civus
Hearing video

ZBA Hearing - November 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20214h 52m

that so it's a challenge between that and and and covid is certainly a challenge i know i pick up

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my grandchild at daycare go through the same problem all right any questions from the board

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no mr chairman no no anyone else beside mr gomillion who would like to testify in this case

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please raise your hand chair we have the owner excuse me did you want to hear from her again

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Excuse me. Did you want to hear from her again?

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No, I don't think it's necessary.

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Mr. DiCicco, I was only going to wrap up before that, if I may.

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I apologize. Please do.

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I'm sorry. Did we hear from Kristen? No.

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No, and we still don't have any.

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So we have a Kristen with a hand up. Did we hear from her?

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no no i thought you i thought fatina said the owner the owner uh i'm sorry i misspoke

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no worries that's okay no worries uh christian whitaker

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hello christian whitaker please spell your full name and i swear you win

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the first hello um mr chair the first name is christian k-r-i-s-t-n the last name is

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Whitaker, W-H-I-T-A-K-E-R.

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Do you swear or affirm 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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So I actually am the owner of 534 Green Lane.

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My boyfriend, Peter Glebelian, is the other occupant there.

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So I do think it's necessary for me to speak, so I appreciate this time.

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I really just wanted to kind of respond to some of what has been said, especially Jeanette's

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comments.

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the first thing I will start with saying is that I really don't think that this is a case of

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whether or not Jeanette is a good person or whether or not Jeanette is providing a valuable

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service to the community I don't deny either of those claims I think this case really boils down

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to is Jeanette running a business at a proper location and in a proper manner which I say

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strongly she is not okay so you know Peter showed you guys the evidence of the parking

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Jeanette, and you know, we shared some pictures and unfortunately it's a little hard to have the

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dates. Jeanette makes the point that this all happened during COVID because of different

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stipulations of how the parents had to pick up their children. This is absolutely not true.

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We shared photos from the entire last year. We have multiple photos on our camera from every day

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this week and last week and the week before that where customers are continuing to block the

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driveway. What I actually will say is probably worse now than in the past is that her customers

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literally get out of the car. There have been times that I have come home from work and there's

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no customer even in the car. So even if that's just for five minutes, if I can't get in my driveway

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for that five minutes, that's an inconvenience and that's a problem. So she'll say, oh, it's just

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five minutes. Well, it's five minutes when one car leaves and then another car comes and then

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another car leaves and another car comes and this continues on to nine or 10 o'clock at night.

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it's a problem so you know I think the driveway is one thing but I do just want to refute the

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point very strongly like I said we have many many photos on our camera showing this continuing to

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happen but this was not a COVID issue this was not an issue that there's snow on the ground and

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now they can't park in the parking spots that's not the issue this is a continued issue despite

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COVID and changes to how she runs her business um so that's you know number one um number two

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and I think it should be emphasized is that her her patrons have no consideration for other people

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like Peter said he's been threatened with balance when he's approached people to not block the

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driveway I literally have been coming in in the driveway someone's standing in my driveway

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talking on their cell phone this has happened multiple times I have to blow the horn and

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get nasty evil looks from people I've had times when I'm trying to come and go and I ask someone

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could they move the drive when they say hold on one second they're just waiting for their kids if

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I'm supposed to wait for them to pick up their kid when they're blocking my driveway and preventing me from coming and going.

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That's extremely problematic. So parking is one issue.

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The second issue is that it is noisy. You know, Jeanette references, oh, well, it's not like little kids are outside at 10 o'clock at night.

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No, sometimes it's not the little kids that are making the noise. It's the adults.

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So it will be situations where people are literally coming out of the side of the dance studio, yelling down the street something to someone on the sidewalk or in their car.

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So that's noisy. That happens multiple times a day. There are also kids during the day and early evening yelling and screaming outside of the dance studio. This happens routinely. This is not something that's a rare occasion.

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Jeanette also points out that whenever she's seen someone blocking the driveway, she asked

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them to move.

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I can't refute that she does that.

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She may be doing it, but whatever she's doing is not working because her customers still

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continue to do this.

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And while Jeanette may do that, she can only do that when she's physically outside.

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If she's inside teaching a class or supervising a class, clearly she can't ask someone to

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move.

