civus
Hearing video

ZBA Hearing - February 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 1, 20235h 16m

also took input from the Planning Commission in revising the proposal before the board.

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Here's a conceptual rendering of what I'll discuss with you.

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The project has been revised to nine units with three on-site accessory parking spaces

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accessed off of Utah Street.

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Parking of course is not required and providing parking actually creates a refusal.

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Here is the updated notice of refusal.

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Number one, RSA 5 single family does not permit the proposed multi-family use.

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Additionally, due to Ryan's responsiveness,

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Additionally, due to Ryan's responsiveness to the community in providing off-street parking, an additional refusal was generated.

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The site does not have access to a rear street or alley. It backs up to the fire station and the commercial.

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Therefore, this generates an additional refusal for the front parking, de minimis in nature, due to the unusual location, again, on the short loop street.

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I'd also like to set forth for the board that the floor area of the proposed dwelling units is comparable to the floor area of the existing single-family homes on Utah Street.

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uh alternatively in an rm1 context as would often be seen in site straddling commercial at the rear

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and a transition to single family 11 residential units uh would be permitted on a site of this

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size if zoned that rm1 transitional once again mr chairman and members of the board

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Ryan is proposing nine units and parking for three cars at the site.

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The revised site plan is submitted to the board is up in front of you, showing nine units in this three-story property, three off-street parking spaces, six indoor Class 1A bicycle spaces.

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The elevations reflect the three-story nature that I mentioned.

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The proposed plans honor the surrounding scale of the neighborhood.

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The overall height of what you see before you is proposed at 30 feet 9 inches, well within the RSA 5 scale.

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No roof decks are proposed at this site respecting neighboring homes and the nature of the community.

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You also see cast stone and brick, brick cornice, cast stone lintel, speaking to the high quality of materials proposed.

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Moving to the floor plans. At the first floor off of that bend on Utah Street is a pedestrian-scale

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entrance, as you saw in the conceptual rendering. Three parking spaces, including handicapped

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accessible, indoor trash storage, indoor bicycle, Class 1A bicycles, handicapped accessibility on

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the first floor fitness facility and in the purple color here is one unit on the first floor

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at the second and third floors we have a typical for you uh are four apartments per floor the total

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number of apartments as presented in the unit matrix materials submitted to ms emerson and the

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board uh call for four one bedroom one bath units five two bedroom two bath units again meeting the

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size of other homes along the street. This is built by the proposal that comes to you from

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a member of the police force, and he's really gearing this towards workforce,

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which is appreciated by the community. The 12th Ward Democratic Committee has recognized the

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reduction in unit count, the addition of off-street parking, indoor trash storage, the placement of

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bicycle parking indoors for security purposes for their request, lighting and security, and in

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addition to that, a commitment to supply information and education to tenants regarding

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the mass transit options that are a vital part of the Germantown community.

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There are additional expressions of near-neighbor support as submitted to the board and in the package shared with you.

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Mr. Chairman and members of the board, the authorization of variance relief will not alter the character of the neighborhood or district or be detrimental to the public welfare.

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The proposal fits into the surrounding neighborhood as evidenced by the collaborative process that led to the refined proposal before you with the direct involvement of the organized community.

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The proposed variance would represent the minimum variance that will afford relief and will represent the least modification possible of the regulations at issue.

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We spoke about the limited street frontage. We spoke about the square footage of the proposed

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units and how they relate to the neighboring homes. The grant of variance relief will not

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substantially increase congestion in the public streets, increase the danger of fire or otherwise

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endanger the public health safety or general welfare. Based on the recent history of this

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property redevelopment at this location uh will be transformative and for the better

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this will not inversely affect transportation or unduly burden water sewer school park or other

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This will not adversely affect transportation or unduly burdened water, sewer, school, park, or other public facilities.

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There are no environmental issues.

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Ryan is available to raise his virtual hand.

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We have the architect available, and the full team is pleased to answer any questions the board may have.

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Why don't we adopt your testimony with the owner?

