civus
Hearing video

ZBA Hearing - February 3, 2021

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

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

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Yes, to all of the above.

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Yes to all of the above.

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Thank you.

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Thank you.

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You may proceed.

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Thank you.

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Can I share my screen?

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Sure, you may.

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Is that viewable large enough?

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Absolutely.

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

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Henry Clinton here on behalf of the applicant of WoodTech Properties, LLC,

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and Wojtek, V-O-Y-T-E-C, Spadlo, S-P-A-D-L-O,

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is also on the call with me.

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This is the cover sheet of our presentation binder,

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our table of contents, AA through A-10.

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Appearance statement for the board.

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Refusal, this is a pretty straightforward matter.

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This property is currently in an RSA 5 zoning district,

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and the request is to permit a two-family dwelling on this long vacant lot.

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We did meet with the Somerset neighbors for better living.

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They would like to see something develop on, as I said, this long vacant lot.

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So this is a letter of support, which is in my package.

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Photos of the property.

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You can see there's some development on the street right now,

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but there are a number of empty lots.

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This is our lot in particular at 2060 East Rush, RUSH Street.

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It's a relatively big lot, a little bit more than 16 feet wide, and a depth of 61 feet.

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You can see some unsightly looking lots still remain on the block, and this is our lot right

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here where we're proposing a two-family dwelling.

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the plans again are pretty straightforward mainly brick and some party board plank siding on the

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front with four floors floor plan i can walk through first unit is basement first and second

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floor second unit would be second and third floor with the rooftop deck so there's open space for

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So the second unit and the first unit has its open space in the rear yard.

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The rest of the documents are, you know, the D, the typical documents that we're required to present to the board.

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Our notice of mailings, certificate of tax compliance, application for appeal, and our zoning map.

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so we have a situation where it's kind of a unique

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layout where there's a number of vacant lots on the street the community development group would

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like to see some development on this lot my client is willing to construct a two-family dwelling

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on this larger lot we don't see this as impacting any lighter air on either side of the property

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it's not detrimental to the community

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it really is in harmony with

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the block in harmony with the code

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and in harmony with

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what Somerset neighbors for better

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living would like to see on this particular block

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so if there

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are any questions from the board I'll entertain them

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and if not I'll ask my client

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if he can be unmuted

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and

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adopt my testimony as his own

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put your client

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on and we'll square them in. Mr. Spadlow are you available? Raise your hand so you can be unmuted.

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Please raise your hand so that you may be unmuted.

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Roy Tech this is Hank are you on the call?

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Clinton and me may be having technical difficulties as an officer the court will

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stipulate that your client would have adopted your testimony. Thank you Mr. Chairman I do

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appreciate that. Have questions from the board? No. No. No. No. Anyone else like to testify in

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this case please raise your hand.

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No further hands at this time, Mr. Chair.

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You, Planning Commission.

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Good morning, David Fecto, City Planning Commission, Mr. Chairman, members of the board.

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The comprehensive plan recommends residential single-family use for this property.

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This is a block of two-story single-family homes and some three-story single-family homes.

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There is no evidence of any multifamily units on this block.

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In fact, several new single-family homes have recently been built on this block.

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There are no unique physical characteristics of the lot that would require two units.

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We recommend against granting this variance.

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No other multifamilies you're saying on this?

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no other multi-families you're saying on this block

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david not as far as i can tell mr chairman and we did discuss this with the community group

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several of whom live nearby and it was their feeling that they want these lots filled in

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and if someone is willing to come onto the block and construct the new construction like

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my client is willing to do. It's going to fill in an empty lot, but also it's going to make

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some affordability, either in terms of renting a one unit or the second floor, or if he decides to

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sell them, it will make it more affordable than someone who would want to buy and spend a lot

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more money for a single-family home. So it's bringing density and more foot traffic to the

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black into the neighborhood. Thank you. MI 2020-002199-2060 East Rush Street. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes. My vote is yes.

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Harrell 7 and 8 go together. Thank you, Chair. Calendar number 2258-2139 East Harrell Street,

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number two and calendar number 2259 2141 East Harold Street. This is Sharon Saleta. I believe

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these are Leo Mulvihill's cases and we have no exhibits. We do have letters of support from

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the Neighborhood Association and from Councilman Squilla. There is no, this is the first listing

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for both. Okay, so MI 2020-002258, 2139 East Harold Street, and MI 2020-002259, 2141 East

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Harold Street are continued. Calendar number 2202-2601 South Marshall Street.

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The attorney is Raymond Durizio.

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Mr. Durizio has been promoted to panelist.

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He's already been sworn in, Carol.

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Okay.

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

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I do.

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and have you emailed the exhibit packet with proof of ownership tax compliance refusal referral

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photos and plans of the property five days in advance of this hearing and have you met with

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the rco and do you have a letter yes you may proceed thank you may i uh share my screen with

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some of these agreements? Thank you.

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If I could just...

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I'm sorry, I'm just accessing this. This is 2601 Marshall Street. Our application is for a two-family

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dwelling. I believe on the note, if I could pull up the

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refusal, and I'm sorry, I'm just trying to pull this up, and I'm

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having a problem. I'm sorry with this.

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Jeez.

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I believe the

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The zoning district is RSA 5.

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My client's property is on the southeast corner.

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It's Marshall Street at Shunk.

