civus
Hearing video

ZBA Hearing - August 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 28, 20245h 58m

Michael Tomasetti, please raise your virtual hand.

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Chair, I see the phone number,

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but the caller isn't raising their hand.

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Okay. Thank you.

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Is there a way to raise your hand on that you can say out loud so he can try and do it like if he's dialing in?

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Tomasetti?

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Mr. Tomasetti?

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and star nine to raise your hand,

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star six to unmute.

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Thank you.

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Mr. Tomasetti?

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Chair, he may be having some technical difficulty.

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His hand still isn't raised.

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Mr. Consul, you are an officer of the court.

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We will accept your testimony.

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Questions from the board?

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No, Chair.

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questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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chair i see no hands at this time planning commission

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good morning mr chair dan powers with the philadelphia city planning commission

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d-a-n-p-o-w-e-r-s you swear or affirm to tell the truth the whole truth nothing but the truth

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i do please proceed i'm going to enter testimony for both 2170

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north franklin street and 2172 north franklin street if that's all right thank you yes please

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the comprehensive plan recommends no change to the cmx2 zoning at this location the proposed

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use will have no detrimental impacts of the adjacent properties the city planning commission

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recommends that the board grant the variance for single-family residents. Thank you very much. So

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number nine, MI 2024-002-011-2170 North Franklin, and number 11, MI 2024-002-0770.

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And number 11, MI2024-002-074-2172, North Franklin, I vote yes to both.

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Cheryl Gaston, I vote yes for both.

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Iowen, I vote yes to both.

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Tanetta Graham, yes to both.

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James Snell, yes to both.

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Yes, Marsha, I hear my vote is yes to both.

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Thank you. And number 10, which we will also hear at the same time, 16 and 21.

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So number 10 is MI2024-002-012-928-Edgely.

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We go to number 16, MI2024-002-228-924-Edgely.

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And what's the next one?

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16 here.

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Hold on.

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I'll be right with you.

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And number 2021, MI 2024-002-235-936, Edgley. Mr. Consul represents all. Please proceed, sir.

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Good morning, Joseph Consul.

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I recuse myself from these cases also.

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All right. Thank you.

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Good morning, Joseph Consul. On behalf of Chivetta Property Group, LLC, I have already spoken of the May 13, 2024 agreement with the Philadelphia Land Bank to develop these properties as single-family homes.

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These three properties on Edgley are all part of that same May 13th, 2024 agreement.

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And similar to the properties we just spoke of, the properties on Edgley will be developed as single-family homes.

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However, the difference for these Edgley properties is that these are all zoned I-2, medium-light industrial.

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So unlike the other properties we spoke of and those that we will speak of, there is a different set of refusals for these properties in that I-2 zoning prohibits single-family household living.

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It doesn't prohibit household living, but single-family homes are prohibited in I-2 zoning districts.

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So here's the refusal for 928, which was the first on the chairs list. And there's two refusals. One is for the single family use being prohibited. And one is because the backyard depth is proposed to be seven feet instead of the eight feet required. And again, my clients matching the size and backyard length of the other properties on Edgley here.

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Again, we've included the letter dated August 6th from 8 p.m.

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I've addressed their concerns regarding affordability, regarding the potential to rent these properties,

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and regarding the restriction on selling the properties and how that may impact the initial purchasers and their families.

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Our proof of mailing.

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proof of the photos, showing the vacant lots that will be developed upon. This is 928.

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And then we included, again, the sketches from Modo Design Shop showing the three-bedroom,

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two-bath homes that will be developed here. You know, even though that part matches,

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you'll notice slight changes in the designs based on how the properties are situated on the block

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and things like that. And their tax clearance certificate. That was for 928. I'll move on to

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the second on the chairs list, which was 924. Again, this was I2 zoning. This one, there's only

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one variance. The backyard is in fact eight feet for this property. This property is seeking

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of variance because single family household living is not allowed in the i2 zoning district

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there's our letter approved mailing

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photo of the exterior of the property again because 924 and 928 are next to each other

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it's a large vacant lot that we've posted for these properties

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and our drawings and the tax clearance certificate and then finally was 936 edgley

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And then finally, it was 936, Edgley, a refusal.