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Thank you.

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Ryan Tieford, would you kindly raise your virtual hand to be sworn in?

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I'm about to speak.

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Could you state your name and spell it, please, for the court reporter?

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Good afternoon, everyone.

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My name is Ryan Tieford, R-Y-A-N-T-E-A-F-O-R-D.

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

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Yes, sir, I do.

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Proceed, counsel.

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Thank you. Lieutenant Tieford, have you been here for the pendency, the entire pendency of the presentation in this matter?

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Yes, I have.

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Were you able to clearly hear the statements that I made on the record?

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Yes, I was.

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And would you adopt and affirm them as your own?

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Yes, I do.

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Thank you, sir.

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Questions from the board?

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No, Mr. Chairman.

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Thomas?

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Thomas?

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Questions or comments from the virtual audience?

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Chair, we have Ms. Cheryl Smith with her hand raised.

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I have allowed her to speak at this time.

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hi miss smith could you state your name please and spell for the court reporter

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cheryl smith c-h-e-r-y-l smith smith do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do are you a neighbor no i'm um 12th word rco okay good thank you

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Okay. I just wanted to weigh in on Mr. Laver's comments that Mr. Teeford, he worked with the community. He knocked on doors. He incorporated the neighbors in cleaning up the property and keeping the property clean.

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He offered them his phone number. He worked very hard to bring this project to a neighborhood that, for my purposes, needs something there that was vacant.

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And even after he cleaned it up a few times, people kept dumping on it. He had it cleaned up again.

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And he was very, very available to myself and to the neighbors and the neighbors that attended.

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And his meetings were his meetings were in person.

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We actually met on the property during COVID and because it was such a spread out area, we were able to basically see everything that he was trying to do.

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and he made all those concessions that the neighbors were looking for.

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So I, you know, I think that the neighbors thought that it was a good idea

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because at this point it's just been a terrible sight for them.

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Ms. Smith, thank you very much for calling in.

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We appreciate it.

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Thank you.

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Is there anyone else in the virtual audience?

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No further hands, Mr.

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Planning Commission.

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Good afternoon, Chair Bergman, David Fecto,

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City Planning Commission, Mr. Chairman and members of the board, the comprehensive plan recommends

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no change to the single-family zoning at this location. The property is configured with relatively

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little street frontage for its size, which presents a physical hardship. Given the lot area of roughly

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5,000 square feet, we believe a more appropriate variance would be for four dwelling units.

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Accordingly, the City Planning Commission recommends that the board grant the variances

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with the condition that no more than four dwelling units be permitted.

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Mr. Laver, do you want to respond?

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Yes.

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Whether you look at the property itself under the RSA 5 zoning district with 5,208 square feet or RM1,

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And the proposed nature, Mr. Chairman, of these units, ranging from 642 square feet up from there, all within the same amount, 700, 800, et cetera, really is in keeping with the scope and scale of the immediate surrounding area.

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And for that reason, and with the investment of the near neighbors, we believe that this is a very.

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And with the investment of the near neighbors, we believe that this is a very reasonable proposal that meets the zoning code.

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Thank you. Mr. Holloman, are you on?

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Mr. Holloman?

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So, Mr. Laver, I think I'm going to have to hold the vote until next week.

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um i only have one other board member that's on do we have our alternate still

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is was he listening in i believe he's still on the line okay here we would be grateful as

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possible mr chairman but i defer to you okay is our alternate one yes he is chair the baron here

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chairman okay so just so you know lebron leonard palmer is an alternate that we're using from the

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planning commission so mi 2021 004 829 5604 to 06 utah street i vote yes with proviso interior trash

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storage, and per mended refusal, dated 10-8-22.

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Ishmael Shaheed, my vote is yes with proviso.

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LeBaron Leonard Palmer, vote is yes with proviso.

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Thank you, Mr. Laver.

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You have your three votes.

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Thank you, Mr. Chairman, members of the board.

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Have a good afternoon.

