civus
Hearing video

ZBA Hearing - May 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 5, 20214h 16m

I'd like to know if the establishment has off-street parking or valet parking.

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Mr. Almond, it's a very good question.

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What you see on the site plan right here is the extent of our property.

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So as I mentioned, there's an area in the back where we keep the trash.

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Then there's a walkway to the side.

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So there's no location on site for off-street parking.

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And again, if we ever had less than 50 people, if we were establishment and never had more than 50 people, we wouldn't even be here.

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But we do have a letter of intent with a nearby property, North 5th Street.

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And that is one of the things that, aside from the provisos that are in Ms. Monroe's letter, we have been discussing with Ms. Farrell, having that in certain circumstances, the possibility of valet parking.

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But again, most of our events are smaller. Most of our events are local. And as you heard Mr. Caceres mention that in terms of the impact on traffic in the street, and I'd like to get back to Mr. Chen. Again, I'm trying not to belabor this, but nobody seems to have been able to identify, clearly identify.

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you have somebody that's saying there are other businesses that are into the block that are

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causing these issues. And you have two neighbors, one, Mr. Chen, who's pretty far down the block.

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And admittedly, Ms. Chan is two doors down. Ms. Chan said herself, I can't pinpoint it to open

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space. And you have Mr. Chen, who's further down the block and says he gets woken in the middle

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of the night. Again, I don't know what event, whether, you know, how many times, what days of

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the week, things of that nature. But if you're in bed, I think it'd be pretty hard to come out and

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find out when you're halfway or more than halfway down the block that whatever problem is, is coming

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from my client's property. So in terms of valet, we remain open. We're committed. My client is here

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We're committed. My client is here in the neighborhood. Somebody stated that he has

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in the neighborhood. Somebody stated that he has own properties on the block.

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own properties on the block. He's committed to this block. He's been there before when this

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block was dreadful and he's committed to the block and he's committed. And my word to Ms. Jones,

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my word to Ms. Monroe, my word to Ms. Farrell, my client's words were we will continue to work

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to address any reasonable issues that are brought to our attention to the best of our ability. And

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I don't disappear. I'm here in the city. I stay involved. My client is on the, he's there at the

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business every day. So he's going to continue to try to improve this and make this better because

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he draws from the community for his business. It's counterproductive for him to want to make

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everybody upset. So in terms of valet parking for like you heard somebody say, it's the property

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next door. We're considering it. We've already entered into, we have a letter of intent with

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a nearby property for when we think we're going to have like larger events and because we don't

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want it it's a problem for our people too if they can't get to it so the answer is we have a letter

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of intent we don't have it up and running right now we're continuing to discuss that we brought

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this up nobody asked us about this we proactively brought this you know we've been working on this

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and we'll continue to work on that with the community to try to address anything that is

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specifically related to our property that's you know really a problem and it's not so there so

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there is valet no no that's what i'm saying we have a letter of intent we haven't set it up yet

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we're still working out whether the details under what circumstances for what events but we've we've

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forwarded all that information to the community and we're in current conversations about that

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but we can't say like we're ready we don't have it right now but we're already working on it because

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we've heard from the neighbors and has as Iran and his wife have done they work to address the

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reasonable concern so they proactively are already on this okay even in the middle of that even in

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the middle of a pandemic Mr. Holloman do you have any other questions no I'm vice chair okay

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anybody else on the board with questions no planning commission

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thank you madam chair ian hegarty h-e-g-a-r-t-y for the philadelphia city planning commission

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thank you do you swear from the tell the whole truth and i'll think about the truth

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i do okay you're up all right the comprehensive plan recommends no change to the existing

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commercial mixed use zoning at this location i would know for the board it's a special exception

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case and this proposed special exception would not cause detrimental impacts to the neighborhood

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beyond what normally might be expected for this type of use the city planning commission would

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therefore recommend that the board grant a special exception okay calendar number

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there are no conditions to their support in terms of hours or days or anything

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calendar number zero zero one second

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calendar number zero zero six five ten fourteen north marshall street my vote is yes

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my vote is yes my vote is yes my vote is yes

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thank you for your patience thank you for your tolerance i

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tried my best to get through quickly thank you you sure did calendar number zero one one eight

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2361 East Allegheny Avenue.

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This is case.

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I believe there was a request for it.

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That was continued.

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Okay.

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Calendar number 0-1-1-5-2814 Salmon Street.

