civus
Hearing video

ZBA Hearing - January 13, 2021

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

And that's why we've been on the block for the last, you know, 11, 12, 13 years now, I guess.

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Time flies by.

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So that's kind of what I would lean back on.

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And the affordability, you know, the councilwoman's office isn't opposing this project.

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But Haverford Avenue has always been a multifamily, an RM1 zoned corridor.

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There are other streets in Mantua where, yeah, the whole array of blocks have been rezoned to single-family use.

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Haverford Avenue is not one of those streets.

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Thank you. I just have one other question.

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Mr. Black, I believe in his testimony, and correct me if I'm wrong, stated that 3836 Haverford, this board approved six dwelling units in the past.

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No, 3936 Harford Avenue in February of 2018 approved seven units, and that's pretty much an identical layout that we're seeking for 3836.

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The only difference being 3836 has an alley, it doesn't stand the entire width of the lot, whereas 3936 does.

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Understood, thank you.

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And just to be clear, the only variance we're seeking for the 3900 block of Haverford Avenue is a use variance.

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The entire rest of the building is compliant with the code.

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So this is the least variance that we can ask for.

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Understood.

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As it relates to trash, do you have commercial?

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Yeah, so we do.

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So we contract with Gold Medal that picks up trash in our property at 601 North 39th Street, which is the corner of 39th and Haverford.

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and that's what we intend to do with these projects as well once they're

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occupied up until this point we've been utilized as a single-family house even

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Up until this point, they've been utilized as a single family house, even though the number of people that have lived in there are much more than the number of units that are going to be here.

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though the number of people

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So the trash that they had would always overflow onto the street and it would be a city pickup.

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In this case, it's private pickup three times a week.

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Thank you again.

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Okay.

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All right.

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I did ask the board.

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Anybody have any questions again?

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Yes.

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Yes, Mr. Chairman.

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i think i think that the developer should start filling out the form the required form by city

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planning for a low density housing bonus he doesn't have that so that form requires us to

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have a uh a 50-year deed restriction on the property and because of that deed restriction

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we cannot get funding for the for the properties or we have to pay sixty thousand dollars if we

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pay $60,000, we can't make the units affordable. Other developers get that form filled out?

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Well, they probably pay the $60,000 to buy it out, and they don't make the units affordable.

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I don't think you're correct.

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Planning Commission, I guess, would they be able to share some light on that?

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Yeah, can the Planning Commission weigh in on this?

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I de facto, again, City Planning Commission, I don't have those numbers in front of me.

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We'd have to get a report to the board.

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It's usually $30,000 per additional unit that we would see.

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So we can, in theory, bypass getting a variance by paying $60,000 to the city.

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But in turn, the city won't have the benefit of having affordable housing, which we've provided for over a decade to this community.

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And just to relay, the 32-unit building across the street, none of it is affordable.

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Those are $1,500 a month, one-bedroom apartments.

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Ours are $875 to $1075, and they go up in floors.

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So $875 first floor, $975 second floor, $1075 third floor.

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I don't think you're correct, but please, in the future, come with the form.

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Okay.

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are there any revised plans mr consul uh yes we have we have one set of revised plans that we need

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to submit the uh for 38 36 however for them for 38 36 however one page excuse me mr consul have

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you submitted the form and the plan to me no i only i got the forms a little while ago i'll

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submit both of those to you um okay it won't be able to be voted until you do that's that's fine

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but we'll do the others we can do the others correct yes um mr council can you get it to us

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by the end of the day i can yeah okay so maybe vote that one property at the 3 30 session

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yeah if you get that material to uh mitchelletta we'll do that the 3 30 session okay okay uh

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MI 2020-002-565-3920-Frankford Avenue MI 2020 Haverford What did I say?

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Frankfurt. Did I really? You really did. Let me start over again.

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20 MI 2020-002-565-3920 Haverford Avenue. MI 2020-002579-3930 Haverford Avenue.

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MI 2020-002564-3918 Haverford Avenue

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MI 2020-003143-3926 Haverford Avenue

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and MI 2020-002943-813 North 40th Street

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My vote is yes on all that I just read into the record

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okay my vote is yes on all cases

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oh let me add something on all of those um with the proviso commercial trash pickup on all

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cases that were just read into the record understood my vote is yes with proviso

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yes with proviso

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my vote is no

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Calendar number 2575, 4237-45 Walnut Street.

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Carol, did you get that text message from Sharon about Jen?

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Yeah.

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do you want me to hear that before this one uh yeah why don't we do that and uh is it okay

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Do you want me to hear that before this one?

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Yeah.

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though sharon and since it's on the 3 30 list i mean it's it's after 3 30 so okay i didn't know

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but if i had to do the uh okay we'll go forward with it all right mr just give us a minute

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mr jen has a 5 30 rco meeting so we want to get him out of here calendar number zero four four

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9, 2218 North

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Marshall Street.

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Mr. Jin?

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Mr. Jin, you can promote it to panelists.

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You can speak. Hi, can you

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put your name and address on the record, please, and

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spell your last name? Yes.

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Zen Jin, Z-H-E-N, J-I-N,

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1617 John F. Kennedy

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Boulevard, Suite 1838,

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Philadelphia, PA, 19103.

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And do you swear?

