civus
Hearing video

ZBA Hearing - September 8, 2021

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

and that's evidenced by the archives that are included in the submission packet beginning on

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pages 63. We did meet with the RCO on July 14th and again on August 18th. The submission packet

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does include a letter of non-opposition. As you mentioned, you have a copy before you.

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We also have a fully executed community benefits agreement, which shows support.

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In this case, the community was primarily concerned about medications being dispensed at the site and also parking.

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In response, my client did agree that no medications would be dispensed on this site, and that's included in the CBA.

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As for parking, we did speak with Temple Hospital, their parking lot is going to be under construction

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for the next six months, but upon completion of the construction, they will have a conversation

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with us about renting spaces. And with that, I would ask Carolina Pena to just go through the plans.

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i'm sorry what is the name again their hand isn't up carolina payna p-e-n-a

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miss payna you've been unmuted please unmute yourself

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can you hear me fatina she needs to be promoted to panelists

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my apologies i'll do so now no problem thank you kindly

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she's coming back in as a panelist

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okay can you hear me yes carolina can you put your name and address on the record and

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spell your last name and i'll swear you in okay carolina pena uh that spells p-e-n-a

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the address is 230 south broad street 17th floor philadelphia pa 19102

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

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proceed. Carolina, can you describe the plans? Sure. So we have our proposal is to consolidate

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three lots that are occupied by three buildings. Our proposal is to connect the three buildings

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and make one big medical office. Some of the buildings were used in the past as medical

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offices 121 in the past was used as four exam rooms and we are proposing to extend use to

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eight exam rooms. We will drop the first floor of all three buildings to the sidewalk level

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to avoid having ramps and steps like other buildings in the block have done.

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We are also going to preserve the features on the facades and the existing window openings

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on the second floor to keep within the character of the block.

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So the first floor will be all of the medical exam rooms and waiting rooms and bathrooms

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medical exam rooms and waiting rooms and bathrooms and stuff like that the second floor will be used

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Thank you.

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for staff um and medical offices private medical offices for the doctor

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and that's our proposal is the board of any questions no no

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No.

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Okay, Ms. Tancredi, you may continue.

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Okay, I mean, if there's no one else here, I would just give a brief closing.

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Even though this property is zoned for RM1, it's surrounded by non-residential uses such as the doctor's office, gas stations, a barber shop, a nonprofit, and government buildings,

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which creates a hardship to use this property for residential use.

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In addition, the history of the property shows that it's been used as a doctor's office.

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The number of exams rooms is less than the average number of rooms that it was used for in the past,

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which is evidenced by the archives, and therefore the variance is the least minimum to provide relief.

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The community benefits agreement does show evidence that there is no adverse impact to the community.

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thank you is there anyone in the virtual audience with questions or any witnesses

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madam chair we have richard oast please unmute yourself and please wait for madam chair

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i'm here sir can you put your name and address on the record and spell your last name

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Sure. Richard Ost, OST, 101 East Lehigh Avenue, Philadelphia, Pennsylvania, 19125.

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Also with me, I'm sharing the Zoom meeting with Dr. Enid Doria. Could you share your...

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Yes. My name is Enid Parada-Doria. I'm spelled P-O-R-R-A-T-A, capital D-O-R-I-A, and my address is at 103 East Lehigh Avenue, Philadelphia.

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You're going to have to speak louder. I don't know if the court reporter can get what you're saying.

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Yes, my name is Dr. Enid Orada-Doria, last name B-O-R-R-A-T-N, capital D-O-R-I-A.

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My address is 103 East Lehigh Avenue, Philadelphia, PA, 19125.

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

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I do.

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I do. Okay thank you. You may proceed. We attended both of the RCO virtual hearings

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and we had protested the project because of parking on the block. There are many people

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double park and triple park to get to those offices. We do respect the decision of the RCO.

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However, the owners of the building did agree to a proviso to be put at the zoning hearing that there

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would be no additional dental offices and there would be no additional drugs dispensed for

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outpatient use at that pharmacy. So while we disagree with the RCO's decision, we respect it,

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but we just want to make sure those provisors are properly added to the zoning variance.

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And what are the provisors you want added? The first one is that they would not have a dental

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office because there already are dental services on the block and the community did not want things

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duplicated. And the second one was that there would be no outpatient drugs dispensed from the

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medical offices. There already are two pharmacies on this block. And for those who are familiar,

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this block does have some drug issues and the neighborhood does have some pill mill issues.

