civus
Hearing video

ZBA Hearing - August 11, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 11, 20201h 34m

Okay, any comments from the board? No.

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Planning Commission.

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This property is indicated for neighborhood commercial mixed-use

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on the city plan. Given the site's history, we have no objection to

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Thank you. Calendar number 39411, 2000 South Crosskey Street. My vote is yes.

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My vote is yes. My vote is yes.

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Thank you.

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Thank you.

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Calendar number 39535, 2217 North 10th Street.

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Zim, you agree to waive the reading of his refusal and stipulate to its accuracy?

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I do.

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Thank you. Again, Mr. Jen, you're under oath, so please proceed with your testimony.

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Thank you. Zen Jen, Z-H-E-N-J-I-N, here on behalf of CJB Homes LLC, 1617 John F. Kennedy Boulevard Suite 1838, Philadelphia EPA 19103.

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This is an application for variants to allow the front setback to, because this property is a RM1 property that is abutted on both sides by a two-story structure.

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So the code requires a minimum setback on the third floor of eight feet.

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We met with the RCO APM, and it was not a heavily attended meeting, but the neighbors that were in the area that did attend and the board itself of APM is aware that most of the three-story structures do not have setbacks on that block.

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so having a new structure be proposed with the setback really is not consistent with what's

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already existing in the area. So they supported our request for the variance not to have the

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front setback to keep the looks more consistent to what is already there on the block. This is

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the sole variance requested as the property's rear yard space, open space, and use itself is

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permitted by the code. Any plans you can share with us? Yes, let me share that now. I'm sorry.

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I was looking at my plans and I forgot to click share. So this is the structure plan. As you can

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see there is the required open space rear yard. The design is a three-family

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structure. However, this is RM1 and the lot is large enough to support the

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requested variants by Wright.

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I do have here also the floor plans.

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So again, the variance is for the third floor unit on the front for the eight foot sit back.

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As you can see, the space here is designed that there's a court as well as a rear yard large

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as well as a rear yard large enough to meet the open space requirements therefore we're asking for

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enough to meet the open space

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the board's consideration and not requesting not requiring the third floor setback for this

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particular proposal. Thank you. Any questions from the board? No. No.

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Hello. Anyone else wish to testify? If so, please raise your hand.

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I believe my client, representative for the company, Mr. Chagai Bader, is here.

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Can you bring him on, please?

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Hand.

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You can unmute yourself and speak.

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Yeah, no.

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Mr. Bader, please identify yourself. Spell your first and last name for the stenographer.

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My first name is Chagai Bader, C-H-A-G-A-I.

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My last name is Bader, B-A-D-E-R.

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I live in 10845 Renaud Street, Philadelphia, Pennsylvania.

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Thank you.

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

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Yes.

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Thank you.

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You heard my testimony to the board.

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Can you verify that it is true and correct and adopted as your own?

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Yes. Thank you. Thank you. Okay. Planning Commission.

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Properties indicated for residential use on the city plan. Given the block pattern,

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we have no objection to the granting of dimensional variance. Thank you, Ron. And I

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just want to make sure is there anyone else who wishes to testify on this matter?

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If you haven't raised your hand, please do so now.

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no hands chair thank you tanya calendar number three nine five three five two two one seven

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north 10th street my vote is yes my vote is yes my vote is yes thank you thank you have a good day

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likewise thank you calendar number three nine four nine one 59 north i'm sorry three nine four nine

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one through 59 North 2nd Street Oleg you've been promoted to panelists you

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can unmute yourself to speak as well as share your screen as necessary good

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morning members of the board thank you for having us before you today please

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Please spell your name for the stenographer first.

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My name is Oleg, O-L-E-G, Sokolov, S-O-K-O-L-O-B of RS Law Group, 1700 Market Street, Suite 1005, Philadelphia, Pennsylvania, 19103.

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I will waive the reading of the refusal and stipulate to its accuracy.

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And you can swear and affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Thank you.

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Please proceed.

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I'm sorry.

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Let me just turn up my volume on you guys a little bit.

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Thank you very much, members of the board. We are here seeking a variance, allowing us to extend an existing open space nonconformity onto the fifth floor.

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Currently, the building is nonconforming and the building sits in the middle of the block requiring a 25 percent rear yard open space.

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this is requested to be extended

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up to

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apologies currently the nonconformity is

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11%

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sorry to interrupt could you

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share those plans with us please

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yes one moment please

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thank you

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I'm going to share the renderings

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if I may first

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i'm sorry i i got a new computer and not all the settings are ready for uh

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no problem we understand thank you

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Okay, I should be good to go.

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All right, here we go.

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These are the renderings of the property. As you can see, what we're going to be doing is building a fifth floor onto this as depicted here in gray.

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Additional photos here.

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And here as well.

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It has ocean views.

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I'm sorry?

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Well, the screen, you have partial, part of it is your screen is showing the property, and then it has an ocean view.

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I was looking to see how much they were going for.

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I wish North 2nd Street had ocean views, but unfortunately, we don't get many of those in Philadelphia.

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Thank you.

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Although, if you could somehow approve an ocean view for us there, that would be phenomenal.

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You could first to know.

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So, as stated, we will be building this fifth floor. What we are requesting is additional coverage of the open area of the property to extend to the fifth floor as well to a nonconformity of 11%.

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The reason for this request is twofold.

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First, the recent change in the building code has required that this property have two means of egress.

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That obviously is taking away from our square footage and ability to offer more square foot in the area.

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I'm pulling up plans right now for you.

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Second of all, as you can see, this property is very narrow and very long with windows only on the eastern and western facades of it.

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Therefore, the building to allow for more natural light is going to have light wells, as you can see depicted here, here as well in the plans.

