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Hearing audio

ZBA Hearing - February 25, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 25, 20265h 35m

stenographer yeah joseph console j-o-s-e-p-h last name console c-o-n-s-o-l-e do you swear

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a firm that's all the truth the whole truth is nothing but the truth yes could you identify

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your client a relationship to the property yeah um my client uh is mr dane davis as one of the

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owners of the property for uh owns was a dab re investments llc and he's in the audience okay and

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there's a letter of unanimous support from walnut hill community association or um and and you heard

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this is going to be here and hold mr council i did and dane can comment on um his tax okay

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situation but yes but our vice chair has a few questions good morning have you submitted your

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documents and exhibits five days in advance of this hearing i have and do you waive the

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written of the refusal and stipulate to its accuracy i do okay thank you can share your

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screen proceed with your case okay all right i got one right after this so i'm hoping do i have the

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right one up? 114 South 51st? Yep. Okay. All right. Joe Consul for Davis Chronicles LLC. Pardon me,

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that's the name of the LLC. With me in the audience today is Dane Davis. We're here

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regarding the property located at 114 South 51st Street, seeking use variants to allow for two

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family dwelling within the existing attached structure it's RSA 5 so we got the refusal

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however we're going to demonstrate today that this does not exactly reflect the reality of

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the specific block granting the variance will not alter the character of the neighborhood

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as the block is 50 percent at least multi-family home approved so on the screen is the notice of

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refusal. As mentioned, we had unanimous support at Walnut Hill Community

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Association. We met with them in November. Showing our exterior photos. And my client

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has approved permits for some rehabilitation work, so you'll see that

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the property looks much nicer from when those photos taken to do the deed okay as mentioned

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and my client my client can speak about it he is dealing with some tax issues not related to

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any outstanding debt on the property but with something for his LLC.

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It's a deed again. Here's the plans that were submitted that generated this work. We have a

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basement with no living space in it. We have a first floor unit which contains one bedroom.

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There's large entrances in the front and back with a porch in the back.

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as large

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entrances in the front and back.

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Second unit on the second floor is two bedrooms and a living room.

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We can talk more about those plans, or my client can.

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Dan, is he in the audience?

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Could you step up, Dan, or just get closer to the front?

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Oh, I can.

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Okay, sure.

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could you state your is your mic on sir could you please state your name and spell for the

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sonographer how you doing my name is dane davis d-a-n-e davis d-a-v-i-s do you swear or affirm

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to tell the truth the whole truth nothing but truth yes all right please proceed counsel okay

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Good to see you, Dean.

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We have some pre-construction plans.

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He's worked together with architects to submit all the plans we saw.

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And that's what generated the refusal that we're at today.

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So it's not hypothetical.

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The work's done that he's approved to do and he's waiting on approval for the second unit

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to be able to actually finish this project which he can speak to and some interior photos

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other properties on this block that have approvals for two or more units 120 south 51st street which

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is right next door there's an active rental license for two units 110 south 51st two unit

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rental active. 106 South 51st is an active two unit rental. 104 South 51st is four units.

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And those that have been approved but aren't currently licensed 108 South 51st has a zoning

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archive showing as a duplex and across the street at 117 South 51st has a zoning approval

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for a duplex as well though neither one of those appear to have active rental

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licenses. I'll call my client, Mr. Davis. Hey, you've already been sworn in. Did you hear my

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testimony just now regarding your property at 114 South 51st Street? Yes. Okay. Do you adopt

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it as your own yes okay um submit for any any questions with the board sure questions from the

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board where's your trash going to be held for uh both units i'm sorry your trash plan for both

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units trash plan yeah trash like where the unit is going to handle your coach yeah so let's take

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step back um i i own a construction company so i have a team of demo and people that can dump

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no for the units when they live there say if you get approved and you have two tenants

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where are they going to store their trash oh out right out right where the lawn is out front

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i'm going to turn that into cement so it'll be two trash cans out out there so um is there

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any objection to you storing it in another place instead of having it out in the front no no i'm

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talking i'm asking you because when tenants tend to have trash in the front it tends to make the

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neighborhood look kind of trashy oh well i was going to provide trash bins but i understand what

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you're saying um yeah i always provide trash cans for my for my units and there's any other possible

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locations you can put them in for in order for them to store it i understand like when it's

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trashy you bring them out front but yes can they store it somewhere instead of being in the front

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yes absolutely i can put it in a common area when you first walk in there's going to be a

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common area both floors have access to the basement no just the first floor okay what's

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the what's what's this common area you're saying you're going to put the trash in i have the plans

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update the vest of you well yes it's going to turn into like if if this is approved of course

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it's going to turn into like a hallway and then you can yeah but you you don't listen to me you

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don't have any room to put trash cans there. That really wouldn't work too well. I think,

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I think, you know, the, in, in the first floor, clearly there's location within the unit or in

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the rear yard space where the trash cans can go for that unit or you provide a, a, a trash closet.

