alan knockamson of knockamson pc 123 south broad street suite 1600 philadelphia pa

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19109 okay lastly i have to swear you in do you swear i also have other witnesses or so i figured

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maybe would swear all of them in together tanya do we do that swear everyone in or if they wish

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i would have to have them brought up okay i have keith aliots the owner's representative

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and i have kyun kang the architect for the project

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okay they have been unmuted and they're available to speak if they unmute themselves

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okay do you swear or affirm to tell the truth nothing but the truth i do thank you uh thank

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Thank you very much. So I handed you a packet or you have a packet of exhibits

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you very much uh so i handed you a packet where you

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or a packet of eight exhibits. The first exhibits the deed to the property showing that 409 West

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Houston Street is the owner of the property. The second exhibits the certificate of tax

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clearance showing that 409 West Houston Street LLC is tax compliant with the city. The third

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exhibit is the notice of refusal for this zoning matter. This is an RSA5 property and we're seeking

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to put a two-family dwelling here, a two-unit condominium, and we're being refused for that

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purpose. Behind the notice of refusal, you'll see a list of matters where variances have been

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granted next to Houston Street. And as you will see from the grid that I created, you'll see an

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address, you'll see a variance date, you'll see the zoning classification, you'll see a lot size,

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