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Hearing video

ZBA Hearing - July 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 13, 20225h 14m

one of which is an open air parking space. This is my client's property. It's currently under

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construction. We're probably about 85% complete right now. And this is looking east on Titan

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Street. Again, as I mentioned, all parking is on the north side of the street, nothing on the south

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side. So we're not taking a parking spot away. This is actually looking at the parking space

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itself. To the left is an alley. We're going to have a six foot high fence here and the gated area

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will be on the front of the parking space just wanted to show the board some of the parking

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spaces slash garages on the block I'll walk through these quickly there's one two this is

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just a parking space another parking space this is a parking garage with an opening a door to get

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INTO IT, A GARAGE, ANOTHER GARAGE. I DO HAVE A PROVISO PLAN ATTACHED BECAUSE WE DID MAKE

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A NUMBER OF CHANGES ON THE SITE PLAN AFTER WE MET TWICE WITH PENSPORT AND THIS IS ALL

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IN THE PACKAGE AND IF THE BOARD LOOKS KINDLY UPON THIS APPLICATION, WE WOULD ASK THAT

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both the proviso form and the plans be stamped this is a layout of the building again indicating

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the parking space in the rear we actually widen the parking space from eight and a half feet to

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nine feet but we decrease the length from 17 feet to 16 feet 14 inches this is streets department

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Department approval, this is the original plan.

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The floor plans I included in the package, there's really nothing for the Board to consider

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with regard to that, but if there were any questions about the property itself, we would

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certainly address them.

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These are renderings.

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Our tax certifications, the remaining documents are what you would see in a typical CBA presentation,

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our application, our project information form, zoning map, again, RSA zoning district, the deed

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indicating that Gerald and Harley are the owners of the property.

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Our notice letter to all the community, list of addresses, and our traffic engineers report,

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which was shared with Pennsport, which indicates that the design of the parking space is compatible

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with the vehicle that my clients will be using to park in that space.

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So just in summary, the space that we're asking for is for one car.

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It's compatible with about five to seven other uses on the block where there are already curb cuts and parking spaces,

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two of which are on the same side of the street as my client.

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We're not going to affect anyone's lighter air.

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There's no impairment on development for this use request.

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that it's in harmony with the code

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and it's in harmony with what the community has requested.

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So I could ask my client to unmute himself

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to adopt my testimony.

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Then we'll take any questions from the board

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and from the virtual audience

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if that's okay with the chairman.

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Yes.

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Mr. Saxby, please unmute yourself

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Mr. Saxby, please unmute yourself and wait for the chair.

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and wait for the chair.

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

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Yes, my name is Harley Saxby, H-A-R-L-E-Y, S-A-X-B-Y.

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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.

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Mr. Clinton, proceed.

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Thank you, Mr. Chairman. Good afternoon, Mr. Saxby. How are you?

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I'm good. Thank you.

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good were you on the call when i presented the project uh for you and gerald yes if you had

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the opportunity to testify would you adopt my testimony as your own and as true and correct

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yes thank you very much questions from the board no mr chair no mr chairman oh mr chairman

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questions or comments from the virtual audience

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chair i see no hands at this time planning commission this is uh ron bednar city planning

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the property is indicated for residential on the city plan given the established street pattern

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recommend that the quested variants be permitted provided that the fence height

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is lower to four feet and with at least a 50% opaqueness to it as required by the code.

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Mr. Chairman, can I address that? The gate will be opaque. It will be fully opaque,

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but the height will have to be what was requested, six feet to adequately permit a car to enter.

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okay um mi 2021-003-109-1227 south 4th street i vote yes with proviso revised plans one page

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stamp by zba july 13 2022 carl tenere my vote is yes with proviso

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James Snell yes with proviso

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Ishmael Shahid yes with proviso

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Thank you Mr. Chairman appreciate it

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Thank you Mr. Clinton

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Number 3 MI 2022

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003405

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2236 Frankfurt Avenue

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Aiden Karakarikoff

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is the attorney for the tenant

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um letter of support from fishtown neighbors association letter of support fishtown kensington

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area business improvement district mr karakoff could you raise your hand please

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chair he's coming back in as a panelist thank you

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

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Yes, Mr. Chairman.

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My name is Aidan, A-I-D-A-N, Karakoff, C-A-R-I-C-K-H-O-F-F, and I represent the applicant

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on number 3176, Gert Schooley, at 2236 Frankfurt Avenue.

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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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I do, Mr. Chairman.

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Do you identify who your client is?

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Yes, Mr. Chairman. It's Gert Schooley, the owner of Groove Hound at 2236 Frankfurt Ave.

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Thank you. Our vice chair has a few questions.

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Yes.

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Hi. Good afternoon. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, we do.

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You may proceed and begin sharing your screen.

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Thank you, Madam Vice Chair.

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I just wanted to jump in briefly and indicate just to clarify that this application is only

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for the additional use. It is not for any signage. I verified with L&I that they didn't review any

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signage in this case. And so there was some signage shown in the packet, but that would

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require a separate application. So I just hope that to be clear on the record.

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Are you okay with that, Aiden?

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Yes, I'll double check with the clients.

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My understanding is that the application was solely for the auxiliary takeout window,

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which is what the exception is sought for, even though the photos do show the signage.

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So we understand we'd have to make a separate application.

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Proceed.

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Proceed.

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Thank you.

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Thank you.

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Pictured here is Gert Schooley, my client.

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Pictured here.

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Ms. Schooley's plan is to transform her doggy daycare into not only a place for dogs, but for their owners, too.

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Groove Hounds, a beloved business in Fishtown, along the CMX2 zoning district in a commercial corridor.

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And Ms. Schooley is hoping to add a small coffee bar for takeout purposes only to the front of her property called Sit-Stay Coffee.