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I don't know the second floor can you show the second floor yes you know these

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are these are decent sized units fairly decent sized units so you've got ample

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fairly decent sized units so you've got ample space to be able to store the trash for the

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space to be able to store the trash

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tenants to store the trash somewhere inside with a closet dedicated closet with exhaust

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yes on there's an hvac closet on the plans that we can store the trash yeah with and and have

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and have right of course it need to be enlarged or whatever but and of course vented so i think

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what we're trying to really speak to is you know all these rehab apartment units they end up with

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these tread the tenants end up with these trash cans in front of the houses in front of these

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units and you see the neighborhoods they look horrible and so you have the opportunity to do

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something that as a a step up from what the ordinary is um so so okay that's that's that's

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the desire i'm sorry this is new information to me i never even knew well well that turn so well

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that's why we're talking yes yeah right yeah i'll definitely make the contribution for that all right

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yeah um anyone else questions or comments more attorney not at this time mr chair questions or

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comments from the virtual audience there are no hands here the second floor first questions or

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comments from the uh our planning commission good morning liz fuselay on behalf of the philadelphia

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city planning commission the comprehensive plan recommends no change to the rsa5 residential

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zoning at this location the applicant has shown no unique physical conditions or circumstances to

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comply with the existing zoning the city planning commission recommends the board deny the proposed

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use variant for a two-family home at this address thank you can i say something yeah but yeah that's

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right all right so for me oh go ahead at least he wanted to speak i'm sorry so i was just listening

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to what i'm sorry you're planning the planning commissioner was talking about um this is actually

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my childhood home. I grew up in this home. My grandfather passed away in 2008 and my dad

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assumed the property and he was dealing with a lot of hard times to the point where

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fast forward to now, I've been in construction for the past six years. I've been doing

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nice things around the city, building different homes and what have you. And I think the fact

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that when 2026 came or 2025 i'm sorry the roof got so bad where i had to i had to make a move

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and fix the roof and my dad is still going to be currently living in the property on the first

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floor so we're only going to be the duplex is only for the second floor unit but my father is still

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going to live in the first floor um i i this is just something for a passed down air like you know

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from my grandfather to my father to me so i just had the opportunity and understanding that you

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know take on construction so now i feel like i'm in a perfect space to you know fix our childhood

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home so that's really what the main focus is on that right well thank you very much for giving

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us information so uh we're going to hold the vote on this until we hear from council relative to

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the tact am i correct dory yes that is correct mr chair we won't set a date no we will not we'll

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quote on it as soon as we get the tax information as soon as the taxes get straight we'll bring you

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back in or you'll you'll hear us well okay sounds good thank you thank you dan mr consul stay there

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please you got it number 10 mi 20 25 005060 21 48 master street mr council could you just state

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your name you're you're okay yeah it's joseph consoled all right you've already been sworn

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mr. councils this is tourniquet it is okay um could you identify your client a

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relationship to the property yeah my client is Chivetta property group Mike

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Tomasetti is on the call somewhere out there and our vice-chair has a few

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questions good morning have you submitted your documents and exhibits

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five days in advance of this hearing? Yes, with the exception of an RCO letter. I mean,

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the meeting went really well. I know that at least Attorney Emerson is on the back and forth

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with Doris. There seemed to be some confusion about why the property address on the actual

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notice is 2144, but the address on the plans is 2148. And that has to do, again, we'll discuss it

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about the subdivision but the point being um she has not submitted her letter yet so i don't know

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has not submitted her letter yet so i don't know we followed up again this morning after

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we followed up again this morning after

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several follow-ups but we haven't got it as far as i know okay thank you for that information

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and do you waive the read another refusal and stipulate to its accuracy i do okay thank you

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you can share your screen and proceed with your case or can we go on i i think we're i think

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we're fine excuse me okay all right so uh is that my my new presentation uh joseph okay

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joseph consul for chivetta property that's 2144 yeah yeah that's where we're at yeah

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um mike thomasetti's here representing chivetta uh this is 2148 master street uh referenced in

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your system as parent parcel address of 2144 Master Street. This is parcel A of

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a larger subdivision. So let's see if I can find it. Here is the evidence of the

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subdivision. I'll give you the before. It was sort of weird how this corner

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property, which becomes parcel A on the right, was part of the sort of lower

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property here. And so what my clients did with the property that they received from the Philadelphia

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Housing Authority was create the single family lots that you see in front of you now. And we're

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here regarding what this calls Parcel A, the corner of 22nd and Master Street. The corner

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property, like all the corner properties here are located in CMX2. So we have a refusal

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because what my client is going to do is build a single family home. And we're not able to

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provide the necessary commercial space on the first floor. We believe the hardship exists.

