civus
Hearing video

ZBA Hearing - August 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20216h 3m

And Tanya, Tanya and Jason, someone will let us know when to go.

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Chair, we have about 75 attendees present today.

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You can proceed as you wish.

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Okay.

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Thank you.

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Good morning, everyone.

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My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our board secretary, Mr. Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator, Jason Hand, and board attorney, Ms. Sharon Saleta, are also in attendance, as is our zoning board administrator, Ms. Tanya Sunkett.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded and that the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself. I'll repeat.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat that.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I would also like to remind everyone, please do not attempt to testify in the chat. Any comments or questions should be directed to Mr. Hand, our board administrator.

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Having said that, I will read off on the 930 list. Item number two, MI 2021-000587, 1633 West Huntington Street. This case has been requested to be continued both by the applicant and the RCO.

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I would ask if anyone objects to that continuance to please raise your hand.

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If you object to that continuance, please raise your hand.

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I'll answer this time, Mr. Chair.

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Thank you.

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I will now ask if anyone would like to request a continuance or withdrawal on the 930 list.

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A continuance or withdrawal request on the 930 list, please raise your hand at this time.

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Mr. Chair, an individual named Dakaria Heru has their hand raised.

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I will allow them to speak at this time.

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Please identify yourself for the record.

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Spell your full name.

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Hi.

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This is Tina Marie Russell.

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t-i-n-a-m-a-r-i-e-r-u-s-s-e-l-l

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you swear or affirm to tell the truth the whole truth nothing but the truth

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i did please proceed i just had a question i'm sorry i just

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logged in and i wasn't sure what um property you was talking about i wanted

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to be clear to you as to what where we are

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1633 west huntington right we're requesting uh continuance

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and then the owner said that he would request

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that's been made made on we put that on the record both the rco and the applicant requested

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a continuance okay great we just jumped in i'm sorry chair if i could make an announcement

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yes please um if you join late or you're uncertain about cases please ask a question in the q a we

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We have a seriously long docket list, and we cannot have too many interruptions.

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have a seriously long docket list and we cannot have too many interruptions thank you

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Thank you, Chair.

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Thank you.

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I got it.

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Thank you.

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And I'd also like to make a note for record that we would like to be informed prior to

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be consulted on the date of the continuance.

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Thank you.

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Thank you.

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Anyone else requesting a continuance or withdrawal at this time, please raise your hand.

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Sir, Ms. Hillary Emerson has her hand raised.

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i will allow her to speak at this time you miss emerson please identify yourself and i'll swear

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you in good morning mr chair hillary emerson on behalf of councilwoman sherelle parker

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where for him to tell the truth the whole truth nothing about the truth i do um i'm here um on

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case uh sorry i'm not sure where it is on the list but it's 7901 gilbert street um sorry

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that's number nine on our list number nine I wanted I didn't know if the applicant was present

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um so the applicant had previously asked for a continuance for this case because

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she needed an amended refusal um and I know she got the letter from the board and it was submitted

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to L&I but I don't know if she got the refusal yet and I reached out to her last week to ask

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if she'd received it and would be asking for another continuance and did not receive a response

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so i just wanted to see if she was here um and we would be fine with another continuance because

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we know she has taken steps to get the amended refusal but i just thank you i'm going to ask

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did we ever receive the exhibits sharing um we did not probably for that reason though she did

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request the continuance of the last hearing in order to get the amended refusal

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all right so um is this the shauna smith correct yeah that's the applicant i don't know if she's

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here she didn't respond to my last email is miss smith here for 90 7901 gilbert street if so please

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raise your hand. Chair since she has gone through the process of obtaining a letter and getting an

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amended or tried to get an amended refusal perhaps one more continuance. I just want to

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know if she was on but okay having said that number nine on our list mi 2021 that's 000401

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7901 gilbert street is continued any other requests for continuing thank you

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any other requests yes this is tanya again may i ask that be it must be heard

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Thank you. MI 2021-000401-7901 Gilbert Street is continued must be heard. Thank you.