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and that's what you see here on the screen. Like I mentioned, her business sits on a CMX2 zoning

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district, and the nearby properties are two- and three-story multifamily homes, as well as

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commercial storefronts. We've also included in our packet a blueprint for the store that shows the

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coffee shop, window service only, as well as the entrance to Ms. Scully's existing business. So

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within the packet, Ms. Scully has provided all required documents in her submission package

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including the initial L&I denial for permit, for application, for special exception,

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letter from the property's lessor and support, tax clearance certificate,

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and the letters of support that the chairman mentioned.

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And as the chairman mentioned, Ms. Schooley's application was approved by both RCOs in the neighborhood,

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Fishtown Neighborhood Association, and the Fishtown Kensington Business Improvement District.

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To that end, the Business Improvement District stated in their letter to the board

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that Ms. Schooley's proposal will support the natural flow of traffic on Frankfurt Avenue,

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which is a, quote, major commercial corridor in Fishtown.

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The BID explained that sit, stay, coffee will, quote, enhance walkability for all throughout the district

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and provide a wonderful amenity for residents and patrons alike.

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Ms. Schooley also has a comprehensive on- and off-site litter cleanup program.

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We sent that by way of email supplement.

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I do apologize for the delay.

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In that submission, the comprehensive litter cleanup plan, Ms. Schooley is committed to keeping the property clean.

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Her plan is to conduct on and off-site litter cleanup on a twice-daily basis and as needed throughout the day.

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So trash and recycling containers are stored behind a fence that is part of the property operated by Ms. Schooley.

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That's the area shown here with the 12-foot marking on the blueprint.

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So those are shielded from the street.

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Ms. Schooley uses 32-gallon Rubbermaid containers with lids, and her address allows up to six trash cans or 12 bags of trash per pickup.

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So if there's waste on a given week that exceeds this limit, which is unlikely, Ms. Schooley will arrange for private trash pickup.

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The letters of support that are in here I think are overwhelming.

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Gert's a beloved member of the Fishtown community,

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and that's why both boards voted unanimously in favor of this auxiliary takeout window.

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And now I will call on Gert Schooley, the applicant.

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Her project manager, Michelle Simone, is also here,

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and I will ask Gert to adopt my testimony as her own and answer any questions.

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All right, great.

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Ms. Schooley, can you please raise your virtual hand?

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Ms. Schooley, please unmute yourself and wait for the chair.

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

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Sure, it's Gert Schooley, G-E-R-T-S-C-H-O-O-L-E-Y.

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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.

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Proceed, counsel.

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Ms. Schooley, has my testimony here to the board today been truthful and accurate?

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Yes. Ms. Schooley, do you accept my testimony as your own today? I do. Thank you, Kurt. And Mr. Chairman, we'll turn over for questions. Sure. Questions from the board? No, Mr. Chairman.

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Questions or comments from the virtual audience? I see no hands, Chair.

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Planning Commission. Ron Bednar, City Planning. This property is indicated for neighborhood

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commercial mixed use on the city plan. Proposed special exceptions should not cause any detrimental

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impacts to the area beyond what's normally expected. Therefore, we recommend the request

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for special exception to grant. Thank you. MI 2022-003-405-2236 Frankfurt Avenue. I vote yes.

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carol tanari my vote is yes

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james snell my vote is yes ishmael shahi my vote is yes thank you counsel thank you mr chairman

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number four mi2022-001-389-5315 locust street burn anastasio is the counsel

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Byrne Anastasio is the counsel.

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Meeting was held by Cobbs Creek Neighbors Association in May 2nd.

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No letters of yet that we see.

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Mr. Chair, this is Hillary.

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Mr. Anastasio is coming back in as a panelist now, Chair.

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Pardon me?

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Mr. Anastasio is coming back in as a panelist now.

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Hilary, do you say you have the letter?

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Yeah, we just got one this afternoon.

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Okay.

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And from Mr. Anastasio.

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So thank you.

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And it is a letter in non-opposition to the project.

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All right.

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

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For Bill, Vern Anastasio, 2016 Spruce Street, Philadelphia, Pennsylvania, 19103.

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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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I do, Mr. Chairman.

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Could you identify your client in relationship to this property?

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Yep, my client is Kenneth Hilliard, who I represent on this project.

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Thank you.

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Our Vice Chair, Carol Tenere, has several questions for you.

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Hi, Mr. Anastasio.

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

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I do, Madam Chairperson.

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Okay.

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Have you emailed an exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,

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photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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All of that, and I recently, as Attorney Emerson was able to confirm, we do have a letter of non-opposition.

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That's great. You may proceed and share your screen.

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Thank you. I believe my screen is shared, yeah?

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Yeah, I'm looking for that.

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Awesome. So it's 5315 Locust Street. It was purchased by my client recently.

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long uh neglected and uh uh you know a real problem for the block and he purchased it

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would like it is a zoned single family rsa3 uh single family residential his plan is to

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occupy one of the floors and in fact uh lease the other uh floor so that he can uh offset the cost

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of purchase and what has become uh because of you know there's current conditions uh really high cost

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of rehabilitation let's get to the plans the basement would be of course uh nothing more than

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storage and mechanicals uh first floor off the uh off the front steps is a large uh living room

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dining room sort of uh a living space two ample bedrooms in the rear uh same open sort of space

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uh you know uh open uh flow on the first floor and second floor uh with a with a galley kitchen

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and then two bedrooms below uh it is is his intention to in fact uh occupy one of the one

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of the units and we did he did personally and not my office but he did personally go on the block

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and spoke to the immediate neighbors uh folks on either side of him as well as several others

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and got uh petition letters of support for the appeal there are several properties uh on the

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