civus
Hearing video

ZBA Hearing - February 3, 2021

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

if she's having a technical problem,

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we'll stipulate you being an officer of court

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that she would adopt your testimony.

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Give her another minute,

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but if not, we'll adopt the testimony.

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Josephine, are you on the call?

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all right well we'll again we'll stipulate that your client would adopt your testimony

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any questions from the board no no no would anyone else like to testify in this case please raise your

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hand. See no hands at this time, Mr. Chair. Thank you. Planning Commission. Good afternoon.

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My name is Greg Waldman, Planning Commission staff. You're already sworn in, so just

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testify. Just trying to find my recommendation. Okay. The properties are indicated for commercial

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mixed use on the comprehensive plan the planning commission appreciates the applicants revisions

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to reduce the number of units at two and remove all street parking accordingly we have no objection

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to the granting of the variance thank you very much MI 2020-002256 1837 South 10th Street my

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vote is yes with the proviso revised plan one page stamp today my vote is yes with proviso

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yes with proviso yes with proviso yes with proviso thank you Mr. Chair and members of

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the board have a great afternoon likewise thank you calendar number two uh strike that calendar

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number 1312-2117 South 66th Street.

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I have a Ms. Tracy Salver with a hand raised. I'll allow her to speak at this time.

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Thank you, Jason.

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Good afternoon, Chairman and members of the board.

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good afternoon can you please put your name and address on the record and spell your last name

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and could you speak a little bit louder or move the microphone closer to you yes tracy soller

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address 1019 south 8th street philadelphia pa 19147 do you

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philadelphia pa19147 do you swear or affirm to tell the whole truth and nothing but the truth

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i do have you emailed strike that as well do you also agree to waive the reading of the refusal

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and stipulate to its accuracy i do have you emailed the exhibit packet with proof of ownership tax

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compliance refusal and or with referral photos and or plans five days in advance of this hearing

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

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we're here today on the property 2117 South 66th Street I'm sorry

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um Jason can you promote her to a panelist

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and done

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okay Ms. Haller please proceed

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Ms. Schaller?

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She's muted.

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Ms. Schaller, please unmute.

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You've made a panel.

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Can everyone hear me?

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I hardly hear you.

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You need to raise your volume or get closer to the mic.

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For some reason it just

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canceled my camera. If you don't mind, if I can leave, I can get back in with another computer.

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Thank you. While she does this, this is Sharon Saleta. We had an email from the 40th Republican

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Republican Ward RCO, they support the project with a proviso that a certificate of occupancy

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be obtained within a specified time.

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Thank you.

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if she's having a hard time getting back on we can come back to her we can do the next case

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calendar number one four three three four one four south 20th street

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this could be lengthy no it's not going to be okay

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what's hearing

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number six

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Mr. Michael Phillips has his hand raised. I will promote him to panelists at this time.

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Jason, if possible, could Richard DeMarco and Leonard Reuter also be promoted?

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Sure, Sharon. Hold on a second. I'll promote them right now.

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Thank you.

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Okay, so both of those guys have been promoted to panelists.

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Good afternoon, members of the board.

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Good afternoon.

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Name and address, please.

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I'm sorry.

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If I could just mention Chair Tracey has appeared.

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Okay, Michael, hold off, we're going to go back to the prior case.

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Okay.

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Okay.

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Hi, Tracey, you may proceed.

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Hi, thank you for your patience. So this property is a single-family home, currently zoned as a single-family home in a RSA 5. We are seeking essentially a legalization of a use for a two-family home of this property.

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If I may share my screen, I have the packet here.

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If, if I may share my screen, I have the packet here.

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Can everyone see that? Okay. Yes. Okay. So this property

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is actually set up as a two-family home and as far as we know it has been used as a two-family

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home since before 1985 and at that time someone had sought a variance for legalization of the

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use as a two-family home. As you'll see in the history the zoning history which I've included

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in my packet here a variance was granted back at that time and I'm not sure why

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what happened or why they didn't get the permit at that time, but that was granted back in 1985.

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As far as I know, it's continued to be used as a two-family home since that time. I have included

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four-year reference on plans of the property, which show how it's laid out. As you'll see,

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it is set up currently as a two-bedroom, one-bath on the first floor, and if you go up to the second

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floor, it is a one-bedroom, one-bath apartment upstairs. If you'll notice in the photographs

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of the interior of the property, this is a well-taken care of property. It is currently

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tenant-occupied on the first floor and was when my client purchased the property just a little

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while ago. We did meet with the RCOs in the local community and did receive a letter of full support

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from the RCO and they submitted that letter this morning I believe. So I don't have a copy of that

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here with me but that should have been submitted just saying that we have full support from

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from them for this legalization. I also have included in my packet two notices that went

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out to the community advising them of a meeting that we had over Zoom on Friday the 29th

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which are here, as well as a copy of the deed, the notice of refusal. If you'll notice, there is one

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change that would have to be made. It should be already in the ZBA's records, but the current

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owner of this property is Dan Tran. At the time that this initial application went in, the parcel

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owner was Dang Gam. So that would be the only adjustment from the original refusal that was

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here. We did make note of that prior to sending out the notices to the community, and we also

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made note of those changes on the posters that were posted at the property. I also have included

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a copy of the deed. This is the new deed from recorded on November 4, 2020, and a tax clearance

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certificate showing that the taxes are all paid as due. So it seems as though there is a need in

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this community for apartments of this size and set up and laid out this way. The community didn't

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have any issues. I know that they did ask that a proviso be included, just essentially providing a

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deadline for my client to get a use and occupancy certificate or at least apply for one in the event

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that the variance is granted. At this time, I can open it up if the board has any questions.

