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Hearing video

ZBA Hearing - January 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 13, 20215h 27m

Good morning everyone. My name is Frank DiCicco. I'm the chair of the Zoni Board of Adjustment.

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I'll be participating in today's hearing along with our Vice Chair Ms. Carol Tenere,

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Board Secretary Confessor Plaza, and Board Members Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator Lakeisha Dandy and Board Attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics what you can expect. First we will be administering oaths to

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individual participants prior to their testimony. Second we'd like to advise everyone that this

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proceeding is being recorded and that by participating you acknowledge your agreement

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to be recorded. Third for anyone participating by phone if you wish to testify you must raise

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your hand by hitting star nine and then star six to unmute yourself. I'll repeat, for anyone

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participating by phone, if you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. Finally, to enter an appearance statement, call Google

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267-270-5548 and leave your email address and the address of the property at issue.

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I will repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email

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address and the address of the property at issue. I would also like to advise everyone,

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please do not attempt to testify in the chat. Any comments should be directed to the board

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administrator. In this case, it's Ms. LaKeisha Dandy. Before I begin, just give me a second to

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get my notes together here. All right. With that being said, the following cases have been a

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request for continuance number seven I believe is the first one on our list

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uh two two one seven west tayoga

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uh number eight on our list two three two six north park attorney moving party

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number nine on our list two four oh eight north 31st street number 10 on our list

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2646 North 17th Street

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number 11 on our list

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2709 West Allegheny Avenue

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number 1

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I assume that's apartment number 1 or whatever

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3400 North 19th Street

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4036 Spring Garden

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and i believe that is all the requests for continuance that we have as of now does anyone

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object to any of those to the request for continuances i just read into the record

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if so please raise your hand

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chair we have a jason learner with his hand up mr learner you can speak after you unmute yourself

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good morning i'm sorry i just raised my hand for that uh the swearing in thing i didn't know

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i have to lower it okay sorry individually thank you

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anyone object to any of the cases that we've put into the record as being continued please

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raise your hand there are no hands up at this time chair thank you at this time i'd like to

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ask if anyone is requesting a continuance or withdrawal please raise your hand at this time

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there are no hands up at this time chair thank you we'll first go through our add-on list

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case number 2020 that's 001127 1614 latona street my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes thank you uh originally i don't know

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if mr knockinson is on originally we said we would vote on 12 22 annon street uh we're going

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We're going to do that at 2 o'clock.

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to do that at two o'clock we're still reviewing some of the materials that

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We're still reviewing some of the materials that were submitted.

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So calendar number 2020-002499.

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1222 Annan Street.

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The board will make a decision at the 2 o'clock, beginning of the 2 o'clock hearing this afternoon.

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Sharon, there's a request for reconsideration.

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we hear is that for today or

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um that you're going to consider at two o'clock

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all right i think with that again any hands up for requests for continuance or withdrawals

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there's no hands up at this time chair thank you with that we can proceed okay calendar number

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Number 0830, 1344 North 5th Street.

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I have a Steve Masters with his hand up.

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He's been promoted to panelists.

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Mr. Masters, you can unmute yourself and begin speaking.

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mr masters can you put your name and address on the record and spell your last name please

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sure good morning mr chair members of the board my name is steve masters m-a-s-t-e-r-s

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my law firm is just laws i represent the applicant in this case do you swear or affirm

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to tell the whole truth and nothing but the truth i do do you also agree to wave and step

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uh not in this case um madam vice chair because we have a revised uh refusal that i want to make

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sure it's the correct one in the record uh for this appeal it is okay okay so this is the december

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17 2020 revised uh uh refusal with two variances yes it's the one that you submitted with your

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exhibit packet including the revised plans that went with it okay then i waive the reading okay

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so you have emailed the exhibit packet with all the required documents including proof of ownership

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tax compliance refusal or referral photos and or plans of the property five days before this

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hearing and you've also met with the rco and have a letter yes that all is correct okay you may begin

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Thank you, let me try to share my screen.

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Members of the board, we're here on 1344 North 5th Street.

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This is a vacant lot on a corner that is zoned for CMX1.

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uh the the commercial use was really not compatible uh for the surrounding neighborhood

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and so we uh proposed um a residential use um initially uh we were proposing four uh dwelling

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units in a in a new construction uh but after meeting with the community we made a number of

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different uh changes to the design and we'll walk through those but now our proposal is for

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three dwelling units at this corner property. So the refusal is two. One of them is

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use refusal because multifamily is not allowed when the surrounding residential zoning is an RSA5.

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And we now have a dimensional refusal because the community asked us to set the house back from the front street and that impinged two feet into the rear yard.

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So we have a seven foot rear yard setback as opposed to the nine foot that's required by the code.

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when we met with the community several times we had good meetings and we

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which resulted in a unanimous vote of support by nine attendees at the community meeting

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and their letter you know reflects the concerns that they had and how

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we have addressed all of their concerns we went down from four to three dwelling units

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we addressed the concern about living space in the basement, we changed the setback to

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uh address the concern about living space in the basement we changed the setback to

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harmonize with the setbacks of the houses in the surrounding lots

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uh let's do the drawings here so um

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is this a good size for for members of the board to to take a look at

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yes yes yes it is all right good um so uh

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that's a these are two different views um of the um of the the elevation of the of the drawings we

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also um i believe have our architect uh available to answer questions if that's uh uh necessary this

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So these are the revised plans that we submitted to LNI in the last few months.

