civus
Hearing video

ZBA Hearing - April 13, 2022

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

Can you hear me?

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David, did you hear? I wanted to have you discuss how I stated that we went back and forth with the Spruce Hill Civic Association and hit upon the 12 years because of certain economic realities that you face as a landlord in the office market facing this post-COVID world.

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Can you describe your thoughts and why Bozell is asking for 12 years?

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I'd be happy to yes and Spruce Hill supported the 12 years and I'll explain the background

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this parking lot supports the office building that's a few homes down on the same block

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and this neighbor what makes this neighborhood unique is there are not on street parking is

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very difficult and there are not other parking lots that are open to the public or pay for

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lots as you might find on Market Street. And therefore, there are no options even if you do

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want to pay for parking. And we have a 50,000 square foot office building. And it's critical

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that the office tenants have parking as limited as it may be. And that lot is the difference between

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being able to lease this building and not lease this building. We currently have over 20,000

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square feet of vacant space there and the feedback that we receive is that um is that from tenants

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who who cannot move here because we can't offer enough parking so this lot is absolutely critical

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to keeping this building occupied and the reason for the timing was because 10 um a typical deal

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with uh an office space of this size and the amount of build out and capital that needs to

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go into it paid for either whether it's by the tenant or landlord uh these this caliber of

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tenant for large spaces like this don't sign six-year leases the leases they're signing are

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upwards from 10 years to 25 years in length and so for us to be able to offer space of this building

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we need to be able to offer parking for an amount of time that is equal to or exceeds that

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okay um thank you very much mr chairman members of board that would be my

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questions for mr hess with regard to the six-year issue okay thank you

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mi 2022 000 400 i vote yes temporary variance for 10 years 20 32 may 1st of 2032

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Thomas Holloman, my vote is yes, with proviso.

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James Snell, yes, with proviso.

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Okay, thank you, Mr. Chairman, members of the board.

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Thank you.

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Thank you.

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can you hear me

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yes sir we can hear you okay yes mr chairman believe i believe

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number nine was continued.

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Number 10 was

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continued.

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Here we go.

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MI 2021

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004521

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8430 Ardley Street.

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Okay.

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Chair, Mr. Brennan is coming back in as a panelist now.

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Aye.

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Mr. Brennan, state your name is spelled for the court reporter, please.

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Robert Brennan, R-O-B-E-R-T-B-R-E-N-N-A-N.

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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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Yes.

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

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I'm actually the owner of the property, purchased in June of 2021.

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Okay. Mr. Holloman has a few questions for you.

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Good afternoon. Did you email all of the exhibits as required?

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such as truth of ownership tax clearance copy of refusal pictures or drawings of the property

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five days in advance of this hearing did you meet with the rco and do you have rco letter

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yes to all of the above thank you please proceed and share your screen

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i'm sorry chair this is tanya may i ask a quick question sure um mr brennan are you the sole

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owner of the property? Yes, me and my wife, Elizabeth. And you're listed on the deed alone,

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your name and hers? Yes. Thank you very kindly. You may proceed. Thank you.

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My name is Robert Brennan. Me and my wife, Elizabeth, purchased the property in June of

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2021. It's an existing two-and-a-half-story, four-bedroom, one-bath house of approximately

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1,950 square feet. There is a detached one-story, three-bay garage set to the rear of the property

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abutting the Chestnut Hill Parking Foundation lot,

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entered off of East Highland.

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The previous owners had installed a small toilet room

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and a forced HVAC unit.

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This is the structure we're seeking to use a variance for.

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Is it permissible for me to have our architect

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offer testimony on our behalf,

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or do I need to present?

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I think you present,

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and if we have questions, we'll go to the architect.

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Perfect.

