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Hearing video

ZBA Hearing - September 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20205h 34m

Do you need to serve approximately 700 square feet?

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60.

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Huh?

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760.

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760.

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Each.

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Each.

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Yeah.

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All right.

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All right.

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Do you have any witnesses you need to put on, Mr. Dufino?

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No, I would just, Admir's here, if you could come in and wave, put your face on.

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um i don't do you see it do you see admir here or

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the owner yes yeah you want to you want do you want to get him on the record yeah

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admir velko could you please spell your name uh my name is admir velko a d m i r and last name

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and you heard my testimony yes and you adopted as your own yes okay thank you

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hold on do you swear and affirm to tell the truth the whole truth and nothing but the truth

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yes yes yeah we heard your testimony okay excuse me um this is sharon saletta i'm sorry i got

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called away for a moment mr dofino are you saying that you were changing the plan from

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the originally proposed vacant ground floor commercial space with two dwelling

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units above to an entirely residential use? Well that's what we were we were

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okay we were okay with the vacant commercial but the neighbors want the

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residential units there so yes. I understand that but that's a that's a

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different application you're changing the number of units and you're removing

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the commercial space in a cmx1 district you would need a new refusal from lni for that

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yeah i was i was thinking of that but uh the neighborhood was dead resentful against a

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commercial bottom floor what sharon is saying if you're going to do three residential requires

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another refusal that's why i asked that you the application as i read it was the commercial space

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and two-family dwelling but you're removing the space the commercial space and now you're going

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to three-family that's why i asked that question mr dofino it wouldn't require starting another

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um appeal you would keep the same appeal number but you would have to submit a letter

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appeal you would keep the same appeal number but you would have to submit a letter requesting

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that you be authorized to submit an amended application to lni and they will then issue

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an amended refusal i can explain the process to you offline but okay there will be another step

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thank you so sharon we we will have to hold this correct yes and it would be hard to give a

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specific date on this because you don't know how long it will take just for we could ask Mr.

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Dufino to contact us when he has the amended refusal. Will it be attorney moving party or

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just hold? You can do it attorney moving party that's fine. All right is there anyone else who

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wishes to testify on this matter if so please raise your hand.

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here i have petra gamble miss gamble you can unmute yourself and wait to be sworn in

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okay thank you good morning miss gamble uh your name and address please

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good morning my name is petra gamble my address is 2305 federal street philadelphia pa 19146

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uh do you swear in a firm to tell the truth the whole truth and nothing but the truth

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yes I do thank you please proceed I just wanted to go on record saying that I am

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one of the members of the coordinating RCO Point Breeze CDC and we are in

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support of the project thank you very much appreciate it anyone else anyone

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else to testify if so please raise your hand I have chair a caller with the last

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three digits 855 you can unmute yourself and speak to this case before the board

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good morning chairman and board my name is albert little page a l b e r t l i t t l e p a z e

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i'm the president of the plain breeze community development coalition um mr little page mr

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a little bit i know you were wrong yesterday do you swear and affirm to tell the truth the whole

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truth and nothing but the truth love me god thank you please proceed i am just wanted to make a

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correction to mr defino's testimony he said tiffany white it was it wasn't tiffany white who uh

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we're doing the affordable requested affordable unit it was actually tiffany green who is rco

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with concerned citizens um so i just wanted to make sure that that was a matter of correction

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for the record um and without any other uh when we look forward to it we have to be revisiting on

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the uh the next refusal but we also are in support of what the community's desire was

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to support this particular project and thank you mr chairman and the board have a great day

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everything so noted thank you anyone else we have brandon strauss brandon you can unmute yourself

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and wait to be sworn in. Brandon when you get on please spell your name for the stenographer give

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us your name and address. E-R-A-N-D-O-N-S-T-R-A-U-S. Brandon? Uh yeah I just wanted to say that I

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your address oh sorry my address uh 1424 south 24th street you swear and affirm to tell the

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truth the whole truth and nothing but the truth yes thank you please proceed yeah i just wanted

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to say that these revised plans look uh like something that's going to please the neighbors

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uh i live directly across from the property and i've been in contact with with several of my

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neighbors asking what their thoughts were so i just wanted to say thank you for making these

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changes and we hope that the project will go smoothly i am concerned about what kind of

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construction noise is going to be happening and in what time frame so if that's something that

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can be addressed in this conversation i would appreciate it well the guidelines are i believe

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no construction prior to 7 a.m in the morning and i don't know if it's six seven to six p.m or seven

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to somebody could help me with that there there are certain guidelines for construction and what

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are the dates of construction that we're looking at i you'll have to speak to the uh uh the uh

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property owner and his and or his attorney about that because they don't know yet they're going

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to have to go back in and address the other refusal so i think it would be hard for them to

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to to give you a definitive date ballpark i i'm not in the ballpark so we'll have to discuss that

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with mr dofino and his client all right thank you i appreciate it thank thank you

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that's it chair you can proceed okay thank you calendar numbers

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that's it chair you can proceed okay thank you calendar number three nine nine seven five

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two three five six garrett street attorney moving party

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okay mi 2020 001108 510 east hayne street

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Justin, you've been promoted to panelists.

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You can unmute yourself and share your screen as necessary.

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Good morning, members of the board.

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Good morning.

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Justin, you agree to waive the reading of his refusal and stipulate to its accuracy?

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Yes, I do.

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And do you swear in the firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Thank you. Please identify yourself for the record.

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Yes, my name is Justin Crick, K-R-I-K. My address is 1500 JFK Boulevard, Suite 630, Philadelphia, Pennsylvania, 19102.

