civus
Hearing video

ZBA Hearing - March 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 24, 20215h 56m

M-A-R-I-A.

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Larson.

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L-A-R-S-O-N.

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And my address is 247.

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rochelle avenue so i'm right next door you're swearing for him to tell the truth the whole

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truth nothing but the truth i do please proceed uh i first of all i i am definitely an opposed to

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this um for many reasons especially for the safety and concern of uh the neighborhood and the

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children um who are in this neighborhood walking and you know playing with the dog you know being

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walking the dogs and playing in the neighborhood with the children um absolutely um opposed to this

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i i wanted to say one thing um as a witness that um knowing we that there is no one that has moved

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out of 249. I don't think that's an issue, no disrespect. The issue is about whether or not

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the board will approve a parking pad. Okay. It doesn't matter who lives in the house at this

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point. Okay, that's fine. I just, again, wanted to say that it is, it's definitely a detriment to

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me and my family, along with a lot of the other near neighbors, and that we do not

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have um approved this and that um especially for the safety um of it and there is no other

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people other neighbors that are parking um in their paved yard as well um

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and i can be a witness to that okay thank you anyone else something new and different

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yes bernardo you can unmute yourself hi my name is bernardino allegretti it's a b-e-r-n-a-r-d-i-n-o

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allegretti is a-l-l-e-g-r-e-t-t-i i live at one i live at 110 rochelle avenue

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you're swearing for him to tell the truth the whole truth nothing but the truth

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I do.

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Thank you.

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Please proceed.

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I just to start off this, let's say this was sort of touched on earlier, but there was a mischaracterization of how this property fits into the character of the neighborhood.

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Anybody familiar with Wissahickon understands that it's a neighborhood characterized by houses with lots of green space.

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It's amid the Wissahickon Park.

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There are 68 properties on this block, and six of them have, other than the subject property,

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have paved over front yards. And as has been previously explained, only one of them has

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had a permit. The rest of them have had attempts to legalize their parking and have been denied.

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Since the advent of zoning, parking has been prohibited from this neighborhood,

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prohibited from the zoning category. The history of attempts for variances, as far as I can tell,

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have gone back to 1980. So this isn't a new battle that's been happening in this neighborhood.

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Unfortunately, it's a death by a thousand cuts. I've lived here since 1987.

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We have to pay attention to when somebody decides to park in their front lawn, and then we've got

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to go and seek L&I enforcement of the zoning code. And Ms. Pritzker previously suggested

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that there were no violations, there was no complaint from neighbors, but we weren't the

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beneficiary of 311 until relatively recently. So it was a much more convoluted process in

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the past to try to get enforcement on illegal parking here.

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That's speculative.

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As I said, 91% of the other properties in the block have green space in their front lawns.

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You guys have heard the same old story about creating off-street parking, helps the parking situation in the neighborhood.

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But you know that's not the case.

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But you know that's not the case. This privatizes a public asset. This is a public parking spot

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This privatizes a public asset.

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This is a public parking space.

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available to the neighbor. Ms. Pritzker claimed that the neighbor blocked in this spot. Let's

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remind everybody that that is a legal parking spot on the street. Currently this use off the street

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is illegal. So taking that away from the neighborhood is a taking away a shot that

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a spot that everybody has a fair shot to use and puts it in the hands of one property owner.

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She also pointed out that 269 Rochelle has two cars parked or has had two cars parked in front of it and was only legalized for one parking spot.

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That's another demerit towards doing this kind of legalization is that once it's legalized for one car, there's really nothing to stop two cars parking there.

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Just object to that. There's no room.

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It's unenforceable. It leads it up to the neighbors again to go make code violation complaints.

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And then the code inspector has to come out and catch them parking two cars there.

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And all they have to do is move one car out of there until the violation is cleared.

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And then they can start parking two cars there again.

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So legalizing this parking spot is going to be a burden for the rest of the existence of this property

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on the neighbors to enforce it being one parking spot

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as if that was in the character of the neighborhood.