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As you can see,

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the first floor of the house

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is 21 feet, 8 inches wide. It's 43 feet long and 6 inches in length. Essentially, there are four

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rooms in a row from the front of the house to the back. There is a living room, a foyer,

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a dining room, a kitchen, and a back deck on the first floor. On the second floor, there is one

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large bedroom and two small bedrooms, one shared bath, and the third floor is a finished attic

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with a low head height as a single space. The house and garage date to approximately 1922

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and they are contributing structures on the Chestnut Hill National Historic District inventory.

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We are interested in converting the existing detached garage into an accessory dwelling unit

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which is not allowed by right in the RSA 3 residential district. We would like to have a

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home office and entertaining space with the option for guests to stay there on occasion.

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We do have out-of-state family who are older and have mobility issues, and there are no

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bedrooms or bathrooms on the first floor of the main house.

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The accessory dwelling units are not allowed by right in the detached historical structure.

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The accessory dwelling units are not allowed by right in the detached historical structures, but the exception is limited to those structures listed on the Philadelphia Historic Register.

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So we are creating more than one principal use and creating more than one dwelling unit and are seeking these two variances.

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The lot size and existing building locations, as you can see, based on a 40-foot overall lot width, and there's an 8-foot side yard setback.

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It would be difficult to create by right an addition to the house to serve the same purpose as requested for using the existing detached garage.

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And any additions, as we'll show, would not be the same size as the garage and still take up a significant portion of the backyard.

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As you can see here in red, this is only a third of what the actual garage space would be and would still take over 50% of the backyard.

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In addition, equivalent to the footprint of the garage would also require the removal of two

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mature trees and significantly reduce the shared open space of the existing rear yards for the

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south side of the 8400 block of Ardley. It would also significantly increase the amount of impervious

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coverage. The mature trees are this Japanese maple here as well as this cherry tree here.

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The public utility of the existing garage is also very limited as it is now.

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It is now used primarily for storage.

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We can actually not park our car there.

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While the garage has three bays of space, the West Bay is completely inaccessible to cars, as you can see here, due to this mature locust tree here.

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The middle bay is also very difficult to pull into, again, because of the mature locust tree.

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and this bay here actually does not open because the previous owners put in a small powder room

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right here so it cannot be used currently for cars. Public benefit of permitting the conversion

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of the garage into an accessory dwelling unit allows the retention of the shared open space

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of the rear yard, shared common view from backyards and allows the retention of the existing

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mature trees and landscaping and keeps the existing impervious coverage of the lot the same size.

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For context for the neighborhood, we are surrounded by some single and twin homes. To the north of our house is 84-32, which is a single home, and to the south is two twin homes at 84-26 and 84-24.

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The back of the garage abuts the Chestnut Hill Parking Foundation lot, as you can see here.

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our plan for the garage would be to convert the garage here at the back of the property the

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garage currently is 35 feet four and a half inches wide by 23 feet five inches deep the garage sits

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three to four feet off the rear property line and three feet off the west property line and a foot

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and a half off the east property line there is sufficient space for the required two off-street

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parking spaces on the existing driveway. There is space for one car to turn around within the

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existing driveway. There is no change in the building footprint and no proposed expansion

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of the existing structure and minimal proposed exterior changes. The vast majority of the work

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would be inside of the garage. Proposed materials, the existing, the three doors inside the three

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existing garage openings would be removed and the two openings to the right would be

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infilled with operable French doors, and the left-hand opium would be infilled with solid

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doors that would match the style and proportion of the French doors. The existing sides and rear

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of the garage would remain unchanged. The existing sand finish stucco is painted in a warm beige

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color. The window trim and windows are painted in olive green. These colors would also remain

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the same. The existing spotlight down lights on the face of the garage have been replaced with

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Here are the letters of support.

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We went through the Chestnut Hill RCO process, meeting with the HDAC, LUPZ, and DRC committees

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and getting their recommendations for supporting the variants and unanimous support of their

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recommendations, as well as getting unanimous support from the CHCA board at their January

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meeting.