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the attorney is bill o'brien

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mr o'brien if you're in the virtual audience please raise your hand

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mr o'brien has been promoted to panelists thank you mr o'brien can you hear me

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I think he's popped off for some reason.

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I know.

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Can you hear me?

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Now, yes, I can hear you.

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Can you put your name and address on the record?

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please and spell your last name yes good morning madam chairwoman william o'brien o-b-r-i-e-n

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Yes, good morning, Madam Chairwoman William O'Brien, O-B-R-I-E-N,

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Manioc Law Office, 4322 Main Street, Philadelphia 19127.

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Thank you.

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

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Yes, I do.

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Okay, you may continue.

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I'm here on behalf of Annie Lee and James Thomas, husband and wife,

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who are the owners of 2814 Salmon Street.

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Okay, stop.

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Now, do you also 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 packet with proof of ownership tax compliance, a copy of the refusal or 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 RCO?

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And do you have a letter?

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Yes.

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All the materials have been uploaded and we have met with the RCO and we have a letter.

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Okay, great.

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Thank you.

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sorry for interrupting you, but I wanted you to be able to get on who you were representing,

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so you may proceed. Thank you. Madam Chairman, I'm trying to start my video,

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but it's not working. I don't know if it's my end or whether I'm not

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blocked. I mean, I can continue without video if that's all right.

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i think we need video sharing you can go for it without video but you can share your screen

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and um that will be fine okay let's see

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okay so um okay great the uh annie lee and james thomas are the owners of 28 14 salmon street

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the property goes from Salmon Street through to Tilton Street it's a let me go first to the

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refusal the proposal is to put a second story on a detached garage that faces Tilton Street

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if I can bring this there we go so it results in one refusal once the second floor goes on

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the detached garage, it becomes a second principal building on the lot. We've met with the Southport

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Richmond Civic back on March 10th, I think it was. Yes, March 10th. And we received their

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letter of support on March 17th. That's exhibit two. Let me go through some photographs real

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quickly. This is the front of the house. It's a modest two-story home on Salmon Street.

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There is a passage next to the front door that takes you to a courtyard. That courtyard is

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between the two-story home and the one-story garage in the rear. The second picture shows

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that one-story garage. This is the building next door, the three-story building. You can't see the

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house constructed by the garage. This puts the garage in context on Tilton Street. You can see

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a two-story structure next to it, a three-story structure with roof deck next to that, and then

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finally the rest of the block on Tilton Street are all two-and-a-half-story homes. So the addition

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of a second floor on top of the garage will not be out of scale with the existing structures on

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tilton street uh next you also have a letter of non-opposition from councilman scuola i did not

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know that i do does the board have any questions no no no i'm sorry for that drilling that you're

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hearing if you're hearing it planning commission um thank you vice chair janari the integrity for

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the philadelphia city planning commission comprehensive plan recommends no change to

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the single family zoning here however the applicant's property as you can see is a through

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lot with frontages on two streets given that the proposed structures would be similar in height and

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density to two single family homes similar to configuration of other homes on the block the

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City Planning Commission recommends that the board grant the variance. Thank you.

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Madam Chair. Yes. My clients are participating and I just wanted them to introduce themselves

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briefly and adopt my testimony as their own. That would be great. And I know I have to ask

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if there are any people here. Thank you, Madam Chair. Okay.

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I see no hands at this time, Madam Chair.

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If Annie Lee can raise her hand.

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Ms. Lee has gone up.

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Ms. Lee, can you put your name and address on the record?

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Yes, I can.

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And spell your last name.

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First name is Annie.

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Last name is Lee.

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My last name is spelled L-I.

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Okay.

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Do you swear or affirm to tell the whole truth and nothing about the truth?

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I do.

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uh miss lee did you uh participate in the hearing from the beginning yes and did you hear my

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testimony i did uh is it truthful and do you adopt it as your own it's truthful and i adopt it as my

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own thank you thank you thanks everyone thank you is there anyone else out there

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mr o'brien that you know of i don't believe so okay are there any other people who would like

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to testify on this case if so please raise your hand

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i know you said there were no other hands jason so i didn't know if that included other witnesses

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no ma'am there's no other chair no other hands at this time

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okay um calendar number zero one one five twenty eight fourteen salmon street my vote is yes

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my vote is yes my vote is yes my vote is yes thank you good luck thank you may i be excused

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yes you may thank you madam chairman calendar number zero one three seven forty three zero six

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Parkside Avenue. The attorney is Joe Consul.