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Before you go any further, I just, I don't, I may

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have been muted i just want to let mr patterson know uh at the request of mr jen he has a 5 30

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rco meeting that's why we're taking his case out of order that's fine thank you i appreciate the

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

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also agree to waive and stip i do have you emailed the exhibit packet with proof of ownership tax

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compliance refusal referral photos plans of the property five days in advance of this hearing have

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met with the RCO and do you have a letter? Yes to all questions. Thank you, you may proceed. Thank

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you. I'm going to share with the board the information relating to this case. This is an

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application to use a property that is currently zoned CMX as a residential only. I have submitted

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the refusal, community letter, photos, plans, tax clearance, and related documentation ahead of time.

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For the board's reference, this is not the only property we've done in this area.

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I don't know if the board recall, we did a larger property where the city council office

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worked a commercial unit out with us.

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In return for that, these other smaller lots, when we requested for just residential to

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waive the commercial space, the council president's office is not objecting to that request.

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West. The APM RCO also realized that because the area is very vacant and no neighbors really came

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to give feedback, they took no position in particular on this as well. As you can see from

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the photograph here, this is Marshall Street and it is off on the corner of Germantown and it is

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not really an active corridor of any sort at this point. Residential properties being placed here

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makes sense as on 8th street and what is existing right now there are many development that's being

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put in mostly as commercial we are however going to see at least one commercial space somewhere

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on north 8th street but with a much bigger development but this one is a single row home

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sized lot in this case we're proposing to simply have the first floor unit also be a residential

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unit this would make it total of three units as the other two would be by right according to the

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code in the design it is going to be first floor being a rather large unit with the basement and

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then second floor and third floor each is a smaller unit none of these are going to be heavily set

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up to be heavily dense these are relatively simple units from a design standpoint we have

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again received no objection from the neighbors or the community and we would ask the board for

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favorable review of this application i would be happy to answer any questions from the board

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is there any questions

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I'm sorry can the board hear me

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yes I have no questions

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thank you my client is here it's Mr. Joseph Gitterman

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if the board would like him to affirm my testimony.

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I'm only able to hear the chairman.

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I don't know if he's trying to speak.

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Yes, how are you?

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You can unmute yourself and speak.

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Yes, how are you?

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Hi, Joseph, how are you?

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Please be chair.

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We can't hear you if you are speaking.

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I'm speaking.

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Yes, how are you?

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Not you, Joseph.

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of the chairman.

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I think he's going to go out and come back in.

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That's what it looks like.

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I'm back.

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i'm back can you hear me now yes all right please mr gitterman i believe you're already

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Can you hear me now?

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Yes.

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All right.

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Please, Mr. Gitteman, I believe.

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still under oath from earlier yes i did okay mr jen thank you mr gitterman you heard my testimony

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before the zoning board and my representations relating to the case can you verify that it's

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true and correct and adopt the testimony as your own yes i do thank you okay questions from the board

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did we lose the planning commission

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i believe we have um lost uh mr effecto he will be logging out and coming back in

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Okay.

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Oh, there's Ron.

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Excuse me, Ron.

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We can't hear you.

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Okay.

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Good afternoon.

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Nicole Ozdemir with the Planning Commission staff. My last name is O-Z-D-E-M-I-R.

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Chair.

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um you're chairman you're muted

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mr chair i'm sorry we can't hear you again

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can you hear me now yes yes i'm sorry i've been having problems okay nicole yes please identify

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yourself your record spell your name and i'll swear you in sure nicole ozdemir from the planning

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commission staff n-i-c-o-l-e last name is o-z-d-e-m-i-r thank you swear and affirm to tell

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the truth the whole truth nothing but the truth i do please proceed thank you uh while this property

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is indicated for commercial mixed use on the comprehensive plan giving the existing neighborhood

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context we have no objection to the granting of the variants. Thank you very much MI 2020-000449

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2218 North Marshall Street my vote is yes. My vote is yes.

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My vote is yes.

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okay

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is carol there

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yes my vote is yes i was muted no problem then you can call the next case thank you

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calendar number 2575 4237 45-45 walnut street

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Mr. Patterson?

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Yes, ma'am.

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Okay. Wow.

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Sir, can you please put your name and address on the record?

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Sure. Ronald Patterson, Claire Harrison Law Firm, 1835 Market Street, Philadelphia EPA 19103.

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

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I do.

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Do you also agree to waive and stip?

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I would waive. I can't agree to stipulate because there's a deficiency.

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okay have you emailed an exhibit packet with proof of ownership tax compliance refusal referral

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photos and plans five days of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter uh yes to all of the above okay you may proceed thank you

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you can see my screen i take it uh yes with the cars and the buildings yes yes so uh this is uh

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this regards a 4237 Walnut Street. It's near the corner of 43rd Street. This is a picture

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of the existing conditions. This is the building that's at issue. The property is located on a block

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The property is located on a block of Walnut Street that really is, here's a zoning map over here, it's a RM1 zoning district, but the fact is that that building, as you saw, was a commercial building.

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There's been commercial uses there since the building was built. The last use that just vacated was a medical health facility.

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It was Health Springs that was there since 2010.

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Before that, it was a Rite Aid that was there for many years.

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I'm going to put up the zoning plan now.

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Here's an indication of the property.

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Here's the building, sufficient ample parking in the rear.

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So the application, it's an R&1 residential district, as I mentioned.

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The application is two things.

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One is the use, which we're proposing, is Sherwin-Williams paint store.

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So the use is described as the retail sales of building supplies, equipment, paint, wallpaper, and related supplies.

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The use was not listed as a use refusal on the refusal,

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