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And I'm not saying that is what the client is going to be using it for. But however, we want

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to protect it that someone can open and start dispensing medication out of there where we have

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medication problem i've been in this block for 40 years and i've worked very hard to clean it up we

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face continual problems and we just want to make sure we don't have any more problems brought into

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the neighborhood i do respect what they're doing i do think it is well i object because of the

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parking i do think it is good for the neighborhood so i just ask that the proviso be added um this is

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Sharon. I'm not sure those provisos would be enforceable. Ms. Tancredi, do you have any

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comment on the provisos? I can tell you that my client agreed and it's part of the CBA that

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no medications will be dispensed. And that was an issue that was raised at the community meeting

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and we've addressed that and you can see that by the letter of non-opposition and the executed

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cba the reason why i'm asking for the provisos is when you go to that barbershop property next

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CBA? The reason why I'm asking for the provisos is when you go to

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they tried to open a pharmacy there also and we did have the zoning board put the proviso in

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um the variance to use that from it was um just i think single family housing to retail

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so i'm not an attorney but i just i'm following what has been done before previous zoning hearings

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and as i said that has been done at the barbershop miss tancrede i don't have the address of the

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barbershop in front of me but you might have it from your renderings. Right and Mr. Ost you have

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the pharmacy on the corner correct? That's correct. Okay so this is Tanya and yes I do concur with

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you. I believe that neighbors are already protected through the CBA. I mean I think so too.

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how do you go to a doctor's office? And what if the doctor gives you a script?

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Dispense the outpatient medication, not writing prescriptions.

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Some doctors give you medicine right there and you walk out with it. And

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I know what you're concerned about, but Sharon, can you weigh in on that?

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I just don't see LNI enforcing this proviso. I don't know how they would do that.

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but I think you were probably better protected by the CBA.

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Right, I agree.

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Does the CBA reference a dental office?

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Because I did not hear Ms. Tancredi say that, which they agreed to.

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It does not.

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Okay, I guess there is no harm in saying no dental office.

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I don't think one is proposed, so probably superfluous, but there is no harm in adding it.

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So that would be a proviso.

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And my client indicated at the community meeting that there would be no dispensing of medication or a dental office.

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And, you know, the RCO drafted the community benefits agreement.

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You know, it wasn't as though we drafted it, so they included what they thought was important.

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does anybody have any other questions

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no no i just think you know competition really isn't the reason to add a proviso

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are objecting to it no my client agreed to it at the community group

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meeting and it's part of the CBA and that probably is sufficient and again including

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it in the actual decision might give false assurances since I don't believe that I would

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enforce that okay planning commission this is Ron Bednar city planning all this property

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is currently indicated for residential on the city plan given the surrounding land use context

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we recommend that the request of variance be granted. Thank you. Calendar number 1909-119

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East Lehigh Avenue, Carroll Tenere, my vote is yes. Confessor Plaza, my vote is yes. James Snell,

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my vote is yes. Thomas Holloman, my vote is yes. Calendar number 1970, 1200 Jackson Street.

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Alan Nockamson is the attorney.

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Alan, are you here?

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We have Clementa coming in, Madam Chair.

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Okay.

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Good afternoon.

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Actually Clementa Amazan from my office is going to be handling this matter.

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Okay, great.

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Hi, Madam Vice Chair. Where are you? I'm right here. Can you see me? There you are.

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Name and address for the record, please, and spell your last name, and then I'll swear you in.

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Sounds good. Clementa, Amazon, C-L-E-M-E-N-T-A. Last name is A-M-A-Z-A-N. Address is 123 South

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cross street suite 1600 19109 you swear from the tell the whole truth and nothing but

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19109. Do you swear for them to tell the whole truth and nothing but the truth?

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

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Yes. And I have letters of support and I submitted my materials. Wait, did you already

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respond to agreeing to waive the reading of the refusal and stipulating to its accuracy?

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i did okay it's just me so the exhibit packet you have submitted that with proof of ownership

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tax compliance refusal referral photos and plans five days in advance of this hearing and you've

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met with the rco and you do have a letter yes and it's a letter of support okay we have a letter

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from the lower moya mensing civic association which is in support and a letter of non-opposition

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from Councilman Squilla. You may proceed. Thank you. Can everyone see my screen? Yes. Perfect.