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The council has been promoted to panelists.

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Excuse me, Chair. This is Sharon Saleta. I understand that there is an attorney representing

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a group of near neighbors who would like to begin by requesting a continue that this matter be

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continued so perhaps you could call her as well okay is there another attorney

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present on this case and if so can you please raise your hand

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4306 parkside avenue and could i ask that all others lower your hands unless requested to raise

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them her last name i believe is hayman h-e-i-m-a-n

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we have a brian harris um jason can you unmute and see if that's the individual

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he's not the attorney he's the rco uh chair

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so i'm assuming that i'm sure i got miss uh hayman uh with her hand raised do i promote

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it a panelist or uh yes yes promoted a panelist

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Ms. Heyman, please raise your virtual hand again, so you may be promoted.

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Ms. Heyman has been promoted to panelists.

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Thank you. Ms. Heyman, can you hear me?

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Yes.

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Hi, can you put your name and address on the record and spell your last name and wait for me to swear you in?

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sure uh stephanie hyman h-e-i-m-a-n-n 7225 devon street

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do you swear or firm to tell the whole truth and nothing but the truth

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i do uh i just wanted to clarify that i'm here representing a group of neighbors for 6717

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true avenue and not not this case not this case oh i'm so sorry i i i had a text message and

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thought that it related to this case. This is the case where, but I can say that we have

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the case summary has changed that the RCO, I sent you the RCO, the coordinating RCO's letter,

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the coordinating RCO actually opposes the proposal. And that's on the other case?

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No, that's on this one. The RCO opposes this one, and you may call Ms. Heyman again when you call

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you avenue one question there is there are two letters of support but the non but they're

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non-coordinating yeah we had never received i'm asking i'm asking miss saletta i apologize

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that's okay the coordinating rco is the letter that i emailed you the um they had a meeting i

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I believe the vote was 41 opposed and maybe 13 in favor, but you have the numbers.

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uh, maybe 13 in favor, but you have the numbers. Um, the letter that was in the exhibit packet

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is, is not the RCO. Okay. We had not received that letter. Um, but we did get a call from the

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RCO about 20 minutes ago, uh, seeking to, uh, negotiate with us, which is what we had been

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trying to do for the last seven weeks or yeah, seven weeks. Uh, and we, we want to do that. Um,

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However, this is an expedited appeal and there's some time sensitive issues. So is it is a 30 day push possible because also Andrew Goodman for the council person's office wishes to do the same.

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And we would like to speak to both of them because we have a ton of support. We want the RCO on board. This is this is where we're at.

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Okay. I don't know if we can accommodate that. Ms. Sunkett would have to

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respond to that.

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This was a continuance or request or resumption. I'm sorry. It would be a continuance. It would

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be a continuance. No, no 30-day. Okay. So you're trying to

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compromise and um i guess proceed with your case we'd like to we have a case to present um we believe

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it's a strong case we had a meeting on the 24th of march with the rco we never received the letter

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from them apparently it came directly to you guys uh we've been reaching out to them to try to uh

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to talk about it and work through some of the issues that had not been successful we just got

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a call that they want to do that uh so here's here's where we're at i don't know if a resumption

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hearing is more appropriate i don't want to prejudice anybody here with with what we do

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okay continue with your case uh so is that a yes on the resumption or

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i you know i i don't know how is this a lengthy case

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uh 15 minutes maybe okay we have two letters of support the coordinating rco is opposed to it

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yes that's so so present your case uh tanya if this continues do we throw this into a

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presumption a resumption hearing so we could do a resumption hearing and i can schedule it for

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sometime in late June, but as far as the continuance for the full case, that will go

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at our typical scheduling, which is September. Okay, so we'll hear part of the testimony today.

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We'll work with the June date. That works. With which date? The resumption date in June

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with us presenting our principal case-in-chief right now. Okay, great. All right. You may proceed.

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All right. Sharing my screen. Did I get my packet up?

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It's up. Thank you very much. So I don't believe I swore myself in, but Joseph Consul, Consul Madison, LLP, 1 West 3rd Street, Suite 204, Media, Pennsylvania, 19063.

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here for meeting ID 2021-000137. This is 4306-08 Parkside Avenue. The developer is 801 North 40th

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