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Any other requests, continuances or withdrawals on the 930 list?

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I see no further hands, Mr. Chair.

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And Sharon, just to make sure, and or Tanya, we're going to do the list as is numbered, right? One through, and then do 10 and 11 as the add-on.

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Yes, and the order they are.

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Okay, just want to double check and make sure we're doing it that way.

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Thank you, Tanya.

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Okay, thank you. Number one on our list, MI 2020-002-408, 1518 West Tioga Street.

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There's a letter of support from the Upper North Neighbors Association.

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Anyone here for 1518 West Tioga?

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I see no hands at this time for that one, Mr. Chair.

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The attorney is Shoshana Bricklin.

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Is she here?

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I'll see if she's here.

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I see no one going by that name.

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All right.

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MI 2020-002-408.

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1518 West Tioga is continued.

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Go to number three, MI 2020-000120, 1933 Mountain Street.

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Mr. Mobahill is the attorney on record.

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Mr. Movahill is the attorney on record.

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There's a letter of support with provisors from Point Breeze CDC.

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There's a letter of support.

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I'm sorry, Chair.

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This is Tanya again.

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May I please make a request that the case number one be a must-be-heard since 2020?

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Okay.

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MI 2020-002-408-1518 West Tioga is continued must-be-heard.

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Thank you.

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Mr. Mulvihill, good morning. Please identify yourselves by your name and I'll swear you in.

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Good morning, Chairman, members of the board. Leo Mulvihill, that's M as in Michael, UL, V as in Victor, I-H-I-L-L. 315 Green Street, first floor, Philadelphia, 19123.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you. Please proceed.

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Mr. Mulvihill, you agree to waive the reading of its refusal and stipulate to its accuracy?

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i do have you emailed an exhibit packet with the required documents proof of ownership proof of

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tax compliance copy of the refusal or referral photos and plans five days prior to this hearing

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i have have you met with the rco and have a letter yes thank you please proceed yes good

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morning members of the board i'm here today from 1933 mountain street for purpose of the record

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i have the following documents as part of my packet the refusal appeal and project information

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form at page one, area zoning maps at page six, deed page seven, commercial activity at 13, tax

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clearance at 14, zoning notification letter, proof of mailing at 16, letter of support from the RCO at

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19, photos of the property at 21, floor plans at 46. So members of the board, what we're here for

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today are variances for minimum rear yard setback. We are asking for five feet versus nine, minimum

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open area 70 versus 164.5 and a roof deck setback from the extreme rear building line

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this area is zoned rsa5 we're proposing a single family dwelling in this district

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it's a three-story structure this is my client's deed

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my client's commercial activity license

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proof of tax compliance is present here showing that there's no outstanding taxes

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owed on the property it's my zoning notification letter which was sent some time ago

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including the refusal and the proof of mailing

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attached here november 30 2020 is our letter of support from point breeze community development

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corporation

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showing that there was letter of support the provisos would remove an alley tree match

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coordinates line as closely as possible and use a clear rail potentially by removing parapet for

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the roof deck here are photos of the property right now this is it with the fence in front

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of it the two story structures next here is the tree that was in discussion as part of the provisos

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There are pictures of the most recent posting, and the block itself, which you can see is

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a mix of two and three-story dwellings.

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Here's the proposed plan, members of the board.

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What we're seeking to do is have a three-story structure not to exceed 38 feet tall.

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At our second story cornice line, what we're doing is trying to match as best as possible the height of the existing structures and have a mansard style that leads up to the third story.

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The refusal that we received for the roof deck is this very small part to the rear by the roof deck access pilot house, only to the rear of the property, so we won't have anybody to the front of the property overlooking the street, which is generally what my understanding is this code provision is to prevent.