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So we originally had our setback up to the curb and we've moved it back.

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So now we have a dimensional variance of two feet in this open area.

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our changes that we made as i said was the front setback we increased it we decreased the dwelling

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units we reduced the rear setback we slightly increased the building height but it's still

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inside the the limits of the code we added landscaping we made sure that every unit

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had access to outside access through various extra doors.

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We located the find where the utility trench was going to be and just added some more landscaping.

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Photos. So these are our photos for the zoning poster for today's hearing.

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with the refusal

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Masters if you can summarize

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that would be helpful

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sure

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so

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I would

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I would

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submit that they that this use is the best use for this lot. It's the one that the community

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felt completely in support of. And we are asking the board to approve the use variants

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and the dimensional variants in this case.

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Do you have a client?

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Yes, it's Mr. Mello. Can he raise his hand?

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Mr. Mello you've been you can speak now after you unmute yourself okay good morning Mr. Mello

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please identify yourself with a record spell your name uh Stephen Mello M-E-L-L-O thank you

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Mr. Mello, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Thank you.

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Mr. Masters?

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Good morning, Mr. Mello.

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You've heard my testimony this morning.

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Do you agree with it, and do you adopt it as your own?

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Yes.

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With that, Mr. Chair and members of the board, we rest.

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Thank you.

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Any questions from the board?

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No.

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No.

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No.

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Would anyone else like to testify in this case?

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If so, please raise your hand.

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There are no hands up at this time, Chair.

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Thank you. Planning Commission?

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Good morning, Mr. Chairman.

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Ian Hegarty, Philadelphia City Planning Commission.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you. Please proceed.

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mr chair members of the board this property is indicated for commercial mixed use in the

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comprehensive plan the proposed variance is consistent with the recommendation in the lower

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north district plan to encourage housing near parks and recreation facilities so accordingly

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the planning commission has no objection to the granting of this variance thank you very much

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MI 2020-0008301344 North 5th Street, my vote is yes.

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1344 North 5th Street my vote is yes my vote is yes before I go is there a revised plan

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um it is not um Mr. Chair because we went we wrote it to L&I and okay we just want to make

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sure yeah thank you Steve thank you sure my vote is yes my vote is yes thank you Carol before you

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begin i i failed to mention earlier when i did the continuance list leticia were any of the cases

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that i called in to be continued have they already been continued prior to today

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here this is sharon saleta i didn't um indicate it for those cases because in many of them it was

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also by agreement with the rco that they were okay all right very good thank you uh thank you

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uh members of the board um maybe be excused at this point you may have a good day thank you

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Thank you, bye-bye.

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Calendar number 0373-15018, Teresa Drive.

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Anyone here for 15018, Teresa Drive?

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please raise your hand. This is Sharon Saleta. This is also a case for which I have no exhibits

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and that was previously listed on October 7th. Okay. MI 2020-000373

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15018

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Teresa Drive

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My vote is to dismiss

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My vote is to dismiss

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Dismiss

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Dismiss

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Thank you

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Count your number 0

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2037

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1913 West Lehigh Avenue

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We have a Jeffrey Young who I'm promoting to panelists.

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Thank you.

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Mr. Young, you can unmute yourself and speak.

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Mr. Young.

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mr young

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mr mr young i'm sorry yes i was muted uh good morning members of the board uh jeffrey young

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can you put your name and address on the record and spell your last name please

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yes jeffrey young y-o-u-n-g 3900 fort road suite b philadelphia pa 19131 i am the attorney for

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the property owner. Thank you. Do you swear or affirm to tell the whole truth and nothing but

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the truth? Yes. You also agree to wave and stip? Yes. And have you emailed an exhibit packet with

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the required documents, including proof of ownership, tax compliance, a copy of the refusal

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or referral, photos and or plans of the property five days in advance of this hearing? And have

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you met with the RCO and do you have a letter? Yes. So we emailed the exhibit packet. Our packet

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that was emailed did not contain a tax clearance. We were not able to obtain one prior to sending

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the documents, but we do have a tax clearance now that I can show and will send to the board

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after the hearing is over. We have met with the RCO, and we do have a letter of support from the

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RCO. Okay, you may proceed. Thank you. Sure.

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Good morning, Mr. Board, again, Jeffrey Young here for the representative applicant, DRS

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and King Richard Enterprises, LLC, the owner of the property located at 1913 on Wesley

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High Avenue.

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Here is a copy of our deed to show proof of ownership.

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here's a tax clearance i briefly uh mentioned uh we were able to get that tax clearance as

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you see it was issued uh today

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here is the a copy of the refusal um so we were refused uh for having a proposed use of a child

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here is the

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care center um on the first floor of the property located at 1913 west lehigh avenue um the current

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zoning is rsa5 um so we were refused for that use for not being a residential use um on on the

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property. And as you can see here, this is a zoning map of the property. You'll see most of the

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properties are this yellow class, which is RSA 5. However, when I get to the pictures, you'll see

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that this property does not fit the typical RSA 5 characteristics for properties in this

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particular neighborhood. Here are plans for the property. I'll zoom in.

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So folks can see a little easier. Essentially, we are proposing to use the basement and first floor as a child care center. And the second floor has two previously approved uses for apartments. So we will just be reconverting the second floor to that apartment use.

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uh here so there will be two studios apartments essentially about 500 square feet apiece

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here this is a map of the property we'll see we're located on the uh northwest corner of

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garnett and sedgley and also across the street is uh lehigh avenue which is a major uh thorough

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