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Hearing video

ZBA Hearing - March 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 13, 20246h 7m

as a result there is uh the supporting not only the votes listed but also the reasons

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uh for their support so again they didn't have any objections to it there was only one that was

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opposed to it out of the nine that were present at the community meeting. Also, I have a note that

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this particular property, my client owns, she's a co-owner with her sister for the property that's

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next door which is 5721 and that property is a legalized duplex of uh additionally uh down the

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street uh 5700 there's a nine unit and also so basically my client was seeking to do a duplex

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which is consistent with the property that she currently owns next door.

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And that's what she was seeking to do,

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in addition to the reason of having a safe living quarters for her adult son.

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We have the deed that evidences the ownership of the property.

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Also, we have the refusal.

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It is an RSA five, which only permits by right single family.

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And then we have the tax clearance.

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So essentially, we would ask that this petition, that this application be granted for.

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This petition that this application be granted for the reasons that we that I've just presented and I have I do have my client available to testify to affirm and confirm the testimony that I've just given.

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Mr. Harris, did I notice this was an end unit?

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This is an end unit. This is a corner property.

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Could you could you please bring your client on?

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Okay, Ms. Howard, could you please raise your hand so you can be promoted?

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Lisa, Howard has been allowed to speak.

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Yes.

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Can you hear me?

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Hi, could you please state your name?

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It's spelled for the court stenographer.

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Okay, my name is Lisa, L-I-S-A, Howard, H-O-W-A-R-D.

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I didn't realize my picture was not there.

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Sure.

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

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Yes, I do.

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Please proceed, counsel.

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Okay. So, Ms. Howard, did you hear the testimony that I just gave to the zoning board?

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Yes, I did.

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Okay. Do you adopt the testimony that I've given? Meaning, do you agree with the testimony that I have given?

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Yes.

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Okay. Is there anything, this is your chance, if you want, you don't have to, but if you wanted to add anything,

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you can certainly add anything to what I state or you can just say you don't have anything else to

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add other than what I have presented. I would like to add that there is a 48 unit apartment

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building right across the street from me. And also on the other side, there is the church on

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the corner. And also there are multiple duplexes already in my area. Of course, it's 5719 in which

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Tricona with my sister, but it's also 5727 and also 5731, which is a funeral home. And then on

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top of it, there are apartments. And then, as you said, 5700, but also there's a duplex there

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and a storefront. But on 5800, there's also a duplex. Well, it's more like a quadplex and a

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business on the first floor. And there are two apartments above them. And if you keep on going

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on 5819, there's also a duplex. I mean, that's a triplex. That's a basement and the first floor

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and second floor. So there's multiple duplexes or apartment buildings in the area.

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Okay. That's all that you would like to testify to in front of this board?

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Yes.

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Okay. Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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i see no hands planning commission

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thank you chair bergman sarah bond philadelphia city planning commission s-a-r-h-b-a-n-h

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you swear affirm to tell the truth the whole truth and nothing but the truth

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yes sir please proceed thank you uh the comprehensive plan recommends no change to

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existing RSA 5 residential single family zoning the appellant has not supported their hardship

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claim with evidence of unique physical circumstances or conditions of this property the city planning

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commission recommends that the zoning board deny the variance thank you MI 2023 007 206 5719

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Ray Street, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you. Number three. Thank you, counsel. Number three,

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MI 2023-007-049-704 South Front Street, number T-B-447962. Henry Clinton is the attorney.

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There's a letter of support from the Queen Village Neighbors Association and a letter of non-opposition from Council Member Squilla.

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Good afternoon, Mr. Clinton. Could you state your name and spell it, please, for the court stenographer?

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Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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You swear or affirm 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 this property?

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Sure. My client is Elizabeth Whitticombe, W-I-D-D-I-C-O-M-B-E.

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She is the owner of the property and she is on the call.

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She is the owner of the property, and she is on the call.

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Our vice chair has just a few...

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Our vice chair has just a few questions, sir.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its advocacy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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We have, except within the day we handed in the tax information from the tax bureau.

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Thank you, Mr. Clinton.

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Please proceed and share your screen.

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Thank you, Rasheed.

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Is that feasible, Mr. Chairman?

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Whoever's talking, mute, please.

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Please proceed, Mr. Clinton.

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Good afternoon, Mr. Chairman.

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Again, members of the board.

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Henry Clinton for Elizabeth Whittacombe.

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This is my presentation for today,

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containing table of contents A1 through A10.

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This is the refusal.

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So a little bit of a background story, Mr. Chairman.

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So this property, 704 South Front Street,

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fronts on both Bainbridge Street and Front Street.

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In June of last year, the properties were subdivided,

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but the address on Bainbridge Street

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is not reflected in the OPA public records yet.

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So even though this says 704 South Front Street, we are going to talk about Lot B, which is fronts on Bainbridge Street.

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And the refusal concerns the fact that the Bainbridge Street aspect of this lot has an existing garage, which is not permitted.

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A front-loaded garage is not permitted in a single-family zoning district.

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As the chair knows, typically you'd have to access your driveway or your parking space in your garage from a shared driveway, an alley, or a rear street.