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here's the interior floor plan the basement is essentially a rec room with a half bath

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on the ground story we have living and dining with a kitchen to the rear we have stairs going

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up to the second story where we have two bedrooms one in the front run to the rear bath in the

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middle and we have the owner's suite on the third floor up to the front and then a large

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bath to the rear roof deck itself this is the area where we are where we receive the refusal

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for not having the extreme property lines have it pardon me this is the area where we have the

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refusal for not setting the roof deck back but it's very small area and it's a de minimis infraction

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of the code we largely keep within the spirit of the code with respect to the way that we have this

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pilot house set up and the roof deck itself set up with respect to the property itself we are

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very similar to existing property rear yard sizes we're not seeking

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uh very similar to existing property rear yard sizes we're not seeking an overbuild on the

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property the house itself is just around 2 000 square feet and with the support of the community

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you would ask you vote to support this project members of the board and grant the variances

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that we request my client i believe is not present today but i would make all these affirmations as a

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member of the court so noted any questions from the board no no no anyone else would like to

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testify in this case if so please raise your hand the chair albert little page has his hand raised

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i will allow him to speak at this time good morning sir please identify yourself spell your

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full name good morning chair my name is albert little page i'm the president of the plain breeze

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Community Development Coalition. Albert, would you please spell your last name? L-I-T-T-L-E-P-A-G-A.

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You swear to affirm to tell the truth, the whole truth, nothing but the truth? I do. Thank you,

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sir. Please proceed. Okay, I just wanted to, I know we sent a letter of support, and I just

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wanted to acknowledge that for the record, Chair, and that's the only statement I had.

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Thank you. Again, there are notes here, and if I missed it, I apologize, Mr. Mulvihill. There

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were provisos it had to do with removing a tree that's in an alleyway okay not enforceable okay

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very good thank you um anyone else would like to testify please raise your hand

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no further hand at this time sir thank you planning commission

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good morning chair and members of the board this is aisha under with the philadelphia city planning

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commission a y s e u n as in nancy v as in victor e r you swear for him to tell the truth the whole

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truth nothing but the truth i do thank you please proceed this property is indicated for single

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family residential use on the city plan and our adopted district plan recommends no change to the

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existing residential zoning at this location. Given the undersized dimensions of the lot and

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the proposed application closely matches its neighbors, Planning Commission recommends that

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the requested variances be granted. Thank you very much. MI 2020-000120-1933 Mountain Street,

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my vote is yes. Confessor Plaza, my vote is yes. James Snell, my vote is yes. Thomas Holloman,

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my vote is yes thank you members of the board thank you item number four mi 2021 that's zero

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zero zero five one one two zero four two east ontario street sharon do we have any exhibits

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i do not have exhibits um i'm not i know that miss sunkett checked on another case but

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but I don't believe we have exhibits.

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We do have letters in opposition.

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Is Reginald Mozil, N-O-Z-I-L available?

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Mr. Chair, I have a call-in user with their hand raised.

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I can allow them to speak at this time, if that is all right.

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I'll do so right now.

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Call-in user, please unmute yourself

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and wait to be sworn in.

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hello good morning please identify yourself spell your spell your full name and i'll swear you in

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you know this is um tiffany green from consensual point please i wanted to speak on um 1933 mountain

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street but you already taken the vote so uh that's the point i'll just send in a reconsideration

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Thank you. Thank you. Again, 2042 East Ontario.

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Is this our first listing, Tanya?

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Ontario? I'm not sure, Chair. I can look, but for the record, we examined the RCO ZBA email box

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and we did not receive any exhibits for this property.

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This is Sharon. I did check all of my prior case summaries and couldn't find any record of it having been listed before.

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All right. Unless it's been, if it has been continued, we'll

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Chair, my recommendation would be a continuance.

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i'm sorry this is tanya yeah i got it thanks tanya mi 2021-000511

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2042 east and ontario's continued must be heard

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number five on our list is a resumption hearing mi 2020-003380 230-36 vine street

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number five on our list is a resumption hearing am i

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there's a letter of opposition from the rco and councilman swilla as we most people know this

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as a continuation of the resumption hearing we had a lot of testimony at the first round

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will call on the applicant's attorney, Mr. Matteoni.

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And I believe there was a red neighbor

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who lived across the street.

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