civus
Hearing video

ZBA Hearing - March 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 22, 20235h 37m

Thomas Holloman, my vote is yes.

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James Snell, my vote is yes with Proviso.

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If you know Shaheen, my vote is yes with proviso.

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James Snell, my vote is yes with Proviso.

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I'm sorry, Mr. Chairman, proviso, Thomas Holloman.

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I'm sorry.

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Thank you. Thank you, Thomas.

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Thank you, counsel.

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Number six, MI 2022-006-111, 301 Washington Avenue.

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Kenneth Falkenstein and Steve Anello are the attorneys.

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letter of support from the Queen Village Neighbors Association,

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letter of non-opposition from Councilperson Squilla.

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Mr. Falconstein, wait a minute, I have Mr. Steve Anella, sir.

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I will go ahead and promote him to panelists at this time.

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Thank you.

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thank you mr chair good morning could you state your name please and spell for the court reporter

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of course my name is steve anella s-t-e-v-e-a-n-e-l-l-a right um do you swear or

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firm to tell the truth, the whole truth, and nothing but the truth? I do. Could you identify

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your client and their relationship to this property? Yes. So my client is Comcast Cable

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Communications Management, LLC, through Mr. Ken Falkenstein at Comcast. The property is owned by

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the Philadelphia Housing Authority, and we would be leasing a portion of a rooftop on a building

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located on the property.

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Hillary, do we have a

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conflict with this?

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Yeah, I would have

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a conflict with it.

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Yeah, all right.

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So, Thomas,

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could you do the

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follow-up with this?

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Isha will recuse himself from this.

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Yes, Mr. Chairman.

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Good morning, Council.

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Can you hear me?

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Good morning.

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Yes.

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Yes.

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

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I do.

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I do.

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Did you email all of the exhibits and documents as required five days in advance to this hearing?

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Yes.

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Did you meet with the RCO and do you have a letter?

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Yes to all three.

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Thank you.

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Please proceed and share your screen.

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Thank you.

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Thank you.

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Share this real quick.

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uh does everyone see the pdf that's up we do okay awesome thank you um so as um was stated

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um our property is 301 washington ave um and it's located in the rm2 zoning district

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the applicant is proposing to place a wireless communications uh facility on the rooftop

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top of an existing building located on the property. And let me bring up the plan real quick.

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Right, so as shown on the plan, right here would be the tower in question and the two antenna,

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which would be part of the equipment, would be located on the roof right here.

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And then there would also be an equipment cabinet located next to it. So we are seeking a special

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exception today as the special exception is required for wireless communications facilities

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in the rm2 district um and so this uh this proposed use would be very you know minimal

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impact it would just be the two antenna on this rooftop um the building itself let me

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bring up a longer view of it um is a large residential apartment complex um

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And it's pretty much the tallest building in the area.

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There's also a penthouse, as you can see right here, that extends higher than the height of the antenna.

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So this proposed use would have no negative impact on the surrounding community.

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It wouldn't burden the public facilities in the area at all.

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It would just be these two antenna on the rooftop.

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and they also high-rise building right am i right uh correct yes that is okay okay all right um

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questions from the board no chair

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no chair

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thomas

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questions or comments from the virtual audience

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i do not see any hands mr chair planning commission

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thank you chair sarah bond philadelphia city planning commission s-a-r-a-h-b-a-n-h

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the comprehensive plan recommends no change to the existing residential multi-family zoning

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the proposed use will not cause detrimental impacts to the neighborhood beyond what might

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normally be expected the city planning commission recommends that the zoning board grant the special

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exception mi2022-006-111-301 washington avenue i vote yes i vote yes thomas holliman my vote is yes

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James Snell, my vote is yes.

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Thank you, counsel. You have your votes.

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Thank you.

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Number seven, MI 2022

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006

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1110

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253

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Crams Avenue. Joseph Consul

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is the attorney.

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Recommendation of support from

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the Central Roxborough Civic Association.

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Okay.

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Good morning, Mr. Consul. Could you state your name, please, and spell for the court reporter?

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Sure. My name is Joseph Consul. That's J-O-S-E-P-H-C-O-N-S-O-L-E.

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

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I do, sir.

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Could you identify your client and the relationship to this property?

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Yeah. My client is Navy Real Estate LLC. The owner of that LLC, Danny Maitland, is on this call.

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Okay, and our vice chair has just a few questions.

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The refusal and stipulate to his accuracy.

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I do.

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Have you emailed all the required documents to proceed with this case and exhibits five days in advance to this hearing?

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Yes.

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Thank you. Please proceed and share your screen.

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Okay.

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Is my screen up?

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Yes.

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Okay.

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Hi, everyone.

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Joe Consul here for 253 Crams Avenue.

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On my screen right now, just to give everyone some context, are two buildings, which each have two addresses in each building.