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The garage has been in existence for some time, and our proposal is to keep the garage and put a single-family home above it and behind it.

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We do have an RCO letter of support from Queen Village Neighbors Association.

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The only thing they asked us to do was add some more brick along the south side of the property, which we have done.

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So here are the plans by the architect, and she has some really good aerial photographs and street photographs.

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So basically, this is Bainbridge Street 108, and this is Front Street.

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So the lot is shaped like an elongated L, or it was, until it was subdivided.

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subdivide it. So today we're only talking again about 108 South Bainbridge Street. This is an

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aerial view looking at 108 South Bainbridge Street. It's a one-story garage. There are

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existing garages on the block. In fact, the two adjacent homes to this property have front-loaded

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garages. Another view, again, here's the elongated L, which was prior to subdivision. Now as a result

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subdivision we have a smaller L here fronting on Bainbridge Street and the single-family home

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that's on Front Street will remain and I also have a photograph of that as we walk through this

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presentation this is proof that the lot in fact was subdivided at one time if you follow my cursor

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again here's Bainbridge Street Front Street it's a rather large lot and we're basically taking the

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lot and cutting it uh right where my cursor is we have the approval of the survey district the

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planning commission as well as uh l and i this is the photograph of the one-story garage with

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adjacent garages some more views just to give the board some perspective it's looking down bambridge

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street looking in the opposite direction uh and this is the proposal to to build a single family

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home. Right here is the outer limits of the property. We have no issues with height, open

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space, or rear yard. Again, we're simply keeping a garage, updating it, making it more familiar to

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the neighborhood, and adding stories above. So this is the final product. And as I said,

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Mr. Chairman, the only thing that the Queen Village Neighbors Association asked us to do

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with regard to the first plan was to change the side alley here to all brick.

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It doesn't really affect the footprint or the zoning submission,

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so we're not asking for any plans to be stamped

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if the board looks kindly upon this application.

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I can walk through the floor plans for the board.

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Basically, there's a basement.

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The garage will be a slab on grade.

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The remainder of the footprint will be a basement.

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First floor plan, again, garage.

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entrance area. You have a kitchen and a living area on the first floor.

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Then on the second floor, there's three bedrooms.

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Then on the second floor, there's three bedrooms.

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That's just the side view.

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Again, this is looking at the side of the building, two stories on top of the garage with a little kind of pen area to get onto the rooftop deck.

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Side view.

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Again, here's the garage on the first floor, kitchen, living, and then the three bedrooms with a little area to access the front deck.

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overlooking Bainbridge Street.

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Side view.

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And this is the single-family existing home,

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which will remain on Front Street.

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You can see that we posted our notices

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on both Front Street as well as on Bainbridge Street.

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The rest of the documents are the pro forma documents

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that the board usually sees in an application like this.

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This is the tax information from the Philadelphia Tax Center.

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The taxes are due by March 31st of this year.

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My client will testify that her mortgage company actually paid the taxes March 3rd.

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It hasn't been reflected yet, but since they're really not due, this really is considered

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still a clear real estate tax document.

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Zoning map again shows you the nature of this rather large lat, which has been subdivided.

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And again, we're only talking about Bainbridge Street 108.

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This is the deed indicating that I prepared this deed confirming the subdivision.

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This is our notice letter to the community indicating we mailed out 200 pieces of mail.

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So in conclusion, we have a situation where we have a large lot, Mr. Chairman, where we're asking that it be subdivided, which it has been, and approved to be subdivided.

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We're going to keep the existing garage with the existing curb cut on Bainbridge Street and then put a single-family home basically on top of the garage without affecting, again, the open space, rear yard, or height requirements per the code.

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We're basically in harmony with the rest of the block.

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There's several garages on the block.

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We're in harmony with the code.

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We're not impacting any lighter air on either side of the property.

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We are in harmony with the code and in harmony with the neighborhood's wishes, which we have acceded to.

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And with that, I'm going to ask my client, Mr. Chairman, to unmute herself.

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Yep.

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Ms. Whitacombe, can you unmute yourself?

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Elizabeth, can you unmute yourself?

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Ms. Whittacombe has been allowed to speak.

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Could you please state your name and spell for the court's stenographer?

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Elizabeth Whittacombe, E-L-I-Z-A-B-E-T-H, W-I-D-D-I-C-O-M-B-E.

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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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Please proceed, Mr. Clinton.

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Thank you, Mr. Chairman.

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Good afternoon, Mr. Whittacombe.

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Were you on the call when I presented your project?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you very much.

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Mr. Clinton, just to be clear, the only refusal is parking.

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Am I correct?

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Yes, Mr. Chairman.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hand.

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Planning Commission.

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Thank you, Chair Bergman, Sarah Bond, Philadelphia City Planning Commission.

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In 2017, the zoning map was amended to RSA 5 residential single family at this location in accord with recommendations from the comprehensive plan.

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The proposed use of accessory parking is consistent with documented prior use of this property.

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The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you.

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MI 2023-007049, 704 South Front Street, number T-B-447962, I vote yes.

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Thomas Holliman, my vote is yes.

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