civus
Hearing video

ZBA Hearing - November 17, 2021

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

If you were to subdivide this lot along that line, you would be permitted commercial, you'd be required to have ground floor commercial, and you would be permitted two residential units above, and you would be permitted one additional residential unit on the back, which is exactly what we're asking for, ground floor commercial and three residential units.

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It just so happens that because there is RSA 5 and it's a consolidated lot, the RSA 5 governs and requires us to have a single-family house fronting on Passchonk Avenue where it would be a completely inappropriate use.

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In fact, if you were to subdivide back at 72 feet, you would be permitted three residential units and one commercial and an additional residential unit on the back.

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We're not seeking that. We're only seeking ground floor commercial, basement commercial, and two units above, which really matches the zoning.

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And when you look at the other properties surrounding it, you can see that they're all commercial uses.

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I mean, this is what's here at CMX 2.5. You have a few houses on Franklin Street.

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It just happens that we have a lot that runs the full width, and we get stuck with RSA 5 zoning controlling when it really probably shouldn't.

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so that's what we're looking at and we're looking at doing basically what's what's already here we

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made a couple changes we had a light well that we removed and that's why we have our revised site

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plan in addition we did make a couple other changes that are non-substantive but help the

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appearance of the property on passion gavenue we originally just had windows here we now added

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juliet balconies with uh um you know full no full height windows as well so that gives a little more

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light and air to the uh front of the residential units and there is a rear deck on the back

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on the second floor unit so that's what we're looking at doing uh we believe that this you know

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fully meets the requirements to get a variance i mean you've got this odd lot that's you know 65

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percent cmx 2.5 but cmx 2.5 just due to the quirk of the zoning code um you know it doesn't govern

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it's governed by the rsa5 and the denial of the variance would probably harm the surrounding

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properties the commercial properties that are next to us on either side and up and down the street

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and we'll be built across the street at some point in time as well we're not going to adversely

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impact uh the plan here i mean it's cmx 2.5 and passion cabinets we want to build um the variance

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won't cause any harm an environmental harm we're going to properly utilize the property

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what i'd like to do mr chairman is call on thomas tran my client

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when you get on please identify yourself spell your full name and i'll swear you in

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hi can you guys hear me yes please spell your name and i'll swear you in here my name is thomas

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trend the spell of t-h-o-m-a-s uh his name is spelled t-r-i-n-h we're firm to tell the truth

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the whole truth nothing but the truth yes thank you mr mariano thank you mr chairman thomas did

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you hear my statements and presentation to the board i did and are my statements true and correct

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yes and do you adopt them as your testimony i yes i have nothing further from mr tran thank you

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thank you any questions from the board no mr chairman chairman no would anyone else

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like to testify in this case if so please raise your hand i see no handshare thank you planning

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Commission. Good afternoon, David Vecto, City Planning Commission, Mr. Chairman, members of

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the board. The comprehensive plan recommends no change in the commercial mixed use on the front

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of the block and the residential single-family zoning on the back of the block. The proposal for

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three units with ground floor commercial space is consistent with similar buildings on Paschal

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Avenue. We recommend that the board grant the requested variances. Thank you very much. MI 2021-003

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485. 1119 East Passyunk Avenue. Michael, is there one page? One page? One page, yes.

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My vote is yes with proviso. Revised plan, one page approved today.

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Carol Tenere, my vote is yes with proviso. Professor Plaza, yes with proviso.

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James Snow, yes with proviso. Thomas Holloman, yes with proviso.

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Michael, are you not presenting the next case?

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No, Joe Strampella is doing that.

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I have a case later on today as well.

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Okay.

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All right.

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Excuse me, Chair. This is Sharon. I just sent a text message. Rachel Pritzker, number nine. It's a hearing on reconsideration. She has a witness who has to leave at 315. She's asking if she can be heard next.

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Excuse me, Chair.

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This is Sharon.

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I just sent a text message.

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Okay, we'll hold off on case number three, and we're going to case number nine, correct?

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Yes.

