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Hearing video

ZBA Hearing - February 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 3, 20215h 41m

Thank you. Good morning, everyone. I apologize for the delay. The board had to go through its

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annual ethics training. So we are going to begin our cases now. Again, we apologize for the delay.

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My name is Frank DiCicco, and I'm the chair of the Zoning Board of Adjustment. I'll be

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participating in today's hearing along with our vice chair, Ms. Carol Tenere, board secretary,

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confessor plaza, and board members, Mr. Thomas Holloman and Mr. James Snell.

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excuse me sir i just want to ask um you might want to wait just a little bit because the

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attendees are still coming in oh i'm sorry i forgot yeah i i thought because it was starting

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late that was already who knows sorry to interrupt oh no i'll start over again when you're ready

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thank you i am here it's snowing again in case anybody's interested oh my gosh i can say it

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right now Frank do I have two minutes to walk away yes okay I'll be right back

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okay so when Mr. Cenari comes back we should be good to go

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thank you

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Thank you.

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Thank you.

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Thank you.

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Okay, Frank, we should be ready to go.

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Okay, good morning again everyone.

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My name is Frank DiCicco.

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We apologize for the lateness of starting this morning's hearing, but the board had to go

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through its annual ethics training session this morning.

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As I said, 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 Vice Chair, Ms. Carol Tenere, Board

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Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator, Mr. Jason Hand, and our Board Attorney, Ms. Sharon Saleta are also

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in attendance.

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For those of you who haven't yet participated in our virtual hearings, I'll go through some

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the basics of what you can expect. First, we will be administering oaths to individual

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participants prior to their testimony. Second, we'd like to advise everyone that this proceeding

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is being recorded and that by participating you acknowledge your agreement to be recorded

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and also to remind everyone that this is being recorded and will be available to the public

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on the web or otherwise if anyone is participating by phone please if you wish to testify you must

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raise your hand by hitting star nine and then star six to unmute yourself i'll repeat for anyone

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participating by phone if you wish to testify you must raise your hand by hitting star nine

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and then star six to unmute yourself finally to enter an appearance statement call google

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267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat. To enter an appearance statement, call Google 267-270-5548 and leave your email

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5548 and leave your email address and the address of the property at issue I would also like to

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address and the address

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remind everyone to please do not attempt to testify in the chat any comments should be

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directed to our board administrator with that I believe Carol if you can call those

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add-ons and the reconsideration's off okay the add-ons are

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the add-ons are calendar number 0945 3965 Lancaster Avenue

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we're voting that yes

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my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

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Thank you. Calendar number 2752, 4317 Ludlow Street.

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Is that for a reconsideration?

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The record's closed and it's to be voted today.

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It's Rachel Pritzker's case.

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Lancaster Avenue again?

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Ludlow Street.

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Margaret's case?

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No, this is Rachel Pritzker's case. It was eight dwelling units, refusal for parking,

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two required, zero provided. Okay. My vote is no. My vote is no. My vote is no. My vote is no.

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My vote is no. My vote is no. Sharon, those are the only two add-ons, correct?

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That's right. And then there are the reconsiderations.

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okay calendar not these are the reconsiderations calendar number 2118-2105 Ellsworth Street

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the other one behind 2-2107 Ellsworth Street and you know I saw that and I ignored it calendar

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number 2116-2107 Ellsworth Street my vote is yes for reconsideration and rehearing

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my vote is yes for reconsideration and rehearing yes to reconsideration and rehearing yes to

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reconsideration and rehearing yes to reconsideration and rehearing calendar number 1383 4003 filbert

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street my vote is yes to reconsideration and rehearing my vote is yes to reconsideration

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and rehearing. Yes to reconsideration and rehearing. Yes to reconsideration and rehearing. Yes to

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reconsideration and rehearing. Calendar number 0547 3761 Glen Street. Yes to reconsideration and

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rehearing. My vote is yes to reconsideration and rehearing. Yes to reconsideration and rehearing.

