civus
Hearing video

ZBA Hearing - September 8, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 8, 20216h 24m

So let us know when they're ready.

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okay chair as you wish okay thank you carol i'll start it and then we'll i'll get it i'll let

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everyone know when i'm getting off okay that's great all right so good morning everyone my name

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is Frank DiCicco. I'll be chairing this morning's, excuse me, my name is Frank DiCicco. I'm the

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Chair of the Zoning Board of Adjustment. I'll be participating at today's hearing along with

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our Vice Chair, Ms. Carol Tenere, Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas

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Holloman and Mr. James Snell. Board Administrator, Ms. Fatina L., and Board Attorney, Ms. Sharon

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Soletta are also in attendance, as is the Zoning Board Administrator, Ms. Tanya Sunkit.

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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 of what you can expect. First, we will be administering oaths

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

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

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to be recorded and that the recording will be made available to the public on the web

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or otherwise. Third, for anyone participating by phone, if you wish to testify, you must raise your

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

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by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six

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to unmute yourself finally to enter an appearance statement call google 267-270-5548 and leave your

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email address and the address of the property at issue i'll repeat that as well to enter an

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appearance statement call google 267-270-5548 and leave your email address and the address of

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the property at issue and i'd also like to remind everyone please do not attempt to testify in the

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chat any comments questions or concerns should be directed to our board administrator ms fatina l

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all right with that i will read off the list of the add-ons for this morning

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number one on our list mi 2021-001569 760 south 18th street

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my vote is yes with proviso

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revised plan

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one page approved today

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my vote is yes with proviso

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consisting of one page

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approved today

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I reviewed the transcript

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and I watched the video

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I'm sorry

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thank you very kindly

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identify yourself

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identify myself

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that is I still am Carol

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Tenere. Thank you, Ms. Sunkett and Mr. Chair. Excuse me, Ms. Tenere. If we could,

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there's a mistake on the add-ons list. It should be two pages, the plans, please.

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And I'll read that back in. MI 2021-001569-760, pardon me, South 18th Street. My vote is yes.

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With proviso, a revised plan, two pages approved today.

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This is Carol Tenere. I reviewed the transcript and I watched the video. My vote is yes with revised plans consisting of two pages stamped today.

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Professor Plaza, I watched the video from August 25th, 2021 and the transcript and my vote is yes with provisos.

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James Snell, yes with proviso.

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Thomas Holloman, my vote is yes with proviso.

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Number two on our list, MI 2020, that's 002-607-1713-SEYBERT, S-E-Y-B-E-R-T, Street, my vote is no.

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My vote is no, and I am Carol Tenere.

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Professor Plaza, my vote is no.

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James Snell, my vote is no.

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Thomas Holloman, my vote is no.

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Thomas Holloman, my vote is no.

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Number three on our list, there are three cases.

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Number three on our list.

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MI 2021-001-531-537 Jackson Street.

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MI 2021-001-499-539 Jackson Street.

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And MI 2021-001-552-541 Jackson Street.

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my vote is no to all three. Carol Tenere, my vote is no to all three. Professor Plaza,

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my vote is no to all. James Snell, my vote is no to all. Thomas Holloman, my vote is no to all.

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You, number four on our list, MI 2020-000835, 621-25 Reed Street, my vote is no.

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Harold Tenere, my vote is no.

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Professor Plaza, my vote is no.

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James Snell, my vote is no.

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And Thomas Holliman, my vote is no.

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Chair, if you could just confirm on the record

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that you did review the video for the last hearing.

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I did review the video and the transcript for 621-25

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Reed Street, thank you.

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MI 20, number five on our list, MI 2021-001-720, 4223 Poulton Avenue, and MI 2021-001-612-4225 Poulton Avenue, my vote is no to rehearing and reconsideration.

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Harold Tenere, my vote is no to re-hearing and reconsideration.

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Professor Plaza, my vote is no to reconsideration and re-hearing.

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James Snell, my vote is no to reconsideration and re-hearing.

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Thomas Holloman, my vote is no to reconsideration and re-hearing.

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Thank you. I will now go read the list of requests for continuances or withdrawals.

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Number six on our 930 list, MI 2020-003-418-3108 West York Street is withdrawn.

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And number nine on our list, 930 list, MI 2021-001-785-4601 Old York Road.

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This case is continued at the request of the applicant in order to meet with the RCO.

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Now at this time, I will ask if anyone disagrees with those two items I read off,

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the withdrawal and the continuance, so please raise your hand.

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Only if you object to the two cases I just read into the record.

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I see no hands, Chair.

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Thank you. I will now ask if anyone would like to request a continuance or withdrawal for the 930 list, please raise your hand. If you would like a continuance or withdrawal for the 930 list, please raise your hand.

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Chair, we have Jermaine Harris. Please unmute yourself and wait for the chair.

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Good morning.

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Good morning.

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Good morning, Chair.

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Please spell your full name and I'll swear you in.

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Jermaine Harris, J-E-R-M-A-I-N-E, Harris, H-A-R-R-I-S.

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

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I do.

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Thank you, sir.

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Please proceed.

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Yes, I'm asking for a continuance.

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This is for the 930 calendar number MI2021-001752.

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two uh i'm requesting for a continuance so that way we can have appropriate architectural plans

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and uh photos for the property we need a little more time for that um this is the first listing

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and i would just be asking for a continuance on that basis okay thank you number 11 on our list

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semi 2021 that's 0017525136 wayne avenue is continued any other requests for continuances

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or withdrawals please raise your hand i see no other hands chair okay with that um i am

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going to be leaving this hearing momentarily uh our vice chair ms carol tennieri will be

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chairing the case for the rest of the list. Thank you all.