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okay uh mi 2021 dash zero zero four two seven zero three five two seven frankfurt avenue

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harrogate civic association sent a letter of opposition as did councilman mark squilla

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planning is also opposed this case i believe was already heard

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it was chair and i'm sorry yeah if this is a hearing on reconsideration it was heard you

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denied it um miss pritzker requested reconsideration this is the hearing on

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thank you and if we could begin by noting that all um all testimony and exhibits are incorporated

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it into the in the original hearing did i leave anything out no that's that's it thank you thank

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you miss pritzker yep please identify yourself and i'll swear you in thanks good afternoon

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rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 15 oh sorry 1521 locust street suite 605 philadelphia

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a PA 19102. For him to tell the truth, the whole truth, nothing but the truth? Yes.

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Do we need to ask the normal questions, Sharon? No, I don't believe you do. You could start by

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having Ms. Britzker state the reasons for the reconsideration. Okay, thank you. Sure. So,

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So as was already mentioned, this case was heard. It's a longstanding property on Frankfurt Avenue, 3527.

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The only refusal we have is to turn this RSA 5 large building into a duplex.

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A lot of the adjacent properties are duplexes as well.

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There's commercial mixed use on the corners and directly across, as you can see on my screen, is all RM1.

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so the reason for reconsideration is that we had had many people that were directly affected near

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neighbors speak wanting to speak in support of the project and they weren't able to at the last

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hearing so that's why the board granted the motion for reconsideration to allow those individuals

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to speak if you look at the packet that was sent in we did meet with Harrogate but

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I specifically asked of the 13 people in opposition, were any near neighbors? And they said that only three were, although we submitted letters over 10 directly affected near neighbors, specifically right next door on each side of the property behind the property.

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and all of those individuals were in support of the project so we had wanted to have an

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opportunity for them to voice their support given most of the people who actually showed

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up to the community meeting were not directly affected near neighbors and we have a lot

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of support from those who actually live on the block.

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I believe that my client Carmen is here and I believe there's a number of individuals

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who wanted to speak in support of this project.

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So if they could raise their hand, that would be great.

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Carmen, she has her hand raised.

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We'll give her a chance to speak.

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Carmen, you can unmute yourself.

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Please spell your full name and I'll swear you in.

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My name is Carmen Bengochea, C-A-R-M-E-N, last name B-E-N-G-O-C-H-E-A.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Yep.

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Carmen, have you heard my statements today in front of the board?

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I have.

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Do you believe them to be true and accurate and do you adopt them as your own?

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I do. I wanted to see if you could bring up the individuals who actually live on the block

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to voice their sentiments about the project. Okay, I have Angel Robles next to me. Okay. He's on the

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same Zoom call. Okay, if she could state her full name, spell her last name and her address for the

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Okay, if she could state her full name, spell her last name, and her address for the record.

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record.

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Does he need to raise his hand?

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Yes.

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Carmen, is he in your presence at your home?

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That's correct. Yes, he is.

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Okay, so no, he doesn't have to raise his hand.

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He can move forward to the mic and actually put his name on record, spelling his full name.

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Okay, let me know when.

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go ahead you can start yeah my name is angel roblez and i live at 3522 frankfurt avenue

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if we get a spelling of his name please for the record

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robles r-o-b-l-e-s

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we're going to tell the truth the whole truth nothing but the truth yes i do thank you

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Yep. Mr. Robles, if you would like to state your address for the record and share your sentiments for the project, given you are directly affected in your neighbor.

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Yes, I'm on 3522 Frankfurt, right across the street from her.

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And I bow for her, whatever she's willing to do, I'm with her.

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So you're in support of the project?

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Yeah.

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Thank you.

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You're welcome.

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Anyone else?

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Yes.

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We have a DG on our end.

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You can unmute yourself and wait to be sworn in.

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G whoever, whomever you are, please spell your full name. You have to unmute yourself first.

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No answer. Hello.

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yeah that's not her that's somebody else dj one more time

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rachel would you happen to know who dg dg is i don't uh carmen do you know who that individual

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is it seems they raised their hand but they have not unmuted themselves okay we can move forward

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um is there any other witnesses available carmen do you have any other witnesses

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available? Yes. Yes. Okay. Can you bring them on, please? Sure. My name is Harold Santana.

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Frankfurt Avenue 3532. Can you spell your last name for the record, please?

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he's not going to be able to testify correct he needs an interpreter

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she does need it yeah she does need an interpreter yes yeah well unfortunately we do not have an

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interpreter uh we had we known that we could have provided one anyone else yes i do yes

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yes

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tell us who it is next name we have to move on my name is guillermo padilla

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Yeah, P-A-D-I-L-L-A.