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i am here on behalf of the applicant haynes street holdings and the applicant is applying

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for a variance to adapt the current use of the property at 510 east haynes street as well as

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the the adjacent properties to it for the relocation to turn the vacant land into a plumbing

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supply warehouse. Just a little bit of background for you. This matter has basically been approved

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by the board in January 2019, but due to a slight expansion of the already approved variance and

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expansion of the land area, the applicant made some changes to the size and location of the

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buildings on the property. So we're here basically seeking similar approvals to those which have

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already been granted. I will direct you to the to the screen with the the outline on it and as you

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can see the refusals that were the summary of the refusals are that number one this wholesale

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distribution with the accessory office for the plumbing supply warehouse is prohibited. This is

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an RSA 5 zoning classification. We have refusals for parking spaces the required amount being 22.

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we've proposed 12 bicycle parking is three and we've proposed zero another

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refusal is that there are multiple buildings on the same lot and I'll

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describe what those two buildings are momentarily and then we have a rear yard

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required setback that is nine feet but we have not proposed any however on the

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plans I will show you that there is somewhat of a setback that can be viewed

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that way. Skipping past the refusal and the application as well as the deed, I'm going to go

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to first to the original plan that was presented. This was the prior plan. If you take a look at

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this area, this is 510 East Haynes Street. This existing two-story building at the time was not

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owned by the applicant, nor was this street formerly known as Eli Street. So this is the

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prior application with one building here and a shed building over here for supplies and so forth.

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The new application expands on this bottom corner of the site plan because the owner has acquired

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510 East Haynes Street as well as the street formerly known as Eli Street through the courts.

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So therefore we've expanded the size of these two buildings and rearranged a few of the

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items in the parking area which generated these refusals. We have met with the RCO,

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actually several RCOs on this property and project, and we do have a letter of support

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from them in the file. We also have a letter of support from the adjacent neighbor to the,

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to the, it's not the south, but to the other side of what was Eli Street, it's a church.

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so essentially what we're talking about here is on this plan we don't we don't believe that the

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the number of parking spaces is necessary and that that the variance would be appropriate because

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this is a this is not a like a home depot sort of plumbing supply this is a plumbing supply for

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contractors and we don't expect to see heavy traffic flow of people in and out for their

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everyday shopping similarly we don't expect that there's a requirement for bikes other than

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potentially for employees because we don't see anybody uh coming to the plumbing supply warehouse

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and riding away with with pipe on their shoulder um the need for the two buildings again is one

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So the need for the two buildings, again, is one is the main building in a warehouse.

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is the main building in a warehouse

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The other, the shed building, is open on three sides.

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It is not an enclosed space, and it's just to house some of the larger plumbing supplies and piping.

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You can also see from the picture right around this side, these are train tracks that run along,

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septa train tracks that run along the property.

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And there is a grassy area between the parking lot, but that's just not considered as rear space for us.

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uh we have pictures of the property and over uh an aerial view right here of a street view so you

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can see the size of the property we're talking about just shy of one acre of land and this is a

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basic general satellite view of the picture of the property we have posted the property um well sorry

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that picture is a little bit too big but we have posted the property with zoning notices on both

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frontages and this is a better uh indication of what the property looks like from the street

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level we believe that this is the highest and best use for the property and that there's a

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hardship existing because the the property does not have a desire there are no desired developers

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willing to develop this into residential land and for those reasons we would like the board

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to grant the variance application i do have mr hecht lee hecht is on the call and he is the owner

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of the entity applicant if there are any questions from the board i would ask him to adopt my

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testimony please get please uh get your client to uh testify okay if the board could uh unmute him

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or admit and unlock his am i unmuted yes you uh yes you are okay please state and spell your name

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and your address for the record lee hecht l-e-e-h-e-c-h-t address is 126 executive drive ambler

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pennsylvania 19002 and you swear and affirm to tell the truth the whole truth and nothing but

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the truth yes i do uh mr hecht uh you you are the sole member of haine street holdings llc correct

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That's correct.

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And have you heard my testimony to the board today regarding this variance application?

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I have.

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And do you accept my statements and adopt them as your testimony?

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I do.

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Thank you.

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Thank you.

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Questions from the board?

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No.

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Anyone else wish to testify in this matter?

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If so, please raise your hand.

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no hands are up chair thank you planning commission mr chairman david effecto f-e-c-t-e-a-u

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with the city planning commission david do you swear and affirm to tell the truth the whole truth

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and nothing but the truth yes sir i do thank you please proceed mr chairman and members of the

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board this property is indicated for industrial and commercial mixed use on the city's comprehensive

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plan we do not believe the proposal will pose a negative impact on the surrounding area

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accordingly we have no objection to granting this variance

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thank you um calendar number i'm sorry mi-2020-001108

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510 east hanes street my vote is yes my vote is yes my vote is yes

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my vote is yes thank you confessor could you hold off for a couple minutes

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sharon's got to go over something with me i'll be right back with you you've got it

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thank you members of the board

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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 for that confessor we're going to go with number five

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after that uh that'll finish the 9 30 list we're going to go back and do

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a case for

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I'll give you all the information when we're ready

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1932

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North 4th Street

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and then 53rd Street

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Ms. Cartwright's case we'll go back to that

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let's do number 5

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at Brentwood Road and then we'll go to the other

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two

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you got it calendar number

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39644

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7200

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Brentwood Road

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Northwest 72nd Street

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Attorney is Leo

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Leo, good morning, do you swear and affirm to tell the truth, the whole truth, and nothing

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but the truth?

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I do.

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

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I do.

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Thank you. Please identify yourself for the record.

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Certainly. This is Leo Mulvihill, M-U-L-V-I-H-I-L-L.

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Address is 2424 East York Street, Suite 111, Philadelphia 19125.

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I'm here today for the applicant, Jerry Hogger.

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Jerry is on the line. I will be asking him to testify at the end of the

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