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So that as well as taking away from functional square footage.

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The property, the request to have the additional space on the fifth floor was presented to the Old City District RCO, where we received support for the project.

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Unfortunately, we were not able to get a hold of anyone at Councilman Squilla's office to get a letter of support, but we see no reason why the project would be denied.

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we are not infiltrating in any way onto the light or air of our neighbors. Further, we had a long

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discussion with our immediate neighbors who are both in support of the project. We also have our

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architect Charles Kerr from Cadre Designs here on the line if the board has any particular questions

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for them or any questions for me to answer. This property is a CMX3. Obviously, no use change is

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being requested and the property will be used as short-term stay apartments the

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current plan is to build 16 apartments on in in this property the property was

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previously used as a warehouse to store plumbing supplies and other sort of

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equipment and supplies.

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Can you conclude with your testimony, sir?

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Yes.

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Thank you.

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There is a letter, I believe, of support from the Old City District as well.

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Questions from the board?

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No.

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Anyone who wishes to testify in this matter, please raise your hand now.

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No hands, Chair.

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Thank you.

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Planning Commission?

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This property is indicated for mixed use in the city plan.

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Given the site constraints, we have no objection to granting of the dimensional appearance.

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Thank you, Ron.

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Calendar number 39491.

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59 North

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2nd Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you. Tanya

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and or Sharon, is there any

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on the other unfinished business?

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No, that's the end of the session.

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Okay. We'll see everyone

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back here at 2 o'clock.

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Okay. All right, be safe.

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all right you be safe

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no not yet but everybody can hear you

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that's outside of here and i'm the chair vice chair of the zoning board of adjustment

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i will be participating in today's hearing along with the board secretary confessor plaza

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and board members thomas holliman and james snell board administrator tanya sunkett and board

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attorney sharon saletta are also in attendance for those of you who haven't yet participated

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in one of our virtual hearings i'll go through some of the basics of what you can expect first

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will begin this morning's or this afternoon's session by reading a list of cases to be

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continued. If you believe any announced case is being continued in error, we will give you

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an opportunity to respond. After requesting the continuance list and receiving any feedback,

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we will take any additional continuance request. Once we've confirmed which hearings are being

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continued, I will begin calling the remaining cases listed for this session. As we go through

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the scheduled hearings, please note the following changes related to the virtual format. First,

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we will be administering oaths to individual participants prior to their testimony. Second,

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for the benefit of anyone participating by phone, we ask that attorneys and witnesses identify

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themselves prior to speaking or testifying. Third, we'd like to advise everyone that this

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proceeding is being recorded and that by participating, you acknowledge your agreement

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to be recorded. Fourth, for anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star nine, then star six to unmute yourself. Finally, to enter an appearance

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

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With that being said, I'd like to announce that the following cases are being continued.

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Calendar number 39370, 5900 North 5th Street. Calendar number 39603, 3854 Brown Street.

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Calendar number 39559, 2402 North 29th Street, number 1. Calendar number 39445, 2628 Webster

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Street, calendar number 39372-2209 South 63rd Street, calendar number 39969-2029 Randolph

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Street, and calendar number 39370-5900 North 5th Street.

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Are there any cases I've just listed as continued that have been listed in error?

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No hands, Vice Chair.

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Thank you.

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Are there any additional continuances?

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Ms. Tenere, can I, this is Sharon Saletta, Board Attorney Sharon Saletta, I'd like to

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say that the Councilwoman and RCO have requested that the appeal for 646 North 32nd Street

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that the hearing be continued. The attorney is Rachel Pritzker. She, I believe, is here and

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wishes to speak on this matter. Okay, Rachel, can you please say your name and address for the

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record and spell it, please, for the synonym? Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R,

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Pritzker Law Group 1635 Market Street Suite 1600 Philadelphia PA 19103. Okay and this is for

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calendar no it's appeal it's an appeal and it's for 646 North 32nd Street. Do you swear to tell

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the whole truth and nothing but the truth? Yes. Okay you can speak. Yeah so I have reached out

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to the RCO a number of times. I know that the council office and the RCO requested a continued

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We actually didn't receive, under this new council member or from the planning commission, the coordinating RCO.

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So we were going off of Mantua Civic, which we had met with probably a year ago on this.

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met with probably a year ago on this. So we're happy to comply with the continuance. I just,

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So we're happy to comply.

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you know, would just hope, I know that everyone is working really hard and trying to move all

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this stuff forward. So if we could at least try and get on the calendar as soon as possible,

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that would be greatly appreciated because this has been sitting since before March. So, you know,

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we're happy to comply with that and want to help work through the process. But, you know,

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it can be tough on applicants when we've um we're having trouble you know communicating

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with some of these groups and and just missing some information so just wanted to to let you

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know that and know that we were prepared to be on the record today presenting this case and look

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forward to an opportunity to come in front of the board again okay thank you is there anyone else

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here who wishes to speak we have richard whitesmith you can unmute yourself and speak

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good afternoon this is richard weitzman i i'm not sir can you put your address on the record

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please of course it's uh three north second street suite 200 philadelphia pennsylvania 19106

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and do you swear you swear to tell the truth and nothing but the truth i do thank you i had raised

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my hand vice chair when you asked if there was any other matters for continuance and i just left

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it raised so i i'm not here on behalf of miss pritzker's case uh but i do have a i'm appearing

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on behalf of a of another attorney who has a matter before the board this afternoon

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okay well first we're going to handle miss pritzker's case um which will be continued that's

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The address is 646 North 32nd Street.

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Now, can you tell me which case you're here requesting a continuance on?

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Yes, it's 4861 North Howard Street, calendar number 39377.

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Okay, and the reason for a request for continuance?

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