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yes to reconsideration and rehearing yes to reconsideration and rehearing

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now the continuances and withdrawals are as follows calendar number 2668 1331 north 17th street

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it's leo mulvihill's case

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uh that case is continued correct that case is continued sharon

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why don't we do we'll read them all off and then we'll ask if anybody has any objection

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okay calendar number 2196 2655 emerald street

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is continued calendar number 0645 549 east loray street that's withdrawn anyone have any objection

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to the cases that have just been read to either be continued or withdrawn please raise your hand

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there are no hands at this time Jason are you there thank you uh is there anyone else anyone

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If anyone else would like to request a continuance or withdrawal, please raise your hand at this time.

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Mr. Chair, I have a Mr. Raymond Derizio.

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Good morning, Mr. DeRizio. Please identify yourself with the record. Spell your full name.

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According to Mr. Derizio, please identify yourself with the records, spell your full name.

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Wait a minute. I don't know where he's going. He had his hand up a moment ago now.

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Mr. Chair, maybe he had his hand raised in a mistake. My bad.

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his cases of one of the cases we we called out as being continued 2655 emerald street

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excuse me did you say um raymond derizio yes i can see him on my end if you want i can promote him

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okay he has been promoted panelist okay thank you good morning mr derizio

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please identify yourself for the record. Spell your name.

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Mr. Dorizio, are you there?

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He's not here and he put his hand down so I would suggest you continue to.

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thank you okay any other hands up for continuances or withdrawals

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i see no hands here thank you carol i think we can proceed with the rail

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has his hand raised and another uh individual mark we use yes his hand is raised as well okay

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I just promoted Mark Leuzzi to a panelist.

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Good morning, sir. Please identify yourself with a record. Spell your full name.

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Mark Leuzzi. L-E-U-Z-Z-I.

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

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Yes, I do.

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And you're here on what case, sir?

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2601 South Marshall. Legalize a duplex.

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are you asking for a continuance no i am not ray is not answering and i know he told me to jump on

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so he should be there okay well yeah that case we'll call your case up uh it's on our list so

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when we get to it well your attorney might be available okay sorry guys no problem

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Mr. Chair, I have a Petra Gamble. I will promote her to panelists right now.

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Ms. Gamble, you have been promoted to panelists.

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Good morning, ma'am. Please identify yourself with the records by your last name.

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Good morning. This is Petra Gamble. Last name is G-A-M-B-L-E.

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i'm here representing the coordinating rco point breeze uh cdc you swear to firm to tell the truth

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the whole truth nothing but the truth i do please proceed please forgive me i don't understand how

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these things work for reconsideration when we find out the date of the rehearing

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i'm sorry for 2105 and 2107 uh ellsworth sorry street uh you will be notified by staff

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only if they have put their name in as um an attendee and they've recorded that that they

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were an appearance then the dates will be published on the zba calendar and those who are have put in

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a parent statement will get notification via email excuse me this is sharon i believe the rco in

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making that request was also represented by an attorney steve masters who should be able to

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yes okay thank you thank you have a good day you too thanks

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jason are they the only hands

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no mr gerizio has his hand up has his hand up i will promote him to the head of panelists right

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now thank you mr gerizio you have been promoted to panelists please wait to be sworn in sir

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Please identify yourselves by your last name for the record.

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Yes.

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Good morning, Mr. Chairman, members of the board.

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Raymond Dorizio, R-A-Y-M-O-N-D-D-O-R-I-Z-I-O.

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Address to Penn Center, Suite 520, Philadelphia, PA, 19102.

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This is a continuous request.

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Do you aspire to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Thank you.

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What case are we talking about?

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This is calendar number MI2020-002196. It's 2655 Emerald Street.

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you did you regret that we read that off as being continued is that what you're sorry

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We read that off as being continued. Is that what you're saying?

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I'm sorry.

