civus
Hearing video

ZBA Hearing - April 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 13, 20223h 18m

Let me know when we're in, Tanya.

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Okay, Chair, I'll let you know.

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Okay, Chair, we have about 13 starting off.

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You can begin as you wish.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning's meetings of the Zoning Board

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of Adjustment.

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With me is Thomas Holliman, our board member.

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Present, Mr. Chairman.

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James Snell, our board member.

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Present, Mr. Chairman.

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Also, our Executive Director, Tanya Sunkit is here, as well as our Attorney, Sherman Toppin.

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Good morning, Mr. Chairman.

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Before we begin, here is our virtual format.

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Bevised, the proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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a video will be available by contacting tonyasunkett at phillip.gov. For the benefit of

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our court stenographer, we ask attorneys and witnesses to identify themselves before it

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testifies. If you are participating by phone, if you wish to testify, press star nine to raise your

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hand and star six to unmute. To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question. And lastly, the question answer box

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on the screen is not for testimony or comments. Any comments should be directed towards our

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Executive Director Tanya Sunkett. Now, continuances for today. I have listed

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number four. Is Mr. Mulvihill here?

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Mr. Mulvihill, if you're in the audience, can you please raise your hand?

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I see no hands at this time, Chair. Okay, then I'll wait to call that in the list.

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Number seven is a withdrawal. MI, let me pull up here. MI 2021-002-652-4225 Viola Street is withdrawn.

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Are there any requests, other requests for continuances or withdrawal for the 930 meeting?

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Chair, we have Vern Anastasio with his hand up.

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Mr. Anastasio, you can unmute yourself and wait for the chair.

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Good morning, Mr. Chairman.

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Good morning.

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Could you state your name and spell for the court reporter, please?

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Yes, sir. Avern Anastasio, A-N-A-S-T-A-S-I-O. That's 1315 Walnut Street, Philadelphia, 19107.

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

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I do.

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What case, sir?

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2601 West Huntington, please.

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Okay, it's 2601.

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We had a second RCO meeting on Monday. They've requested some engineer plans.

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Good morning, Mr. Chair, members of the board.

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Hillary Emerson, on behalf of Councilwoman Sherelle Parker, H-I-L-A-R-Y-E-M-E-R-S-O-N.

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

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I do.

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What case?

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I'm not sure what number it is on the list, but 169 West Spencer Street.

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It's number one on the list.

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Number one.

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Okay, the applicant.

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I mean, if we could see if someone's here, that would be great.

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The applicant has not been in touch with the RCO nor our office to have the meeting scheduled.

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Okay.

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Tameka Pearson?

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Tameka Pearson?

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Chair, I see no one by that name with their hand up at this time.

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I believe we also do not have documents for any documents yet for that case.

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This is a first listening, so we would just request to continue.

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The case is continued.

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Thank you.

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Any other continuances?

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Chair, we have someone with the phone number ending in 3552.

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Caller, could you please unmute yourself and wait for the chair?

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Hello?

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Hi, could you state your name and spell for our court reporter, please?

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Yes, my name is Adrienne Fernandez, A-D-R-I-E-N-N-E-F-E-R-N-A-N-D-E-Z, Swamp Little Neighborhood Parkers Association.

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Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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What case?

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2601 West Huntington Street.

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That case has been continued at the request of the attorney.

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Okay, I am requesting that this case be dismissed and not continued, because the attorney stated that the property is being renovated, the property is not being renovated, and there's four illegal conditions at the property that are...

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Okay, so ma'am, ma'am, ma'am, here's what I'm going to do. We're going to continue that, and we'll bring all those issues up at the continuance.

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Okay, there was already continuance granted?

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Yes.

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But this would be like the second continuance or third?

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uh well there's been two meetings with the rco from what we understand

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um there's no meeting summary forms to evidence okay so ma'am and also no notice was that ma'am

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ma'am that case is continued and we'll you'll you'll you'll know when the next hearing is

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thank you

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any other continuances

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here i see no other hands at this time

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Okay. I'm going to go to our add-on list. MI 2021-004832-3135-49 Montgomery Avenue.

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I vote yes for reconsideration and rehearing. Yes to Thomas Holloman. Yes to reconsideration

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and rehearing. James Snell, yes to reconsideration and rehearing. Number two, MI 2021 003231

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I vote no. Thomas Howellman, my vote is no. James Snell, my vote is no.

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number three mi2022002355201 levick street i vote no thomas holliman my vote is no

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james snell my vote is no number four mi20210048994820 chester avenue i vote yes proviso

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revised plans one page. Thomas Holliman my vote is yes with proviso. James Snell my vote is yes

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with proviso. Number five 10 08 Addison Street MI 2021 003906 I vote yes for reconsideration

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and rehearing. Thomas Holloman, my vote is yes for reconsideration and rehearing. James Snell,

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my vote is yes to reconsideration and rehearing. MI 2021-004827, 2932 North 27th Street, I vote yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Going to the regular list, number two, MI 2021-005-021-1700.

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0-0-5-0-2-1-17-168th Avenue.

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Attorney Michael Ingenito.

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Chair, we have Mr. Anastasio with his hand up.

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He's coming back in as a panelist now.

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Good morning, Mr. Chair.

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Vern Anastasio representing the applicant in this case. Okay, you've already been sworn. Yes, sir.

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Could you identify your client and the relationship to the property?

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Sure. My client is Mr. Hauser, H-A-U-S-E-R, and he is the owner and occupant of 1768th Avenue.