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Okay, any questions from the board? No.

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And then I do have my client, Dan Tran, present. Dan, if you could raise your hand.

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Mr. Tran, good afternoon. Please identify yourself for the record and spell your last name.

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Mr. Tran, it's been about to speak, sir.

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Hi, my first name is Dan, last name Tran, T-R-A-N.

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Mr. Tran do you swear and affirm to testify swear and affirm to tell the truth the whole truth

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nothing but the truth I do thank you Ms. Sauer thank you Dan did you hear my testimony here today

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I do and is it accurate and do you adopt it as your own yes thank you okay questions from the

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board no would anyone else like to testify in this case please raise your hand

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Thank you.

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Mr. Chair, I have a Michelle Cimeno. I won't allow her to speak at this time.

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Good afternoon, ma'am. Please identify yourself with a record. Spell your first and last name.

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Give us your address, please.

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Is this pertaining to 420 South 20th Street?

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No.

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No. Yeah, that's why I don't know why they're calling me.

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That's the next case.

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yeah anyone else like to testify

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mr craig meladosian has his hand up good afternoon craig please identify yourself

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with the record spell your full name

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craig c-r-a-i-g last name meladosian m-e-l-i-d-o-s-i-a-n ward 40 republican rco coordinating rco

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P.O. Box

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33355

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Philadelphia

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19142

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I just essentially wanted to

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Let me swear you in Craig

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You swear and affirm to tell the truth

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Nothing but the truth

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I do

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Basically wanted to confirm the outline of

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Council's presentation

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Some of the RCOs

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There

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Went into the area of code

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Enforcement

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We've raised in the past our concern out here for fire safety, life safety issues.

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Two Fridays ago, we again had another house fire on the 6700 block of Woodland.

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So it's approximately a block and a half from this.

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So to assuage those fears, a recommendation, as we've done with you in the past, is that

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a certificate of occupancy be applied for.

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you would determine the time frame and we would anticipate that would trigger an inspection by

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l and i to confirm there are no life safety issues on the premises otherwise the property

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seems to be well maintained and it would give us an additional quality housing unit in the area

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thank you thank you for taking the time anyone else

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no other hands at this time mr chair thank you cleaning commission

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Good afternoon. Greg Waldman, Planning Commission staff. This property is part of a rezoning

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bill that rezoned the property to single-family residential in 2019. However, due to its proximity

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to transit routes along the Woodland Avenue commercial corridor, we have no objection

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to the granting of the requested variance. MI 2020-001312 2117 South 66th Street my vote is yes

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with the proviso certificate of occupancy to be obtained within nine months. My vote is yes with

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proviso yes we're proviso yes we'll revise though

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okay i guess we're ready for the uh next case again i'll call calendar number 1433

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412 south 20th street

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i believe that we were going to have this case was going to be limited

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i think if i'm not mistaken there was a request by mr demarco uh having questions for the

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landscaper i believe it was uh yes chair jichico not to speak for uh mr demarco but uh we you were

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ready to uh close the case this is an appeal against a zoning permit um or uh michael excuse

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me just for interrupt let carol swear you win oh sorry name and address please michael phillips

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1500 Market Street, Suite 3400, Philadelphia, PA, 19102, here on behalf of RLDL, 20th Street, LLC.

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Okay, do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I do.

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In the interest of time, Mr. DeMarco, name an address for the record.

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Hi, good afternoon, everybody.

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Richard DeMarco, 2005 Market Street, 16th floor, Philadelphia, PA, 19103.

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

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Yes.

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Okay, you may proceed.

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Is Mr. Reuter wrong?

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Hi, yes, this is him.

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Hi, Leonard Reuter, Senior Attorney for the City of Philadelphia.

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And 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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Thank you.

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So, go ahead.

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Yeah, as I was saying, although you were ready to conclude the hearing last time, I know Mr. DeMarco wanted to examine and ask questions of the property owner's civil engineer, who we agreed.

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the property owner's civil engineer, who we agreed in, I think, the second of the, you know,

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the now four hearings that we would be calling in our case in chief. And so, you know, that was

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the sole witness left to testify. I have approximately three questions for the engineer.

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And then, you know, I don't know how many questions Mr. DeMarco will have.

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And I believe the engineer should be on the line.

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His name is David Plant.

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Mr. Chairman, yes, I agree somewhat.

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I would remind the board that we deferred a lot of our own testimony back in when the

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hearing.

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I know it's been a long time, and so things are stale.

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But, you know, I don't have a ton.

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But, you know, part of this was because we were told both at the original hearings that

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would have an opportunity to question the engineer and so you know i'm going to be as efficient as

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possible and i don't think we'll need a ton of time but yeah i would call i would remind the

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board that we were promised this last year we understand we understand thank you go ahead mike

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May I share my screen?

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Okay.

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This time I'd like to call David Plant.

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And just to quickly reorient the board, this was, again,

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the buy-write permit for ground floor commercial with fresh food market

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four units above with four commercial parking spaces in the basement that were accessory to

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the commercial use. The fresh food market bonus and moderate income bonuses were utilized for this

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permit. Questions were raised. One of the questions after we got through all the quiet

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title issues at the first hearing and issues about the constitutionality of the fresh food bonus

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There were issues that were raised by Mr. DeMarco and one of his witnesses about the ramp, the parking ramp leading into the basement for these four accessory spaces.

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So David Plant here, just to put some brief testimony on about that ramp, there's also a letter that's Exhibit 9 that Mr. Plant prepared, setting forth information about the ramp.

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we have a plan um that's been approved by streets department regarding the ramp that's also in

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