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so again my name is lenta amazon i'll be presenting 1200 jackson street so this is a

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very straightforward project in that we are looking to have a hair salon on the lower level

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and we're maintaining residential use on the upper level we do have a letter of support from

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the community and then we also receive support from the property next door so i do i'm sorry

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miss amazon to interrupt this is tanya would it be possible for high could you enlarge that a

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little bit? Sure. Is that better? Yes, that's great. Thank you kindly. Of course. So here I

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have a pack of materials, which includes a deed to the property, certificate of tax clearance,

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notice of refusal, prior permit showing that there was a history of commercial use,

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my client's cosmetic license. This is going to be a family-owned business with a husband and wife,

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but the wife primarily running it. The application for appeal, maps of the area, photographs of the

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property, or proposed plans and drawings, as well as the letter of support from the

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Moor & Moor & Mensing Civic Association. So here we have the deed to the property,

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our certificate of tax clearance. So there was a balance that was paid on Friday, September 3rd.

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a notice of refusal the property is currently zoned a single family and we are looking to have

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a hair salon on the lower level and single family use my client plans on living in the property

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and just a permit showing the history of commercial use my client's cosmetic license

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was expires in 2023 the application for appeal our project information form maps of the area

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view of the front of the property view of the side of the property from south 12th street

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view from jackson street view to the left of the property from jackson street

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south 12th street to the right of the property south 12th street to the left of the property

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so we are corner lot and our posters that were posted at least 20 days prior to today's hearing

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and i'm just going to zoom out a bit so you guys can see the full drawings again we're just looking

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to have the hair salon on the lower level and maintaining that single family use on the upper

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level which my client plans on living in so as you can see here we will have an ada compliant

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bathroom as well and then a single family use on the second floor and a letter of support from

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the Memorial Convention Civic Association.

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We did have a meeting with them on Monday, May 24th at 6 p.m.

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We notified 152 properties in total.

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And here's our certificates of mailing,

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indicating that the notice was sent out on May 7th.

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The list of properties that were in fact notified.

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So with that, if I can have my client, Alfred,

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raise his hand virtually so that he may accept my testimony.

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alfred you can unmute yourself okay alfred can you put your name on the record and spell your

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spell your last name and i'll swear you in yeah my first name that's alfred the last name is t-e-n-e

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q-e-x-h-i-u can i hit you do you swear if i'm to tell the whole truth and nothing but the truth

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i do you may proceed thank you alfred did you hear my presentation today yes and was it true

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and correct yes and would you adopt it as your own testimony yes thank you well does the board

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have any questions no no vice chair is there anyone in the virtual audience

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no vice chair is there anyone in the virtual audience with questions

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experience.

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i see no hands madam chair thank you planning commission

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this is uh ron bednarcy planning well this property is currently indicated for residential

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use on the city plan given the documented use history recommend the question variance be granted

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calendar number strike that calendar number one nine seven zero twelve hundred jackson street

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my vote is yes professor plaza my vote is yes jane jane snell my vote is yes thomas holliman

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my vote is yes thank you thank you calendar number two one six six one two three seven

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NORTH 60th STREET. THE ATTORNEY IS ALLEN OCCAMSEN GOOD AFTERNOON, MADAM CHAIR GOOD AFTERNOON.

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You've already been sworn in.

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There's a letter of support here from HMC Squared Community Association.

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So can you put your name and address on the record?

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Spell your last name and I'll swear you and I won't swear you in.

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Yes.

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Alan Ockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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

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I do. Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos and 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, in all respects, and as Madam Chair stated, we do have a letter of support from the court in the RCO.

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We do. And they've requested, well, no, the owner must provide fire letters to the second

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and third floor units. So, okay, you can proceed.

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Okay. May I share my screen?

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Sure.

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All right, so you'll see in our packet of materials for this matter,

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is this large enough, by the way?

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Can you make it larger, please?

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Okay.

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IS THAT GOOD?

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BETTER.

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ALL RIGHT.

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GREAT.

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YOU'LL SEE THE DEED TO THE PROPERTY, CERTIFICATE OF TAX CLARANCE, NOTICE OF REFUSAL, APPLICATION

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FOR APPEAL, MAPS OF THE AREA, ZONI MAP AND GOOGLE MAPS, PHOTOGRAPHS OF THE PROPERTY IN

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THE SURROUNDING AREA, PLANS AND DRAWINGS, AND THE LETTER OF SUPPORT FROM HMC SQUARE

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