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Okay, our Thomas Holloman, our board member, has a few questions for you.

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thank you good morning counselor do you agree to do you agree to waive the reading of the

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refusal and stipulate to its accuracy i do sir did you email all of the exhibits such as proof

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of ownership tax clearance copy of refusal picture or drawings of the property five days in advance

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of this hearing and did you meet with the rco and do you have a letter yes to all of that

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Could you state your name and spell it for the court reporter, please?

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Yes, it's Jonathan Hauser.

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J-O-N-A-T-H-A-N Hauser.

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H-A-U-S-E-R.

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You swear for him 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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Thank you, Mr. Bergman.

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Mr. Hauser, did you hear my presentation to the board this morning?

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I did.

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And do you adopt it as your own testimony?

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Yes.

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And that's assuming that it is true and accurate. Is that correct?

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Yes.

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Very good. Let's speak about the first level just briefly. It is currently, and when you purchased it, you came to it as two separate and distinct units. Is that right?

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That's correct.

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And based on your investigation, in order to unite these two units, you would have to deal with a very large sort of load-bearing wall that separates the two units. Is that correct?

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That's correct.

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And that would entail some major structural work that is beyond your capacity at this point. Is that correct?

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That's also correct.

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You're not from Philadelphia, right? This is your first time living here and purchasing a property here?

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That's correct. I moved to Philadelphia about three years ago, and this is my first house ever.

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Very good. Well, congratulations. And you do occupy the top floor, is that right?

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The bottom floor.

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The bottom floor. Okay. One of the bottom floors?

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Correct.

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Okay, very good. I have nothing further, Mr. Chairman. I think in this particular instance, just to wrap it up,

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I think that the evidence and the testimony sort of support that uniting these two units on the lower level would just be beyond his means and capacity at this point.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have Hillary Emerson.

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Ms. Emerson, you can unmute yourself and wait for the chair.

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Good morning again, Mr. Chair.

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You've already been sworn.

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Yes, thank you.

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The councilwoman is not opposed to a multifamily use at this property with three provisos.

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One, that a certificate of occupancy be obtained in nine months.

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Two, that trash be stored in the rear yard and that there be a maximum of three units.

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and I'll explain the last proviso. We do understand that the bottom floor is currently

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broken into two units and there is a mixed history of one to two businesses there.

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Our concern is that the back unit is rather small and that it also has access. It is the sole access

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to the sub basement where the mechanicals and laundry are stored. So we're concerned about

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that access being within a residential unit. We feel that two units on the bottom would be an

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overuse of the property, given that the other two floors only have one unit per floor. And we feel

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that four units would be out of character with the neighborhood. Aside from one significantly

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larger building of nine units diagonally across the street, I did not see any other buildings that

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had multiple units in the basement looking at the corners on the immediate block. I also want to

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note, because I did attend the RCO meeting, the vote, the way it broke down was seven in support

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of the four units, five opposed, meaning that they wanted to keep it as a single family,

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and the three that were listed as non-opposed were in support of three units at the property.

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so that's how the vote broke down just to clarify that for the board so again the councilman is not

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opposed with a co in nine months trash stored in the rear yard and a maximum of three units

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thank you thank you any other comments from the virtual audience

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i've seen all the heads at this time chair planning commission good morning chair bergman

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Ian Hegarty for the Philadelphia City Planning Commission. That's spelled H-E-G-A-R-T-Y.

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

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Yes, sir, I do. Proceed. Thank you. Good morning, board members. The comprehensive plan recommends

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no change to the residential single-family zoning at this location. However, the zoning permit

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records and the existing physical configuration of the structure support that this building was

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used as a two-family dwelling with two separate commercial spaces on the walkout lower level

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consistent with this application the city planning commission recommends that the board grant this

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variance thank you mr chair just to make note of the smallest unit is 372 square feet so it's

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not like it's a tiny micro unit um and again the base because of that that loading um wall that

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separates these two units um on the on the lower level it just is it it's a task that would be

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herculean in its nature for this particular applicant. Okay. MI 2021-005-021-1768th

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Avenue. I vote yes for provisos. CO, was that nine months? Yes, within nine months, yes. CO in nine

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months commercial trash pickup three units thank you mr chair thomas holliman my vote is yes with

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proviso james snell yes with proviso thank you thank you

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MI 2022-000711-1941-East-Pachonk Avenue.

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Appeal against L&I.

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Chair, Mr. Reuter is coming back in

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as a panelist. Thank you

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Good morning, Mr. Reuter. Could you state your name

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and spell for the court reporter?

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or good morning may please the board leonard f reuter r-e-u-t-e-r senior attorney for the city

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of philadelphia right do you swear affirm to tell the truth the whole truth and nothing but the

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truth i do could you please proceed uh well this is an appeal against l and i from a uh zoning

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violation um i don't know if the appellant is in the audience ellen is christopher ferhar f-e-h-e-r

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i don't see anybody by that name there's one phone number

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they don't appear here chair

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uh is the person dialing in from 267-271-3552 um are you i know i'm i'm sorry and we don't say

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i'm sorry that's continued

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this one is number five mi 2021-004-986-2428-north-26

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leo mulvihill

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Mr. Mulvihill?

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Mr. Mulvihill, can you please raise your hand?

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Chair, I don't know if he's having issues or not.

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I see his name, but his hand is not raised.

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Okay.

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Mr. Mulvihill, can you please raise your hand?

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Okay, let's go on.

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If we have to, we'll go back to that, okay?

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