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And again, while Jeanette does that, her daughter, who's another teacher and intimately involved

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in the dance studio absolutely does not do that. I have seen her daughter on countless times,

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someone's blocking our driveway, her daughter come out of the dance studio, see them be having

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a conversation and never once say, oh, can you guys not be blocking the driveway? Or I've even

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seen her on one occasion where someone's blocking the driveway, I come out of the house and then

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the customer apologizes for blocking the driveway and the daughter says, oh no, no, it's okay,

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the customer apologizes for blocking the driveway and the dog says oh no no it's okay it's not a

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it's not a big deal. Well, no.

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big deal well no it actually is a big deal it's inconveniencing us and inappropriate because it

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goes on to nine or ten o'clock at night and that is correct they don't have class on sunday um so

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that mr chair excuse me can i ask a question is this in a single family home the dance studio

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no it's not it's it's it's in a it's a building uh on a red in the middle of a residential street

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okay it would really be helpful if we could see pictures exactly uh that's what we need

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is to see the parking arrangement and the zoning of the site in rsa3 district according to sharon

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and it is only on the first floor is that true that the dance studio is only on the first floor

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does your client live upstairs no Jeanette you can explain that before before Miss Whitaker

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how long have you lived at your current address hello Miss Whitaker I believe he said that she

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doesn't live there is that true hello yes miss Whitaker you can answer yes I moved in in October

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2020 um and I think you know it's a very relevant point Mr. Chair because this is also something

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Jeanette mentioned that the dance studio has been there for 25 years and this was just coming up as

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an issue the reality is prior to 2014 when these townhomes were built my understanding is that

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there was a parking lot there that actually was affiliated with Jeanette's building so people her

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customers could have parked there that no longer is the case so they don't have parking and the

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issue would not have happened 20 years ago because again these townhouses were only built in 2014

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so this is only an issue that could have been raised over these last few years

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carol did you have a question

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you've muted carol

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yeah i was trying to get pictures or rendering architectural rendering to see what the block

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looked like? Sure, I'm not sure if the lawyer answered, but is the dance studio only on the

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first floor of the building? Yes. Okay, and your client lives upstairs? No. So the upstairs is

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vacant? Correct. Is there upstairs or is a one-story building? If I could just have Miss

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Jeanette addressed that. Jeanette, can you unmute yourself? Hi, how are you? So the actual first

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floor is the dance studio and the downstairs right now is a basement. The street, Green Lane,

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is partly residential and partly commercial so there are there's a beer distributor up the street

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from us there's also a dentist and then the post office is directly catty corner to my property

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again I think the rest of the board Tom and Carol have indicated photographs will be very helpful

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um i mean unless unless we have to continue we're not able to get any uh exhibits up correct

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well i i will i will continue to work on my end yeah but we only have a couple other cases so

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um no i know i'm just saying i i i've submitted everything it's not a question of i haven't

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submitted it i'm just having trouble sharing that excuse me chair this is sharon i did just

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email you the exhibit packet to all the board members. That helps. Thank you, Sharon.

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What's the consensus of the board about voting this today or doing every hearing?

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I'm ready to vote. I'm ready to vote, Mr. Chairman. I'm ready to vote as well, Frank.

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Okay. All right. And one other question that may have been answered. I apologize if

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mr griffin your client is a tenant yes she does not live uh is the studio she's a tenant there

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or does she own the building she owns the building okay i thought i just wanted to double

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check on that okay all right if i if i may just just wrap up uh jeanette you've heard me uh testify

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as to the submissions, the background behind the business, uh, and the current state, have you?

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Yes. And do you adopt that testimony as if it was your own? What I

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And do you adopt that testimony as if it was your own, what I said?

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Yes.

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And what I said, was that true and correct?

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Yes, it is.

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Okay. Thank you.

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Mr. DeChico, you do have those exhibits for your review?

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We're going to look at them.

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Anyone else to testify in this case?

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i see no hands chair thank you planning commission thank you good morning chairman

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de chico ian hegarty for the philadelphia city planning commission that's h-e-g-a-r-t-y

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we're a firm to tell the truth the whole truth nothing but the truth

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yes sir i do i just wanted to say on behalf of the city planning commission thank you for

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serving the city of philadelphia on the zoning board it's been a pleasure to appear at these

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hearings pleasure has been mine thank you thank you very much members of the board uh the

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comprehensive plan recommends no change to the existing rsa3 single family zoning at this

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location i think it might be helpful for the board to understand that this structure has

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documented history of non-residential use it was built first as a house of worship

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and then was later used as a medical facility we appreciate the testimony from the neighbors but

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But we don't believe that the proposed legalized use rises to the level of endangering public health, safety or welfare.