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Is there anyone in the virtual audience from the 2 p.m. group that was not called?

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Okay, so we're going to take a five-minute break.

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You want to come back and we're going to go through the 3.30 list, okay?

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Okay, Jeff.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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You

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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How are we doing?

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Mr. Thomas, are you back?

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Yes, I'm back.

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Thomas, good.

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Court reporter, are you available? Yes, ma'am. I'm here.

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port reporter are you available yes ma'am

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Okay, Chair, and we are already recording, so we can start our 3.30.

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Start recording.

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Yeah, we are already recording, Chair. You can start. Thank you.

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Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's meeting.

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With me is our Vice Chair, Ismail Shahid. He's here. He's here. Our Board Member, Thomas Holliman. Thank you. Our Board Member, Thomas Holliman.

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Present, Mr. Chair.

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And also working with us today is LeBaron Leonard Palmer from Development Services.

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Also present is our board attorney, Hillary Emerson, and Lakeisha Dandy, our ZBA hearing

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supervisor. Before we begin, here's our virtual format. Be advised to proceed as you're being

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recorded. By participating, you acknowledge your agreement to be recorded. The video is available

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by contacting TanyaSunkett at phil.gov. For the benefit of our court stenographer,

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we ask attorneys and witnesses to identify themselves before testifying. If you're

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participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to

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unmute. To enter an appearance statement, call 267-270-5548. Leave your email and the address

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of the property in question. And finally, the question answer box on the screen is now for

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comments or testimony. Any comments should be directed to our Executive Director, Tanya Sumkin.

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Here's our continuances for this afternoon. Number two, MI 2022-005-152-1324 North 15th Street,

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that case is continued. Number six, MI 2022-005-194-6106 Oxford Avenue, that case is continued,

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attorney moving party. Is there any questions relative to those two cases in the virtual

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audience good evening mr chair this is jason hand i do not see any hands raised at this time

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okay thank you um we also is there any other requests for continuances

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once again answer no hands okay so case number one mi 2022

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222-005-148-8501 Tarsdale Avenue. That case is withdrawn. And I still have a case that's

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no exhibits. MI number three, MI 2022-005-175-400-Gilham.

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first listing we don't do not have any exhibits

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john fang is one of the attorneys

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no and a person question does not appear to be in the virtual audience this evening sir

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There's no questions? No hands? No, sir. Okay. So number three, MI 2022, 005175, 400 Gilham Street. That case is continued. It was the first listing.

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We're going to go to the list now. Number four, MI-2022-005-172-180 Green Lane. William O'Brien is the attorney. Recommendation support from the Maniunk Neighborhood Council. And also, applicant has two letters of support from near neighbors.

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Mr. O'Brien.

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Good afternoon, Mr. Chairman.

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Mr. O'Brien, could you state your name, please, and spell for the court reporter?

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William O'Brien, O-B-R-I-E-N, on behalf of Joseph Gijunis, G-I-D-J-U-N-I-S.

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Right.

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

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

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I do.

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I do. Our Vice Chair has just a few questions for you, sir.

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Good afternoon, Counselor. 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 in all of the required documents five days in advance?

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Yes, I do.

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Can you proceed with this hearing?

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Yes.

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Thank you. Please proceed and share your screen.

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Thank you.

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my screen is being shared can you see it it's up it's up yeah great so the refusal is on the

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screen now this is for 180 green lane it's uh uh right in the heart of maniunk uh on the steep

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one of the steepest hills in Philadelphia. It's a corner property. It is currently zoned as a

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two-family dwelling. Several years ago, in 2014, the owner began operating his photography business

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out of his home. He believed that that was permitted. He received a violation notice and

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filed an application to legalize his home-based business, and that is why we're here today.

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152 notices were sent to near neighbors about the RCO meeting and this hearing.

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Mr. DeJunas also informed his immediate neighbors of this hearing and the request he was making.

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The RCO meeting was held at the next page, page three, shows its unanimous support for the grant of the variance.

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