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This, again, we believe has two refusals, not believe,

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but one is for single-family living

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and the other is for rear yard depth.

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I believe that that's a seven foot versus an eight foot,

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though that isn't indicated on our refusal here.

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Letter from the RCO.

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Group of mailing.

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This lot is not contiguous with the ones we just spoke of, so there's different photos

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showing the posting on the vacant lot, and the drawings showing the design for the property

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by moto as well as the tax clearance certificate with that i'll rest on these three edgely properties

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uh i don't know if mike has found the star nine he texted me and said that he couldn't it wasn't

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please bring him on uh mike if you're able to is star nine working

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Mike Gaston, please unmute yourself and wait for the chair.

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Good morning, sir. Could you please state your name and spell it?

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My name is Michael Tomasetti, T-O-M-A-S-E-T-T-I.

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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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Yes, I do.

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Please proceed, Mr. Consul.

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Good morning, Mr. Tomasetti. Did you hear my testimony just now regarding your properties on Edgley Street, specifically 924, 928, 936?

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Yes, I did, Joe.

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

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Yes, I do.

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Thank you.

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Questions from the board here.

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Just one. Did I see trash enclosures on these?

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plans. No, there are no trash and closures. These are single-family homes.

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I'm sorry. That's okay. All right. Questions or comments from our attorney, Hillary Ambers?

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Not at this time, Mr. Chair. Questions or comments from the virtual audience?

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chair i see no hands at this time planning thank you planning commission

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good morning dan powers with the planning commission

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i'd like to testify for 928 edgley 924 edgley and 936 edgley at the same time if that's all right

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please the comprehensive plan recommends changing the zoning at this location from i2 to rm1

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forgive me, at these locations, the proposed use will have no detrimental impact to the adjacent

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properties. The City Planning Commission recommends that the board grant the variance

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for single-family residents. Thank you. So number 10, MI 2024-002-012-928-Edgley,

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And number 16, MI2024-002-228-924, Edgley.

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And number 21, MI2024-002-325-936, Edgley.

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I vote yes to all three.

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Joe Gaston, I vote yes for all three.

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Tynetta Graham, my vote is yes for all three.

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Taya Nguyen, my vote is yes for all three.

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James Snell, my vote is yes to all three.

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Thank you.

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Thank you.

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Number 12, MI 2024-002075-912 West Susquehanna Avenue.

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Mr. Consul.

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Okay.

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All right.

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So 912 West Susquehanna Avenue, Joseph Consul for Chevetta Property Group, 912 West Susquehanna was entered, was, is part of the development agreement between the Philadelphia Land Bank and Chevetta Property Group, LLC, dated May 13th, 2024.

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The property is zoned CMX2. The intent of the development is to develop this property as a single family home. There is one refusal in CMX2. There is a requirement for 30 feet of commercial space on the first floor of the property. The clients are seeking to build a single family.

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Space on the first floor of the property. The clients are seeking to build a single-family home and require a variance in order to do so.

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We met with APM on this property. I have previously discussed and addressed the concerns.

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Letter.

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Proof of mailing.

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Proof of posting on the vacant lot for 912 West Susquehanna.

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We've also included the project information form, as well as the layout showing a three-bedroom, two-bath home.

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This property, we did not immediately get a tax clearance, but here's proof of a $0 tax balance.

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With that, I'll call, if he's available, Mr. Mike Tomasetti to raise his virtual hand.

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Mr. Tomasetti, just state your name.

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Mr. Tomasetti, please unmute yourself.

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Michael Tomasetti.

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That's it. Please proceed, counsel.

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Good morning, Mr. Tomasetti.

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Did you hear my testimony just now about 912 West Susquehanna Avenue,

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and do you adopt it as your own?