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So what's in front of me right now is 251 and 253 Crams.

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And over here is, oh, sorry, is 255 and 257 Crams Avenue.

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So these two buildings, which are four different addresses, were built at the same time, which we believe was in the 70s.

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And each of these four buildings was built as a two-unit property.

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So, you have an entrance to the front unit and you have an entrance to the back unit of all four of these properties.

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Here is the two-unit rental license for 251, just confirming that it has a two-unit rental license.

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Here is the two-unit rental license for number 255, and number 257 does not have a two-unit rental license issued for it, but it does have two mailboxes, as you can see there, for front and rear, showing that it is, in fact, also two units.

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So that's just some context. I'm bringing us back to 253. My client purchased 253 in February of last year. Similar to 257, they have two units, but they never actually pulled the two-unit rental licenses.

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My client purchased it. He's been fixing it up. And now he's seeking approval for the two unit rental license, which it's always been two.

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It's always been two units, just like those other three that I that I showed you.

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So we went in front of the RCO to to. Oh, sorry. And we got their support here. That was just about a month ago.

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Here's our proof of mailings.

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Here's photos and plans of the property.

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You can see some of the work that my client's done to spiff it up compared to how it looked

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How it looked then, the property looks a lot nicer now.

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then.

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the property looks a lot nicer now.

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This is still being worked on.

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We submitted the floor plans that were submitted for the rehabilitation permitting,

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showing the layout of the property, the front and rear unit.

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Here's a picture of the rear unit door, how it looks now or in its transition period,

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but much nicer.

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showing units A and B, water heaters, electrical meters.

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You can see B is, in this photo, still quite old.

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And then we have our other required documents as well.

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The deed and such.

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So the takeaway is we're seeking approval for this front and rear two-unit use

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that was never properly legalized by the prior owner.

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My guy bought it, and he's now seeking to legalize it

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and make it nice, which he's already well

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into the process of doing.

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We have the RCO support, and I'd like to call my client

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to verify my testimony.

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Sir, could you state your name, please,

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and spell for the court reporter?

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Who is the client again?

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It's Danny, D-A-N-N-Y, Maitland, M-A-I-T-L-A-N-D.

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May I please raise your hand to wait to be sworn in?

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Good morning.

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

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Good morning.

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My name is Danny, D-A-N-N-Y, last name is Maitland, M-A-I-T-L-A-N-D.

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

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Yes, sir.

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Proceed, counsel.

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Good morning, Mr. Maitland. Did you hear my testimony right now about 253 Crams Avenue?

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Yes, sir.

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Do you agree with what I said and do you adopt it as your own?

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Absolutely.

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All right. Thank you. Nothing further aboard.

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Questions from the board?

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No, Mr. Chairman.

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Chairman.

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No, Mr. Chairman.

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questions or comments from the virtual audience

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i don't see any further hints mr chair planning commission

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thank you chair sarah bond philadelphia city planning commission s-a-r-a-h-b-a-n-h

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the comprehensive plan recommends no change to the existing residential single-family zoning

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However, the proposed use is consistent with documented prior use of the property.

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The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you. MI 2022-006-110-253, Crams Avenue. I vote yes.

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I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Isma Shahid, my vote is yes.

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Thank you, Council.

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Thank you, Board.

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All right, number eight, MI 2022-006-086, 504-10 South 21st Street.

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Melanie Lacey is the attorney.

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Letter of non-opposition from the Center City Residence Association.

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Applicant also provided a petition support signed by 37 neighbors.

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Mr. Chairman, Ms. Catherine Missimer, as we joined as panelist.

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

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Catherine Missimer. It's M as in Mary, I-S-S, I-M as in Mary, E-R.

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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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I do.

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Could you identify your client and their relationship to the property?

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Yes, I'm here on behalf of Ms. Ellen Danish. She's the owner of the property.

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Okay, our vice chair has just a few questions.

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Sure.

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Good morning, counsel. Do you agree to waive the reading of the refusal to stipulate to his address?

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I do.

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Have you emailed all the required documents and exhibits five days in advance to our office?

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I have. Yes.

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Thank you. Please proceed to share your screen.

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Thank you. Are you seeing my screen?

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we do great thank you i'm here on behalf of miss ellen danish the owner of the property at 504 to

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510 south 21st street we're here today with an application for the relocation of lot lines

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and to legalize an existing non-accessory parking lot at the corner of naudane and 21st streets

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i have with me today the property owner miss danish as well as our project engineer natalie

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door as you can see from your packages this project has letters of non-opposition from

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As you can see from your packages, this project has letters of non-opposition from the RCO, Center City Residents Association, as well as a pretty comprehensive petition of support signed by 37 near neighbors.

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These lots front 21st Street, spanning from Trine to Nodane.

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