civus
Hearing video

ZBA Hearing - September 29, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20218h 23m

us out by sharing that on your screen okay um i'm on my cell phone i'm not familiar on how i can

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share it on my cell phone um my computer network is down right now so i wasn't able to get on the

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network because it's down so i had to use my cell phone um ambrose are you on here ambrose is my

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engineer are you allowed to allow him to speak he can probably share it with you well he can

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share the exhibits but you can speak to them okay um can you give him access so that he can share

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What is his name again?

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Ambrose.

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Yes.

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Can you just ask him to raise his hand?

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Ambrose, can you raise your hand?

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Probably even promoted to panelists.

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Sir, please identify yourself.

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I'll swear you in just in case we need to hear from you.

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Ambrose, please raise your virtual hand

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so that you may be sworn in.

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Thank you.

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evidently he's not available at the moment chair could we push this one back

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let's move miss uh miss walls we'll get back to you uh miss sunkett or one of the other staff

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members will work along with you so with that let's let's go to a way that i can just show you

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the photos on my phone or no i'm not sure if that's feasible um sir i can look that up i

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haven't tried that. He's coming in now as a panelist. Okay. Thank you for your patience.

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Ambrose, please spell your first and last name. My first name is Ambrose, A-M-B-R-O-S-E.

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and my last name is spelled C-H-U-K-W-U-N-E-N-Y-E.

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

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I do.

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Are you able to share any of the documents, any of the exhibits with us?

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Not quite.

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I'm on my cell phone, and I'm going to have to see if I can transfer it to my cell phone.

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All right. Well, what we're going to do is we're going to move your case back a little bit and you'll work with staff on the technicalities to get you up and running.

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Excuse me, Chair. Do you mind me asking if I could learn what kind of cell phone they're using?

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Please.

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You've got an Android.

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An Android? Okay.

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I'm on an iPhone.

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Okay. Thanks.

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Can we wait, Pauline?

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or um you can no chair no chair we can continue i agree yes

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continue with new cases correct yes yes thank you all right item number two three

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four and five mi 2021-002458 1806 east lehigh avenue mi 2021-0024

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457-1804 East Lehigh Avenue. MI 2021-002-459-1808 East Lehigh Avenue and MI 2021-002-460.

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and MI 2021-002-460-1810 East Lehigh Avenue.

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These cases are combined,

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either Mr. Nockimson or Kalmenta Amazon,

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who will be representing.

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Each of these cases have received a letter of support

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from Councilman Squilla,

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who refers to letters that were sent of support from East Kensington.

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Mr. Nockamson, will you be presenting this case?

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Yes, Mr. Chair.

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Just identify yourself. You're still under oath?

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

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Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N,

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123 South Broad Street, Suite 1600, Philadelphia PA, 19109.

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Mr. Nockamson, do you agree to weigh the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packets with proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCOs? And do you have letters?

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Yes, we do.

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Thank you. You may proceed.

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May I share my screen?

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Sure.

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in front of you is our presentation materials for 1804 1806 1808 and 1810 east lehigh avenue

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this these properties are located in the east kensington area of philadelphia and as previously

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indicated we have a letter of support from ecna as well as well as a letter of non-opposition from

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Council Member Mark Squilla, and we additionally have additional letters of support from nearby

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neighbors. So in our presentation materials, you'll see the deeds of the property showing

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that my client owns them, certificates of tax clearances showing that we're in good standing,

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notices of refusal. All of these are RSA 5 properties. We're requesting to have them as

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duplexes, each one of them. Just a point of notation, when my client purchased these properties,

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the zoning was RM1 as you will see also there's a history of multi-family multi-unit use for

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some of these properties that's exhibit four exhibit five are our applications for appeal

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exhibit six you'll see our maps of the area we're half a block off of a commercial corridor

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on Kensington Avenue where there's public transportation as well with the L additionally

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you'll see across the street, you'll see that it's industrial in nature, and you'll then see

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photographs of the property in the surrounding area. In those photographs, we'll show you that

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it's not out of character to have multifamily use. There's other duplexes and multifamily structures

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that are RSA 5 on that block. Then we'll go through the plans and drawings. And then finally,

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you'll see, again, confirmation of the letter of support from ECNA, as well as a letter of

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non-opposition from the council member as well as letter of support from nearby neighbors.