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So just to comment on that, I did look up the 269.

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They were granted a variance for two cars.

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Our property is 15 feet wide, so the curb cut is,

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so you wouldn't be able to get two cars in there.

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You need at least an 18-foot curb cut to do two cars.

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Just to mention that.

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I can't hear you, Mr. Chairman.

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There's a pause for one minute while he comes back in.

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Can you hear me now?

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Yes, Chairman.

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yeah you said um 269 was granted for two-car parking it's also a wider i saw that when was

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that when was it granted i can share these my screen uh you probably told me already but just

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1993 1993 yep all right uh we're going to be moving along here is there anyone else to testify

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has something new and different the only other thing i wanted to mention mr chairman is um

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Mr. Allegretti lives a quarter mile away from this property.

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So to say that it's detrimental to him, I think is a stretch, but I understand the point he made.

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The other thing I wanted to mention, because it keeps being brought up, is as the board well knows, every property is different.

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You want to look what's in character, but every property is different.

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And there's plenty of situations where one property on a block or two or three get variances and another doesn't for very separate unrelated.

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We don't know what happened at those board hearings.

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I wasn't there. I don't know if anyone at the board was there, but I would appreciate that

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distinction recognized. Understood. So noted. Thank you. There, we have a Nicole.

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She's also from the same RCO. Healy? Yes, hello? Hi. Please identify yourself. First and last

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name. Spell your last name and provide us with your address. Nicole Healy, H-E-A-L-Y. Address

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637 Barnes Street, Philadelphia, Pennsylvania, 19128. I am president of the RCO.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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And if you can provide us with something new and different, that would be helpful?

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I just want to comment on the meeting summary that Ms. Pritzker included in her packet.

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That is actually not our meeting summary. That email came from me directly, so I feel

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as though I can speak on it, I sent that out the day after the meeting to attendees of

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the meeting to share the voting results.

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And as a courtesy, I copied Ms. Pritzker on the email because we had exchanged many emails

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between myself and her team in the months leading up to the meeting.

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That was not meant to take the place of the meeting summary that our zoning chair, Daniel

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Flesher sent prior to this meeting last week and which I was copied on all the materials that he

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sent. And in closing, I just want to say that the RCO is firmly opposed to this application. There's

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no question about it. We are opposed. Nicole, are you aware that I wasn't on any of those emails

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for any additional documents besides the email I provided?

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It does appear you were not copied on that. I was not aware that you needed to be copied.

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uh i was not aware that you needed to be copied we were not copied on any of your materials to

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We were not copied on any of your material.

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respond to um what you're putting out there uh so it does appear that you were not copied

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to answer your question yeah the rco instructions do not

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right the instructions do not tell us to copy you excuse me everyone thank you tanya uh mr

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Flesher, please let Ms. Haley finish and then we'll get to you.

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The instructions that I tried to follow to a T do not tell me to copy opposing counsel.

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So we did not.

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Now I know that's a mistake.

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Nicole, the only point I was making was that it's the only thing that I had.

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And so when the board asks us to submit documents in a letter from the RCO and that's all that was sent to me, that's what I copied.

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It was not in an attempt to not include other documents.

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I wasn't privy to any other documents okay well you've not had a problem getting a hold of me

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before Rachel so if there are missing documents I wish you would have reached out to me all right

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ladies okay um let's see who else was that

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anyone else new and different please

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questions from the board we have a mr peter i'm sorry chair the owner's on his own not allowed

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to speak yet all right mr evans

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jesse are you there hello can everybody hear me yeah mr evans please identify yourself again

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My name is Jesse Evans. It's E-V-A-N-S. I am the property owner at 249 Rochelle.

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Are you swearing the firm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed.

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Go ahead, Jesse.

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So my point of view is this. I bought the property, and for about three and a half years,

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I was parking on the current spot, and I haven't had any problems.

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When I purchased the property in the very beginning, it was in the listing that there was parking included.