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Is everybody ready? Calendar number 1781-1523 West Indiana.

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1781-1523, West Indiana Avenue.

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Vice Chair, this is Tanya Sunkett.

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Would it be okay if I ask board member Mr. Holloman

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if you could turn your volume down a tibet?

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It's a little loud for us.

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Yes, I did.

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Thank you very kindly.

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And again, calendar number 1781-1523, West Indiana Avenue.

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The attorney is Vern Anastasio.

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Good morning, Madam Chair.

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Good morning.

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Can you put your name and address on the record, spell your last name, and then I'll swear you in?

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Of course. Verne Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Philadelphia, Suite 1006, Philadelphia PA 19107.

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

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I do.

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

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I do.

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Have you emailed the exhibit packet with the required documents, proof of ownership, tax compliance, refusal referral, photos and or plans of the property five days in advance of this hearing and have you met with the RCO and do you have a letter?

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Yes to all that.

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Thank you. You may proceed.

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Thank you. Please allow me to share my screen.

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1523 West Indiana Avenue. The proposal is for new construction

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for child care on the first floor at a two-family dwelling above.

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It's a corner property. The lot is approximately 896 square feet.

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we are staying well within the height limit of 22 feet seven inches

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first floor elevation is going to be a reception desk and a classroom

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utility a child care center a kitchenette there'll be no cooking on the premises

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ADA bathroom and another classroom in the rear.

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And then we've got...

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I also see that the Allegheny West Civic Association, which is the RCO, gave you a

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letter of support. That is accurate. We did meet with the RCO. It was very well attended. 137 pieces

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is a mail one out. And as a result, we have unanimous support. My client is in the daycare

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industry. She's got an impeccable reputation. She has a waiting list in that neighborhood,

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and she's looking forward to getting this started. So with that, for the sake of time,

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I'm going to ask my client to raise her hand so she can be recognized. Her name is Nancy Lynch.

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Nancy, are you there?

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Yes, Ms. Lynch, you can unmute yourself and please wait for the chair.

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Ms. Lynch?

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Yes.

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Ms. Lynch, can you put your name

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and address on the record, please?

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In the chat.

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Just speak it, Ms. Lynch.

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Oh, 2940 North Comanche Street, Philadelphia, PA, 19133.

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And please put your name on and spell your last name.

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Nancy Lynch, L-Y-N-C-H.

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

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Yes.

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Okay.

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Byrne, you may proceed.

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Thank you.

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Ms. Lynch, did you hear my presentation to the board this morning?

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Yes, I did.

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and was it true and accurate to the best of your knowledge yes and will you adopt it as your own

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testimony if necessary yes thank you i have nothing else but we're open for questions

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does the board have any questions no chair lady no no thanks tom

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does the board have any questions no chair lady no

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um planning commission

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uh good morning chair i believe uh charles richardson from the councilman office has his

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hands up. Okay, that's the one question I forgot to ask. Mr. Richardson?

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Good morning, Madam Chair. Good morning. Name and address, please, and then I'll swear you in.

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Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

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

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I do. Thank you. You may proceed.

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It's putting on the record that the Councilwoman has no opposition to granting this variance.

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Okay, great. Again, Planning Commission.

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Thank you, Madam Chair. Ian Hegarty with the Philadelphia City Planning Commission. H-E-G-A-R-T-Y.

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Okay.

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And I do swear and affirm to tell the truth.

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Well, you know what?

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Today is just not my day. I'm sorry.

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I'm glad you do swear and affirm to tell the whole truth and nothing but the truth.

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You may proceed.

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Thank you, Chair.

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Ladies and gentlemen, members of the board, Ian Hegarty with the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing single-family zoning for this property.

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This is an RSA 5 lot.

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This is a corner lot that's been vacant and cleared.

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We don't have any doubt that the operator would run a good operation here.

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However, we can't support this application because there's no claim of hardship that can be supported with unique physical circumstances or conditions of the property.

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And so we would recommend that the board deny the variance.

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Thank you. Is there anyone else in the virtual audience who would like to testify?

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Madam Chair, I would just like to put on the record that the property's history always had mixed use.

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first floor was consistently a commercial space with living quarters above, which is consistent

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with corner lots and many neighborhoods. Okay, thank you. Calendar number 1781-1523,

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West Indiana Avenue. My vote is yes. Professor Plaza, my vote is yes. James Snell, my vote is yes.

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Thomas Holloman, my vote is yes. Thank you. Thank you. Calendar number 1784-1810 East

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Moyamensing Avenue, Parcel F. The attorney is Rich DeMarco.

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Mr. DeMarco is coming back in as a panelist. Okay, thanks Fatina.

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Good morning. Can you hear me, Madam Chair?

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I can hear you and see you. Can you put your name and address on the record and spell your last name?

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Yes, I can. Richard DeMarco, D-E-M-A-R-C-O, address 2005 Market Street, 16th floor, Philadelphia VA, 191 Oath Ring.

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

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Yeah, I swear and affirm and stipulate to the review.

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you're doing the whole thing i'm doing the whole thing for you yeah do you agree to waive the

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reading of the refusal and stipulate to its accuracy yes wave and stip yep have you emailed

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the exhibit packet with proof of ownership tax compliance refusal referral photos and or plans

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of the property five days in advance of this hearing and have you met with the rco and do

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you have a letter yes to all the above we did meet with um penn sport civic and have a letter

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of non-opposition we showed that uh pensport civic sent a letter in of non-opposition

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