civus
Hearing video

ZBA Hearing - February 1, 2023

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

as a three-family dwelling. Each floor has one apartment. As you can see, the three electric

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meters, each story is one apartment each. Here are the plans that were drawn by my clients.

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to show the two-bedroom apartment, a back gate with a backyard for trash storage,

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the second floor with all the rooms and their dimensions,

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and the top third floor, which is a one-bedroom apartment.

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We do have some photos of each floor.

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I'd be happy to take a look at them.

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I am entering photos of each floor into evidence.

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We did meet, in fact, with here's a proof of posting of the notice. I also have attached the deed. Here's the letter that went out to the folks of the Bella Vista area. 109 individual households. This flyer from Bella Vista also was distributed.

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This flyer from Bella Vista also was distributed, and it was rather well attended with three sheets of folks coming in and weighing in and offered unanimous either non-opposition or support.

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it was completely unanimous and as a result they sent over a letter of non-opposition

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which is right here and i do believe uh last night i forwarded but i do believe their office

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did so independently as well a letter from council member mark squilla also supporting

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this appeal uh given the history of the property because the property has a long history as a

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multi-mixed use, cost is adjacent to other multifamily properties on both sides, not only

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on the South 9th Street side, but if you cross League Street, a brand new building is going up

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with more than 14 apartments right across the street. It sits on a corner and it's on along

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South 10th. And in this particular neighborhood, the number of streets are where multifamily dwellings

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are encouraged and preferred and because we have the support of both the rco and the council

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member's office we respectfully request granting of this variance and with that i'd like to ask

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michelle ortiz to raise her virtual hand mr ortiz please raise your hand they've been allowed to

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speak sir hello please state your name spell it for the record uh michelle angela ortiz that's

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m-i-c-h-e-l-l-e-a-n-g-e-l-a ortiz o-r-t-i-z and i'm sorry and on the record it's my mother and

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my father who are the owners of the property who are here with me and i am helping them with

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translations and Vern is representing um us and my mother is here with me her name is I'm sorry

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can she get sworn in yes can we can we get your your mother on the record to spell her name her

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name is um Epifania E-P-I can we get can we get her to spell that please sure E-P-I-F-A-N-I-A

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Ortiz

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Thank you

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Council

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Ms. Ortiz did you hear my presentation to the board today

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Yes

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We still need to get sworn in I'm sorry

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Epifania needs to get sworn in

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Yes that's correct

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Yes

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Ms. Epifania do you

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Swear to tell the truth and nothing but the truth

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Yes

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Thank you

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Epifania did you hear my presentation before the board today

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Yes

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

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testimony yes thank you I have nothing further questions from the board no Mr. Chairman

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questions from the audience

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I do not see any further answer planning commission thank you board member Ian Hegarty

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for the Philadelphia City Planning Commission board.

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In 2015, the zoning map was amended in this area

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in accordance with recommendations from the comprehensive plan.

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This proposed use is consistent with the prior documented use

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and with the physical configuration of the building.

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As we've seen in the testimony,

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City Planning Commission recommends that the board grant the variance.

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Thank you.

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MI-2022-5084, 1029 South 10th Street.

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My vote is yes.

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Thomas Holloman, my vote is yes.

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Levera and Linda Palmer, my vote is yes.

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And Mr. Thomas, can you vote again?

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We didn't hear you.

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Thomas Holloman, my vote is yes.

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Thank you.

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Thank you.

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MI-2022-002759-4343 North 9th Street, Alaza Lazaz.

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I'm back.

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Mr. Chair we're about we're just starting number five yep number five yep I'm good

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okay that person has been promoted to panelist all

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do we see a hand

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Do we see a hand?

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The hand was raised.

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They've already been promoted to panelists, sir.

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Hello.

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Hi.

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This application is for visitor accommodations at the second floor in the same building with single-family household living on the first floor.

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The proposed use visitor accommodation is prohibited in the RM1 zoning district.

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Have you been sworn in, sir?

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No, not that I know.

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

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Yes.

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Our vice chair has a few questions.

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Sure.

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Sir, can you just state and spell your name for the record, please?

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My name is Alonzo Lyons, spelled A-L-O-N-Z-O, last name L-Y-A-S.

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Yes.

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Good morning, sir.

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Have you, have you emailed all the exhibits that were required in this case five days

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in advance of this hearing?

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Yes.

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Okay.

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Thank you.

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Please proceed and share your screen.

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Sure.

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Hold on one second.

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Let me share my screen button at the bottom.

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Oh, I know where it said I was trying to exit out of my PowerPoint.

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Can you see it now? Yes.

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Okay. I purchased this home April 16th, 2021 as a multifamily property. And I live in a property

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is split up between two different units who have two separate entrances. One is a fully,

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fully furnished rental property on the first and second floor. And the bottom unit is a fully

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furnished basement where I reside at. And my plan was to either rent the home out for long-term

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rental or use short-term rental, which I'm required to have a limited lodging license

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for Airbnb and or Vrbo. And this is my property. This is the front of the property where the

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entrance for a short-term rental would be, which is completely separate from where I would reside

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at. This is the street view, North 9th Street, connecting with West Cayuga Street, which is like

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two blocks away from Roosevelt Boulevard. These are the floor plans that I've drawn up.

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This is for the short-term rental. These are the specs of the property, the year it was built,

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gas, two open parking spaces in the back, which I'll provide for renters.

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These are the other specs of the property.

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This is the inside of the home, which would be used for the short-term rental.

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Okay.

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This is the zoner notice that I was said to have needed to post. Hold on, let me go back.