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Again, Metropoli LLC owns these properties.

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Could you enlarge those exhibits a little bit, please?

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Sure, Mr. Chair. Is that better?

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Yes, thank you. And if you're hearing background noise, I apologize for digging up the street

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across from where I live. Yeah. So instead of going through all these exhibits, you know,

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just you know I'm sure you have a long list I'm just going to show you quickly you know tax

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clearance you'll see that for these properties and then the notice or refusal again they're all

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the same there's no dimensional variances here we're not trying to overuse the property

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we're simply here because these the zoning changed on us from RM1 to RSA5 for each of these properties

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Again, you'll see, I'm just going to scroll down, but you'll see that some of these properties

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have a history of multifamily use. Here, this is actually a three-family dwelling at one point,

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as well as here as well, multifamily structure. And then our applications for appeal.

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I'm going to show you maps of the area. Again, these are the properties. We're on East Lehigh,

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We're, you know, half a step away, essentially, from a commercial corridor on Kensington Avenue, where the L is.

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The properties across the street here are all industrial in nature.

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And then photographs of the property.

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And these are our properties.

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And then you see East Lehigh to the right of the properties.

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East Lehigh, and you can see to the left of the properties, you can see the L.

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East Lehigh and you can see to the left their properties you can see the L, you can see the

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you can see

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more industrial use over there. And then you can see 1814 East Lehigh is a nearby RSA5 property

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but it's a duplex. 1818 East Lehigh again a nearby RSA5 property that's a duplex. So it's not out of

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character to have multi-family use on this block even though it's RSA5. And then just

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Again, I'm just going to make it a little bit less, but these are three-story duplexes, keeping traditional brick facades.

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Let me just show you, I was going to show you, let me make this a little smaller so I can navigate a little easier with the drawings.

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Looking for the floor plans.

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Again, for each of the units, the first floor, you go into a vestibule area to the left is

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unit one, which has a first floor and then a lower level, and then you go up a flight

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of steps for unit number two.

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and unit number two is also a bi-level which is you know what's it called common air of you know

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living room dining room and kitchen and then it has two bedrooms and two baths

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and then here's our letter of support as you can see it's a well-attended meeting

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there were 17 people who attended the meeting 15 people either supported or were non-opposition

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of the project in particular 13 people supported this project we have a letter of non-opposition

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from the councilman and then we have many many many letters of support from nearby neighbors

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so with that being said I'm going to stop sharing my screen I'm going to have the owner's

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representative Steve virtually raised his hand to adopt my

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testimony. Steve, can you virtually raise your hand?

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I have Vyacheslav Shlowski with his hand raised. I have allowed

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him to speak.

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please spell your full name and i'll swear you in yes uh full legal name is vetslav

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it's v-y-a-c-h-e-s-l-a-v last name shklovsky s-h-k-l-o-v-s-k-y and i go by steve

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

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i do thank you mr notkinson yeah steve you heard everything i stated today

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i did and is it true and correct it is and do you adopt it as your own testimony i do

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and we also have the architect as well if there's any technical questions regarding the floor plans

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thank you any questions from the board

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no no

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and any anyone else would like to testify in this case please raise your hand

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danny castillo has raised her hand i will allow them to speak at this time sir

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hi yeah i just wanted to say um excuse me ma'am please spell your full name um it's danny d-a-n-i

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castillo c-a-s-t-i-l-l-o you swear for him to tell the truth the whole truth nothing but the

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truth yes thank you please proceed um i'm i'm a neighbor um i live at 1816 east oakdale

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um i think that these projects would really improve the area um that corner is really rough

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right now um i've gotten to know steve he also owns some property next to my house he's planning

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develop um i really think these multi-family properties um would be great at that corner

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get some new people into the neighborhood they're doing a big development down at frankfurt and

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lehigh that's going to have all retail commercial space on the first floor i think people will

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really enjoy that so i totally support this project thank you thank you anyone else to

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testify in this case. Please raise your hand.