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I live at 3524 Frankfurt Avenue.

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

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Yes, I do.

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Before you begin, sir, could you spell your full name, please, slowly?

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G-U-I-L-L-E-R-M-O.

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Last name, Padilla.

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P-A-D-I-L-L-A.

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It's sworn in, so please proceed.

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Yeah, I'm in favor of these.

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it actually does better for the neighborhood instead of another empty space.

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Thank you. You're welcome. Carmen, do you have anyone else or is that all the witnesses?

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I actually had one Diane Brody and she should have been, she's not here with me. She was,

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she lives across the street, but I think she's having problems getting on.

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okay uh rachel could you just run that by me again why we

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Run that by me again, why the reconsideration was requested.

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we the reconsideration was requested what has changed

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What has changed?

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So the neighbors who actually live directly adjacent to the property are in support of the project and submitted letters of support.

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They were not able to speak at the last hearing, and most of the individuals at the community meeting were not directly affected neighbors.

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Only three out of the 13 people even lived anywhere near the project.

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So that's why we asked for reconsideration.

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we don't love harrogate uh as far as we as far as we know now they still are in opposition correct

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they've yeah they've not responded to any of my emails insofar as holding an additional meeting

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um we did provide the letters of support to the councilman's office um but they were not

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responsive the community group was not responsive regarding another meeting but they are aware of

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the motion for reconsideration as everything was sent to them okay uh personally i'm not that

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comfortable with voting on this it's just my personal feeling because i'd like to go back

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and review uh what the testimony however as you may or may not know today is my last day

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and i don't want to just leave this to someone else does the board have any suggestions

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harrogate is opposed to it mark squilla is opposed to it planning is opposed to it

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okay all right um we can vote on it okay just want to double check thank you

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all right mi 2021-0042703527 frankfort avenue my vote is still no

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i i'm not voting

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Professor, try that again.

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You broke up.

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Professor, you got an audio problem.

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You're breaking up.

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So let's go to Tom.

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Thomas Holloman, my vote is no.

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No.

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james snell my voters no confessor plaza my voters no chairman chairman if you'll indulge

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me for a minute this is my last hearing in front of you um i feel like i grew up in front of this

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board and i just want to sincerely thank you for your service to the city and the work that you've

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done on this board you've made philadelphia a better place so thank you very much and i'm

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you're making it so hard for me to leave well none of us want you to leave

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I thank you for that. Thank you for that. And you do good work as well. Thank you. I watched you grow. Thank you. Thank you very much. All right. Case number three, MI 2021-003484, 1221 North 42nd Street.

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uh mr monday and he's not the paternity of record i believe joseph

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attorney of record centennial parkside community development corporation send a letter of support

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he's coming in now as a panelist thank you

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lakisha i see your name pop you just spoke are you doing the administration work now or is it

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still fatina it's still fatina okay mr strompello please spell your name and i'll swear you in

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there you go good afternoon my name is joseph strompello s-t-r-a-m-p-e-l-l-o

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I'm from the Mattione Law Firm. We're located at 100 North Independence Mall, Suite 5A, Northwest, Philadelphia, PA.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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I'm sorry to interrupt you. Ms. Canary has some questions for you, and then you can proceed.

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Hi. Good afternoon. Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and compliance of the property five days in advance of this hearing, and have you met with the RSCO, and do you have a letter?

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Yes, we did meet, and we do have a letter of support.

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Okay, great. You may proceed.

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Yes. I am here on behalf of Lima Holdings LLC and its principal, Eugene Nidovich. We are here

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Eugene Nedovich. We are here in reference to the property 1221 North 42nd Street. The property is

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in reference to the property 1221.

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located at the intersection of North 42nd Street and North Style Street in the Parkside section of

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Philadelphia. I'd like to present to you some photographs of the site of the property in

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question, they are designated as Exhibit 7A. May we share the screen, please? Yes.

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okay as i indicated the property is a corner property uh located in the park side section

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of the city the lot is currently vacant occupying approximately 1360 square feet

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The property is currently zoned RSA 5. We are seeking a variance to construct on that lot a multifamily dwelling with six units.

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