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He's owned the property since 1987.

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I'm sorry.

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I'm trying to pull up my files in one moment.

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If I can ever get this.

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sir um do you see i'm sorry i'm having a problem pulling up he's he's had the um but i will

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get these i'm being denied access here on my screen however he's owned the building since 1987

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it is a two-floor property it does have separate utilities it's a corner property it was cmx2 i

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believe the first floor he had a plumbing business there originally some years ago

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now he's seeking to do residential on the on each floor we have met with the

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On each floor, we have met with the Whitman Council.

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They have not opposed our request.

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I'm sorry if I can.

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For some reason, I'm being denied access to pull up my exhibits.

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We have attached that non-opposition.

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The property has separate entrances. It has a garage. There is some open space. The second floor has a deck area. If I can ever get you the photos, I apologize.

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um mr teresio if if it helps i do have the refusal in front of me yeah there's a single

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youth refusal for minimum lot area for three dwellings um 1440 i believe it says is required

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and you have 1072 yeah and i think that refusal is an error because it's only a two

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family duplex a two family dwelling that we were seeking in fact i did email back the examiner when

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i received this because it had a totally different property on there and you'll probably see it in

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the packet that i put um fourth it said the northeast corner of huntingdon street so i think

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there was an error there but it's only two units that we were seeking um not three um it doesn't

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have the room it's two floors it's only two units and i'm sorry i'm trying to get my exhibits up and

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i i apologize for taking your time and doing this in the meantime why don't we do this uh you're

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having technical issues yes your exhibits are accurate would you want to bring your client on

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yes he's already been sworn in so we just ask him if he adopts your testimony yeah

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mr liuzzi could you raise your hand so you can be brought in

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mr lucy has been allowed to speak okay can you hear me

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okay go ahead okay mr leo so you're the owner of this property yes okay and you heard the

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testimony that i provided to the board regarding um your request for a variance yes and was it

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true and accurate to the best of your knowledge information and belief yes okay and would you

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adopt it as your own yes okay thank you any questions from the board no no no no

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anyone else would like to testify in this case if so please raise your hand

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no further hands at this time mr chair thank you planning commission good morning david

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vecto city planning commission mr chairman members of the board the comprehensive plan

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recommends this property for for residential single family use this appears to be a legalization

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of a two-unit building we do not object to granting this variance thank you mi20 excuse

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me this is Sharon. Can I suggest since the refusal is mistakenly identifies it as three dwelling

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units if you approve it could it be with a proviso maximum two dwelling units with other uses as

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previously approved? MI 2020-002202 2601 South Marshall Street my vote is yes with the following

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proviso maximum two units and what was the other part of that sharon with other uses as previously

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approved because i believe there is a first floor commercial use is that correct mr dorizio yeah

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there it was previously approved we're not looking to utilize that commercial use on the first floor

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can i speak a second in that case it can just be maximum two units hey guys hey guys can i speak

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Yes, there is a little garage

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they store trash in, so

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as far as commercial use, it is not

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as a commercial use for a parking warehouse.

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Maybe a little bit of construction

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stuff, like a little scaffold I might put in there once in a while.

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That's not an issue, but thank you.

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Okay, all right. Thank you.

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Okay, so that's a proviso

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maximum two units.

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Thank you.

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My vote is yes with proviso.

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Yes, with proviso.

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yes with proviso yes with proviso the next case calendar number 2196 2655 emerald street

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has been continued next case calendar number 2201 2649 east clearfield street

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you stay one second i would just stay on mr leucci you need to you're still on you have to mute

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yourself or hang up, whatever's easier.

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He's been muted.

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Or hang up, whatever's easier.

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I didn't mean to interrupt, Carol, but I'm getting feedback.

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That's okay.

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I understand.

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Calendar number 2201, 2649 East Clearfield Street.

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Jennifer Bedzillo is the attorney.

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Ms. Bedzillo has been promoted to panelist.

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Thank you. Once I see her or hear her.

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Excuse me, ma'am.

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I just unmuted myself.

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Okay, can you put your name and address on the record and spell your last name, please?

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Sure. Jennifer Bezidlo, B as in boy, A as in apple, Z as in zebra, Y, D as in David,

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L's in Larry, O's in Oscar.

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Sorry, I was 4500 Worth Street Suite D202, Philadelphia, Pennsylvania, 19124.

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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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I do.

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

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photos and or plans of the property five days in advance of this hearing, and have you met with the

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RCO, and do you have a letter? Yes, to all of that. Okay, you may proceed. All right, may I share my

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screen? Sure, we love screens. Okay, let's see if I can get it done here.

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Okay, so I'm here today with the owners of 2649 East Clearfield Street, Justina and Rafael,

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who are a husband and wife who own this property together. I've emailed in and

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am presenting a packet with the refusal, deed, proof of property, property, proof of tax, excuse me,

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tax compliance, sorry, a letter of support from the Southport Richmond Civic, community

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notification records, aerial views of the property, zoning map, use permits for other

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multi-unit properties on this block, photographs, and plans. So the refusal,

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deed, tax compliance, and the RCO letter. All right, so 2649 East Clearfield Street

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is a 1,912 square foot RSA 5 zone parcel with an existing 1,884 square

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foot structure on it. It's located on the north side of Clearfield Street between East Thompson

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