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No further hands at this time, sir.

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Thank you. Planning Commission.

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good morning chair peter bernard for the planning commission

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Good morning, Chair. Peter Bernard for the Planning Commission.

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peter please spell your last name please bernard he is in boy is an apple or

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this is nancy is an apple or is roger he is a dog you swear to affirm to tell the truth the

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whole truth nothing but the truth i do chair please proceed these properties are indicated

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for single family residential in the comprehensive plan while the plan recommends no change we feel

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that the proposal advances the goal of increasing density within walking distance of transit

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stations. Accordingly, we support the granting of the variance. Thank you. MI 2021-002-458-1806

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East Lehigh, MI 2021-002457, 1804 East Lehigh Avenue, MI 2021-002459, 1808 East Lehigh Avenue,

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and MI 2021-002460, 1810 East Lehigh Avenue. My vote is yes to all four applications.

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Harold Tenere, my vote is yes to all four applications.

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Confessor Plaza, yes to all.

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James Snell, yes to all applications.

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Thank you.

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Before we go on, have we been able to get number two, Ms. Walls?

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Sir, I just got her back in.

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She was out for a little bit, so now I can send her the information.

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So I would, if Tani is okay, recommend going to a different case.

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We'll go to another case. We'll go to number six. MI 2021-0023771920 Alter Street.

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Attorney of record is Mr. Michael Yanoff. There is a letter of support from the Point Breeze CDC.

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Mr. Yanoff, if you're in the virtual audience, please raise your hand so you may be promoted.

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Mr. Yanoff has been promoted.

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Mr. Yanoff, please spell your name and I'll square you in.

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yes i'm here thank you i'm sorry uh michael's m-i-c-h-a-e-l yanoff y-a-n-o-f-f

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you swear for him to tell the truth the whole truth nothing but the truth

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i do just uh identify yourself your attorney representing and your address

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My attorney, I'm attorney representing the applicant at the 1920 Alter Street calendar number MI 2021-02377. My office address is 610 Old York Road, Suite 340, Jenkintown, PA 19046.

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Thank you. Ms. Tenere has some questions for you.

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Yes.

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Good morning. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal, referral, photos under plans of the property five days in advance of this hearing?

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Have you met with the RCO, and do you have a letter?

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Yes, as to all that.

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Okay, great. You may proceed.

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Thank you.

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I represent the applicant in this matter.

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this matter really arises from the fact that my client purchased the property when it was already

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in violation of the maximum developable area he was unaware of that but apparently the prior owner

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of this property did not obtain the necessary permits from the city of philadelphia as a result

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my client was obliged to file the zoning application to increase the or to recognize

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the existing condition of a maximum occupied area percentage of lot the allowed in this zoning

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district which is rsa 5 is 75 or 562.5 square feet the proposed is 78.75 or 590.625 square feet

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which represents an increase of only 3.75 percent or approximately one foot ten and a half inches

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above the maximum permitted occupied area.

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Mr. Yannis, pardon the interruption. Do you have any exhibits you can share with us?

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Sharing, of course, is a major issue for me.

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don't you're not alone so don't don't feel bad okay i i do have i have the documents

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You're not alone, so don't feel bad.

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Okay, I do have...

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um somewhere on my screen but i'm not really sure where they would be um

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and i apologize for that again because i don't necessarily see them in my documents

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uh i probably could use some assistance in that unless

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Do you have the document open on your screen now?

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Let me do that right now if I can.

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I'm not sure that I can.

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Do you have it open on your screen, sir?

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Well, I know the problem is that I'm working off of two computers and one has this screen

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