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We're in contract with the Philadelphia Housing Authority. And in order to provide this housing,

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we'd be unable to provide that commercial space.

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On top of that, a more traditional type of hardship is

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if we're looking at the other approvals,

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we've got other one corner, two corners, three corners.

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There are no commercial spaces that exist in this area.

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So we don't believe that anyone wants to see one placed here.

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So those are kind of the two pillars of our argument.

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that's the subdivision. It's going to be a three-story home. As you can see here, this is the

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one plan for that. I'll go through just quickly the three plans that we have.

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It's another showing the elevation. Coming in at, doo-doo-doo, there's the roofline.

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other plans so that you know the Chiveta has a couple of different models they always match the

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facades of the surrounding buildings and this is one of their three-story models there's the deed

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of confirmation data subdivision that is how this property got split prior to coming through this

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zoning process. Already showed those. They're proof of mailing, proof of photos,

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gives you an idea what the lot looks like in February.

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Sit from the side.

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Here are other properties in the same subdivision, so you get an idea of what this property is going to look like.

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These are in progress.

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And there's the deed again.

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So I'll call my client, Mike Tomasetti, to adopt my testimony.

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I understand if we have to wait for the RCO, although I don't anticipate that being at all negative.

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Yeah, Mike, are you available to raise your virtual hand?

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Michael has been promoting.

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Hey there, Mike.

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Michael Tomasetti, can you unmute yourself?

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Michael Thomas said he can you unmute yourself.

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Yeah, you hear me? I, Mr.

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So, could you please state your name and spell for the stenographer? Yes, my name is Mike Thomas. Setti T. O. M. A. S. E. T. I. you swear affirm to tell the truth told truth. Nothing but the truth. Yes, I do. Would you turn your video on please? Sure.

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All right, Joe, is that your cue, bud?

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Normally I'm cued. So, Mike, did you hear my testimony just now regarding your property at

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2148 Master Street? Yes, I did. Do you adopt it as your own?

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Absolutely, Joe. Okay. We have nothing else to add except,

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uh michael we did meet with um doris and the brewery town shardswood community association

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in december that's correct correct okay only haven't heard from them yet i have nothing

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further for my client all right questions from the board

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questions or comments from our attorney hillary emerson not at this time mr chair questions or

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comments from the virtual audience there are no needs here planning commission good morning liz

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fuselay on behalf of the philadelphia city planning commission the comprehensive plan recommends uh

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no change change from the cmx2 commercial mixed use zoning to rm1 residential multi-family at

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this location the appellant has shown that the proposal fits within the existing neighborhood

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context and granting the variance will be in harmony with the purpose and spirit of the zoning

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code the city planning commission recommends the board grant the variance for no active ground floor

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active use um hillary we'll wait for the rco um we can do that mr chair um i would um set the

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that give a date for it right why don't we do two weeks is that okay okay that's fine that would be

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march 11th we'll vote in 9 30. 9 30 a.m march 11th see if we can't get that right and the record is

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uh otherwise closed except the rco letter and any response from the applicant all right thank you

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thank you joe thank you all right number 11 mi 20 25 005 130 25 32 north 18th street

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karen wise is the attorney corinne wise um

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partner wise is coming in as panels sure

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good morning mr chair members of the board hi could you please state your name and spell for

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the stenographer yes corin wise c-o-r-e-n w-i-s-e right um do you swear or affirm to tell the truth

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the whole truth nothing but the truth yes sir could you identify your client the relationship

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to the property i represent alex palmer he's the administrator for the estate the estate owns this

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property the state of henry nailer uh alex palmer should be in the audience and i ask him to raise

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his hand all right right and our vice chair has a few questions good morning have you submitted

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your documents and exhibits five days in advance of this hearing yes i have and do you waive the

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reading of the refusal and stipulate to its accuracy yes i do you can thank you you can

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share your screen and proceed with your case thank you

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let me try that again

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okay you should be seeing my exhibit packets yes okay so this property is 2532 north 18th street

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