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yes i had a poor connection in the beginning no problem okay that case will be continued

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and we'll get back to you on the marshall street case in due time thank you thank you

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anyone else the chair mr sloan folks has been promoted to panelists to speak thank you good

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morning, Mr. Folks. Morning, Chair. Can you hear me? I just got kicked off. Yes, we can. Please

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identify yourself, and I'll swear you in. Good morning, sir. Sloan Folks, S-L-O-A-N-E, F-S-A-F-I-R,

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O-L-K-S, Office of Counseling Maria Keyones-Sanchez, room 508 City Hall.

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We're going to affirm to tell the truth, the whole truth, nothing but the truth.

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Yes, sir, I do. I apologize if I missed this, but our office is requesting a continuance for meeting number MI-2020-002200, 4513 Takawana Street, as they have not met with the coordinating RCO and there has not been any community input.

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We don't have any exhibits. Has this case already been continued?

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I have it as the first listing chair that case will be continued MI 2020-0022004513

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Takawana is continued thank you much thank you any other requests

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no further hands at this time mr chair okay i think we can begin carol okay calendar number

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2260 1017 west huntington street the attorney is cheryl gaston

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Ms. Gadsden, can you hear me?

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Gaston, are you available? You may unmute.

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Okay, I'm here. Ms. Gaston, can you put your name and address on the record and spell your

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last name, please? My name is Cheryl Gaston. It's C-H-E-R-Y-L, Gaston. G as in George,

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H-A-S as in Sam, T-O-N.

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I'm with Spruce Law Group, LLC.

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The address is 1622 Spruce Street in Philadelphia.

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Thank you.

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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 waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Hold on.

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I mean, okay.

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Okay, final questions.

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Final questions.

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have you emailed an exhibit packet with the required documents which are proof of ownership

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tax compliance refusal or referral photos and or plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter yes thank you you may proceed

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Okay. Good morning, members of the board. This is a zoning request concerning 1017 West Huntington Street in Philadelphia.

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It is to legalize and or to otherwise add one additional residential dwelling unit to the first floor rear of this particular property.

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the property was sold to my client as having three residential units and the one commercial.

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Ms. Gaston, do you have any exhibits you can share with us?

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Yes.

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Okay.

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Can I share a screen here?

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Sure.

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Okay.

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Okay. Can you see the screen? Hello?

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Yes. Yes, we can.

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Yes, we can.

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Okay. So this is the property here. The request, it's a small ask. It's just to legalize this

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one additional unit. This is the deed for the property, which was included in the exhibit packet.

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And again, my client bought the property with the representation that there were

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three units that were approved as well as the one commercial unit. So this application is

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just to legalize the one unit. When he went to go and get residential rental licenses,

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he was told that only the two units in the front were approved along with the commercial space.

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This is the notice of refusal, which is just for the one additional unit. The variance is required

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because the minimum lot area for three units is 1440 square feet to 1919 square feet. The lot

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is 1072 square feet. So there's a need for the variance to get the additional space.

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This has taken a little while to get here because it was originally submitted as a paper

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application, and then we, with the COVID restrictions and what have you, we then

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converted it to an online application. The property, that's the tax clearance. This is the

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site plan, which shows the additional unit, which is in the rear of the property.

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We have pictures of the posting and of the actual unit which is here. This is the first floor,

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this is the living room, there's a kitchen. It's a kind of bi-level unit so it's first floor bathroom,

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bedroom there's a hair salon in the front well what it's supposed to be is a hair salon and

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that's what the licensing is for um again because of covid they have not occupied the property yet

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and then there's i've included some pictures of the other parts of the property the second floor

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in the third floor units, even though they're not really part of this particular application.

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We did meet with the community group. They sent a meeting summary form. There were 12 attendees,

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and this was approved by all 12 in support. And again, that's our notification letter.

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the addresses where we sent the notification letter and our certificates of mailing which

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were all part of the packet. So again what we're asking for is just to basically legalize this one

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additional unit. The code basically says that the fact that a unit or a lot is undersized

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doesn't mean that it can't be used. This one is nonconforming because it is undersized

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even for what is already approved. My client is basically a bona fide purchaser for value.

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he purchased what he thought was three units and the commercial space and without this variance

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then he's going to either have to try and convert the property which is the quintessential idea of

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