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As I went through the process, I talked to Don, the older owner of the house.

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He assumed, as Joe Beller mentioned, that this parking spot was a valid spot.

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since the three years um the next door neighbor i don't know if they had an argument with the

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tenant or whatever happened there i'm not sure they started to do the 311 and contact lni and

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to my knowledge i didn't know that it wasn't legal so then we started getting these violations

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what i assume is the next door neighbor was parking in the curb cut location

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for his personal use because it's the next door. It's right there because no one was parking in

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that spot. On top of that, if the cops do come out to the site, which they've been called many

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times, they will not ticket that car in the spot. They actually told our tenants to put a note on

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the window telling the towing company that we are in the house and this is a spot. They will not do

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it so really what this comes down to is lni and this being a zoning requirement i just look at it

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as i bought it with a parking and the parking's been there for over how many years so um i don't

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know what else to say i just want to do the right thing and get this passed so it's there just like

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269. You live at this property? No, I own that property. It's a rental property? Yes.

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Thank you. Mr. Chairman. Mr. Holloman. Not a question, but a comment. In my opinion,

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it seems as though the buildings were originally designed for front lawns and not parking.

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that's just my opinion that's it appears that way yeah i agree all right again any questions from the

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board no planning commission good afternoon david fecto city planning commission mr chairman

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members of the board the comprehensive plan recommends this property for single family use

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This appears to be an existing curb cut and parking pad built without the benefit of permits.

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We recommend that the Board deny the requested variance.

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Okay, thank you. MI 2021-000184, 249 Rochelle Avenue. My vote is no.

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249 Rochelle Avenue.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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Number 6.

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Yeah, calendar number

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0337

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3636 Haberford Avenue.

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The attorney is

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Henry Clinton.

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Mr. Clinton, can you put your name and address on the record and spell your last name, please?

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Sure. Henry Clinton, C-L-I-N-T-O-N, 1313 South 33rd Street, Queen Memorial Building, Philadelphia PA, 19146.

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Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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

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I do.

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

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photos under plans of the property five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter?

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Yes to everything except plans and the letter were sent two days ago rather than five.

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Okay, you may proceed.

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Thank you.

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Good afternoon, Mr. Chairman, members of the board, Henry Clinton for the applicant who

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is on the call with me.

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His name is Turlock Hart, and may I share my screen?

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Yes, sure.

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Is that visible enough?

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Yes.

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So this is 3636 Haverford Avenue. This is my presentation binder containing Exhibits AA through A11.

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This is the Purim Statement, the refusal. This project, and I'll show you photographs of it as we work through this, this project was built as of right with a zoning permit from, I believe, 2018.

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and it's an existing commercial on the first floor which is unoccupied and dark

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and three apartments above so that was issued as of right several years ago because the commercial

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is unable to be rented and we'll have testimony on that we're coming back to the board and asking

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to make that large commercial space which is about 2400 square feet make that two apartments

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So this existing commercial and three-unit building will then become five apartments with no commercial if we're successful today.

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This is the RCO letter.

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You'll see that it was a tie vote, 7-7.

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And as a result of that, the RCO did not reach any agreement on this project.

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And I just wanted to point out to the board some of the issues that were raised.

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and one of the issues we've addressed since the vote was taken.

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There was some concern about the basement and the first floor unit layout and size of the windows.

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We originally had bedrooms in the basement and the revised plans that we sent it,

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and it only concerns internal of the building.

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The revised plans have now moved the bedrooms to the first floor.

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so this is an aerial photograph of the property and prior to 2018 it was a vacant lot and we're

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looking south here so this is penn presbyterian hospital and the university of pennsylvania

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buildings there the commercial corridor for this neighborhood is lancaster avenue which is about

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two or two and a half blocks south of this property and then all the properties along here

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are our commercial zone commercial but there's many residential this these two properties here

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happen to be a church there's a large apartment complex over here and there's going to be a

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