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There are two provisos as part of the support that we agreed to.

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In summary, granting the requested variances will allow the full use of an existing historic structure with minimal changes to its architectural character and defining features, save the existing mature landscaping and save the shared open rear yard space enjoyed by the neighbors, granting the requested variance does not create any new or objectionable uses for the property and has minimal impact on the rear neighbors, near neighbors and the neighborhood.

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The closest neighbors all support the approval of the variance request.

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Mr. Johnson, could you mention what the provisos were?

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The provisos were for one of the properties to be owner-occupied and for no long-term

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rentals.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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I'm sorry, Chair.

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This is Tanya.

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may I ask a question? Sure. Sir did you email the documents that were required

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such as your deed lease or agreement of sale? Yes and I have that all those documents are also

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in our exhibits which were emailed by our architect Matt Milan and that was also copied

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on those emails. Okay can you bring up that a document please? That's the document that I'm

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showing here um which has uh the exhibits that were submitted

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within this could you just put the the lease agreement of sale up on the screen just for

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confirmation yep

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Thank you so very kindly.

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Thank you.

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So I'm sorry, again, Robert Brennan and Elizabeth Brennan.

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That's perfect.

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Thank you, cause I can't see it in my records.

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I appreciate your accommodation.

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Nope, thank you.

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And if there's anything we need to email over,

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just let us know.

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Questions from the board?

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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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Chair, we have Charles Richardson with his hand up. Mr. Richardson, you can unmute yourself and wait for the chair.

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Good afternoon again, Mr. Chair.

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um zoning decisions cannot be based on the form of ownership so these uh provisos would not strictly

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speaking be enforceable okay thank you m i 2021 004521 8430 r lee street i vote yes

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thomas holliman my vote is yes jane snell my vote is yes

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thank you Mr. Brennan thank you so so I'm going to go back one minute here to

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2227 Bryn Mawr did Mr. Orphanidis ever contact us

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Mr. Orphanidis is coming back in as a panelist okay thank you

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M-I-2022-00456-2227, Bryn Mawr.

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Good afternoon, Mr. Chairman.

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David Orphanides, Orphanides & Turner.

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

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Certainly.

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Last name is Orphanides, O-R-P-H-A-N-I-D-E-S.

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My address is 2 Penn Center, 1500 John F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.

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

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I do.

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Could you identify your client and relationship to the property?

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Yes.

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Our clients are the owners of this property.

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Give me one second.

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Confirm that.

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so that's the um the church of the church of god is uh the name of the uh owner in the in behalf of

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a number of trustees it's uh denis walton roy watson and lennox smith as trustees for the church

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of god and constituting the local board of trustees of the church of god at philadelphia

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thank you mr holliman has a few mr holliman has a few questions sir good afternoon council

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do you agree to waive the reading of the refusal and simulate to its accuracy uh i do

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did you email all of the exhibits as required such as proof of ownership tax clearance copy of

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refusal pictures or drawings of the property five days in advance of this hearing did you meet with

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the rco and do you have rco letter we met with the rco and i apologize for not being on at the

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beginning of the two o'clock list but i'd like to request that and uh like to request a continuance

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of this case uh we did meet with the community group at a properly advertised uh community group

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meeting in accordance with 14 303 12 of the zoning code and we received a lot of feedback from the

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community so my clients and i particularly my clients and the architect and the engineer

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have gone back to the drawing board what they can do to address as many if not all the concerns of

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the community group possibly coming back with a buy-right application.

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So as such, I'd request a continuance and that I'd be designated as attorney moving party.

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That's granted.

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Thank you.

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And again, I apologize for anybody being on this list sooner.

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Is there anyone else in the audience from the two o'clock meeting that the case hasn't

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been called?

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okay we're going to take a five minute break come back for the 3 30 list

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thank you very much okay have a good day all right

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here we go let's see what i have here

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3.30 minutes.

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Thank you.

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