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and that's the back area that will be allowed for parking so it doesn't disrupt anything that

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goes on my block and that would be the end of the slideshow itself

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yes i did on october 18 2022 and do you have a copy of that letter

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yes hold on one second I provided it um but I can pull it up on the screen as well

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do you remember what the vote was the letter of non-opposition okay okay

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Mr. Chair this is Hillary I can confirm that we received the letter of non-opposition from Esperanza

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thank you questions from the board no Mr. Chairman

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no mr chairman questions or comments from the virtual audience

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planning commission yes chair we have no folks okay i'm allowed to speak yes mr folks state

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your name please and spell for the court reporter good morning cba board chairman bergman sloan

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folks. S-L-O-A-N-E-F-S-N-F-I-R-O-L-K-S, Office of Council Member Ketzi M. Lozada, 7th District.

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

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I do so, sir. Thank you. Proceed.

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The applicant, having met with the coordinating RCO Esperanza and receiving a letter of non-opposition, the council member does not oppose this various request.

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The applicant having met with the coordinating RCO Esperanza and receiving

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Thank you.

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Thank you very much.

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Anyone else in the virtual audience?

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Yes, Chair.

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We have a hand raised from a number ending in 3550.

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I will allow them to speak with permission.

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Okay.

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

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sir or madam if you're still there please unmute

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then is raised but they're not unmuting okay thank you you have to press star six or star nine

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star six to unmute yourself hey uh can you hear me i could you could you state your name please

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and spell for the court reporter yes my legal name is aaron silverman a-a-r-o-n silver man

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as it sounds do you swear or affirm to tell the truth the whole truth and nothing but the truth

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I do.

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You have input for this case?

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Yes.

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I mean, just as a listener and as, you know, I heard everything he said and the fact that he would be residing in the basement, has parking spots available in the back, would monitor any short-term rental or even long-term rental.

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i'm a professional real estate agent so from my perspective professionally and as a neighbor in

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the area i see absolutely no problem with what was proposed thank you thank you thank you for

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calling in is there anyone else in the virtual audience i do not see any further hand hi planning

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commission thank you chair bergman ian hegarty for the city planning commission board members

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THE COMPREHENSIVE PLAN RECOMMENDS NO CHANGE TO THE RESIDENTIAL SINGLE FAMILY ZONING AT THIS LOCATION.

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FOR USE VARIANCE, WE'RE LOOKING FOR HARDSHIP. WE FEEL THE APPLICANT HAS FAILED TO MEET THE

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CRITERIA FOR HARDSHIP BY SHOWING THAT THE UNIT CANNOT BE USED WITHOUT A VARIANCE FOR VISITOR

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ACCOMMODATION. IT IS SET UP AS A DWELLING UNIT ALREADY. AND SO THE CITY PLANNING COMMISSION

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recommends that the board deny the used variants thank you mi2022 002 759 4343 north 9th street

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i vote yes with proviso temporary variance expires 2-1-26 thomas holloman my vote is yes with proviso

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ishmael shaheed my vote is here with proviso thank you sir thank you number six

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MI-2022-005-154-4720-Mansion Street.

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Alan Nockamson is the attorney.

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Letter of support from the Ridge Park Civic Association.

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Mr. Nockamson will be rejoining as a panelist, sir.

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Thank you.

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You're welcome.

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Thank you.

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Good morning, Mr. Chair, members of the board, Alan Nockmson, A-L-A-N, the last name Nockmson,

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N-O-C-H-U-M-S-O-N.

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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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Could you identify your client in a relationship to this property?

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Yes.

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Just one second.

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Yes, my client is Roy Aronovich, and he should be in a virtual audience.

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He is the member of the corporate entity that owns the property, which is VP4720Mansion, LLC.

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Thank you.

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Our vice chair has just a few questions.

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Excuse me, I thought I was off mute.

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Good morning, Counselor.

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Do you agree to wave the reading of the refusal and stipulate to his accuracy?

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I do.

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Have you emailed all the exhibits into our offices five days in advance of this hearing?

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Yes, we have.

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Thanks, Al.

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Please share your screen.

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Thank you very much.

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Oh, good to me.

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So this is 4720 Manchin Street, just as a housekeeping item, we will ask the board to hold this for a vote, we are waiting for an updated refusal.

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there was a combinations made based on community input which included reducing the size of the

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proposed curve cut and in order for the board to properly vote for this matter we need an updated

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refusal so hopefully we'll have that within the next month and then the board can vote on it but

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we would like to make our presentation now. So what you'll review today is the notice of refusal

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that we currently have um again the the accommodations we made to based on community

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input uh did not increase any refusals or create any additional refusals but again we just need

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that updated refusal um you know to pursue this project uh by getting a zoning permit and building

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permits uh we have correspondence from the ridge park civic association in that letter uh they will

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You'll see that they, you know, acknowledge that we made some modifications to this project, and we'll go over those.

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One of the refusals has to do with accessory off-street parking, and we have pictures of nearby properties, which are similar in nature to what we're asking for.

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We'll review then the maps of the area, photographs of the property.

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This property has, you know, it's a sole purpose entity, owned by a sole purpose entity.

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But the parent company is Vich Properties, which is well known in the Philadelphia area for providing luxury single family homes.

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And we'll review some of their work product on other projects so you can get a sense of what they plan to do here.

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Then we'll go over the plans and drawings, our RCO meeting notice.

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So we actually had two meetings with the community.

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You'll see the meeting notice for the second meeting in which they actually voted for it.

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