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Yes, I do, Joe. Thank you.

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Nothing further.

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Questions from the Board.

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Questions or comments from our attorney, Hillary Emerson.

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just a quick clarification um mr consul the the testimony you gave um regarding the the rco letter

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um for the franklin street cases you wish to incorporate that into um your testimony for

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all 10 cases is that correct yes i would like to do that i was i was trying to do that without

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uh turning the same ground over and over again but if that's that that's fine i just wanted to

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clarify that for the record so it was clear for the stenographer that that that applied to all

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of these cases thank you it does yes that was blanket testimony as there was no comments

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regarding any specific properties uh from the rco here we're just out of curiosity don't we

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have one that's not apm uh we we do have one yeah that's true we have one we'll do that one last

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that's not apm but yeah that does apply to that testimony applies to all the apm cases all right

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thank you very much the first nine are what's the nine it's the nine apm one hillary and i apologize

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all right questions or comments oh hold on one second that one is uh it's the very end um

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that's the marshall street case okay that was that's a 37th ward rco okay

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questions or comments from the virtual audience

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i see no heads there planning commission

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good morning dan powers with the city planning commission

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the comprehensive plan recommends note uh excuse me the comprehensive plan recommends no change to

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the cmx2 zoning at this location the proposed use will have no detrimental impacts to the adjacent

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properties the city planning commission recommends that the board grant the variance for single

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family residence. Thank you. MI 2024-002-075-912 West Susquehanna Avenue, I vote yes.

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Cheryl Gaston, I vote yes. Tanetta Graham, my vote is yes.

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Iowyn, my vote is yes. James Snell, my vote is yes.

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thank you so number 14 and we will hear number 20 along with it so number 14 is mi2024

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002 25 2201 north a street and number 20

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MI 2024-002-315-2101 North 8th Street.

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Mr. Consul, please just state your name and please present.

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All right, Joseph Consul here on 2201 North 8th and 2101 North 8th Street.

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Again, these properties are part of the same development agreement between the Philadelphia Land Bank and Chivetta Property Group.

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LLC. Starting with 2101 North 8th Street, this property is zoned CMX2. In order to develop as a single-family home, we require a variance to not use the first 30 feet as commercial space.

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We met with APM on this property. We have addressed all of the concerns earlier in this meeting. Here's proof of the mailing.

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Proof of the posting, floor plans,

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Floor plans, three bedrooms, two baths, and the tax clearance certificate.

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We're moving on to 2201 North 8th Street.

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Again, this property is owned CMX2,

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so we require variants to use the first floor as all residential

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without the 30 feet of commercial space that's required by the code.

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Again, our letter from APM regarding this property.

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Proof of mailing, our proof of posting, floor plans, and the tax clearance certificate.

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Having already discussed our reasons for the variance, I'd like to call Mr. Mike Tomasetti to adopt my testimony.

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Mr. Tomasetti, just state your name, please.

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Michael Tomasetti.

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Please proceed, counsel.

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Mr. Tomasetti, did you hear my testimony just now regarding 2201 and 2101 North 8th Street, and do you adopt it as your own?

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Yes, I do, Joe. Thank you.

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Questions from the board.

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I have a question. Just curious.

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Are there different renderings for each section

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or are you trying to stick with like the same model in terms of the rendering?

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Mr. Tom said he can address that.

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I mentioned it briefly earlier, but he can explain it better

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regarding the exterior of the properties.

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So depending on what lies next to us in that neighborhood is what we develop to.

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So if it's a two-story property, we develop two-story homes.

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If they're front porch homes, the rendering may look the same,

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but we adhere to the aesthetics of the neighborhood.

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That's a great question, though. Thank you.

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Thank you.

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Questions or comments from our attorney?

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Not at this time.

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Questions or comments from the virtual audience?

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Chair, we have someone by the name of Jihad Ali.

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Jihad Ali, please unmute yourself and wait for the chair.

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All right, thank you.

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