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So the City Planning Commission would recommend that the board grant the variance.

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Even though we disagree from time to time, we do appreciate your hard work.

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Thank you.

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Thank you very much, sir.

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Okay.

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MI 2021-002631-536 Green Lane.

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My vote is no.

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Carol Tenere, my vote is no.

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Professor Plaza, no.

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James Snell, my vote is no.

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My vote is no.

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Okay, we're ready to go back to Ms. Visak, I believe, if she's ready.

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Chair, I did text the one photo that I have to the board members.

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from miss visac yes here i am okay um you sent the photo on hold on a minute

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you'll have to scroll back a bit but yes you sent it in a text message sharon yes

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yeah i have it okay uh miss visak are we looking the photo we're looking at uh with the wall looks

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like uh an eagles play yeah somebody created a play for the eagles hopefully it's successful

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is that your driveway yes okay so just explain briefly what it is you're asking the board to

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approve um three open air um parking spots i um submitted the plans as well i could um

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what's it called share share screen for them if you don't have a copy

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this is down close to uh mifflin moore street correct

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yes between mifflin and moore corner second and single

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all right um the board have any questions

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

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chair we have patrick fitz maurice please unmute yourself and please wait for the

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thank you patrick please spell your full name and i'll swear you in

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Patrick Fitzmaurice, P-A-T-R-I-C-K, F-I-T-Z-M-A-U-R-I-C-E.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you. Please proceed.

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Good morning, board. This is Pat Fitzmaurice. I'm the president of the Penn Sports Civic Association.

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I just wanted to call in this morning. We received an email that perhaps our letter wasn't received.

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So I just want to call in and make sure that the board knew that there was a community meeting held. To our knowledge, there was no opposition to this proposed use. In fact, there was a number of neighbors that showed up to support it. And in the RCO's opinion, we strongly support this requested relief.

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we believe that taking cars off the street would really help the community out. We have obviously

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like the rest of the city issues with parking and density and because the curb cut is not on

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the parking side of Segal Street there's no loss. So if a community member wants to use their parcel

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there's no loss um so if a community member wants to use their their parcel for parking

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um with no loss we're strongly in favor of it thank you thank you thank you anyone else to

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testify in this case please raise your hand i see no here thank you planning commission

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thank you chairman de chico ian hegarty for the philadelphia city planning commission if i could

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just ask a clarifying question is is this a legalization is this parking use in existence

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now um we're we're waiting for to to be zoned approved we got to say you're not using it for

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parking now is that correct not yet okay so it's a legalization okay but it's it's paid it's paved

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and there's a curb cut already yes okay all right comprehensive plan recommends no change in the

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residential single family zoning at this location city planning commission has no objection to the

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proposed use thank you mi 2021-002613 1828 south 2nd street my vote is yes carol tenere my vote

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is yes confessor plaza yes james snell yes thomas halliman yes thank you uh case number four on our

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The list.

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Hello?

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Frank, where are you?

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Brandon, have you been sworn in?

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I was, yeah.

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I don't know what happened to Frank.

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He seems like it might've been disconnected.

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If you don't mind, could you continue Madam Chair?

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Sure.

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So have you waived the reading of the refusal

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and stipulated to its accuracy?

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Yes, I do.

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You've done the whole thing, the exhibit packet. Yeah. So as I was alluding to earlier,

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I was really confused by that RCO letter. We had a very detailed and positive meeting where we

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actually came up with a proviso or two in exchange for support, then kind of the normal thing.

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I called Ms. Bennett after Sharon sent me the letter an hour ago. I think she confused us

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with another project. She said that our property had a female attorney who failed to show up for

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the RCO meeting. But to be clear, I handled this property. Rachel did not. So I don't think there

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would be any confusion with Rachel Pritzker. And I showed up at the meeting. We had a good meeting.

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So if it's acceptable to the board, Ms. Bennett sort of hung up on me, the RCO president, and said

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