civus
Hearing video

ZBA Hearing - April 27, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 27, 20224h 7m

yes as a like i mean licensed real estate agent i have been doing this almost seven years

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so there is a commercial big shopping center there i think it will meet the community criteria

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and then community needs so there is no active commercial corridor especially 20 block and 21st

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block and the 22nd block i know the entire block because i had a lot of transaction there

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um all the way up to 23 24 block of the german town there is not too much active corridor there

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so and do you adopt my testimony as your own yes thank you questions from the board no mr chairman

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no mr chairman questions or comments from the virtual audience

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sir i have mr sloan folk with his hand raised i have allowed him to speak sir

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good morning mr folks could you state your name and spell it for the court reporter good morning

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Good morning, Mr. Folks. Could you state your name and spell it for the court reporter?

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Good morning, Chairman Bergman, ZBA Board. My name is Sloan Folks, S-L-O-A-N-E, F-S-A-F-I-R-O-L-K-S,

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representing the Office of Councilwoman Maria Canina Sanchez from 508 City Hall.

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Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do, sir. Thank you, sir. The applicant, having met with the coordinating RCO and receiving letters

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of support, our office supports this various requests. Thank you. Thank you. Any other comments

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from the virtual audience? Ms. Tiffany Chavoux with her hand raised. Hi, could you state your

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name and spell for the court reporter, please? Yes, Tiffany, T-I-F-F-A-N-Y, Chavoux, C-H-A-V-O-U-S,

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v as in victor o-u-s i am here on behalf of the west gerard progress uh rco and we too

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do you swear do you swear a firm to tell the truth the whole truth and nothing but the truth

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yes proceed um we are here in support of the variants thank you for calling in we appreciate

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that thank you any other comments from the virtual audience i see no further hints mr

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Planning Commission. Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning

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Commission. The comprehensive plan recommends no change to the existing CMX2 commercial mixed use

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zoning here. However, given the absence of commercial activity on this block, we acknowledge

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that the site conditions make commercial ground floor impractical. We recommend that the board

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grant this variance. Thank you very much. MI 2021-003-882-2021 Germantown Avenue. I vote yes.

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Thomas Holliman. My vote is yes. James Snell. My vote is yes. Ishmael Shahid. My vote is yes.

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All right. Mr. Nakam Singh, could you stay one, please? Yes.

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mi 2021-005-190 2036 waterloo street letter of non-opposition from councilwoman sanchez

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letter of support from the north square civic association

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thank you uh again my name is alan a-l-a-n last name notkinson n-o-c-h-u-n-s-o-n

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123 South Broad Street, Suite 1600, Philadelphia PA, 19109.

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You've already been sworn.

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Could you identify your client and their relationship to the property?

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Yes.

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I represent the homeowners, Gage and Kristen Brown, and they are, my understanding is they're present in the virtual audience.

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And to conclude my presentation, they'll adopt my testimony.

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Thank you.

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Mr. Holloman has a few questions.

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Good morning again, Counselor.

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do you agree to weigh the reading of the refusal and stipulate to his accuracy i do did you email

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all of the exhibits as required proof of ownership tax clearance copy of refusal referral pictures

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of drawings of the property five days in advance of this hearing did you meet with the rco do you

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have an rco letter yes we have a letter in our presentation packet from norris square community

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alliance in support of this project um i did not receive the letter of non-opposition from the

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district council member uh but my understanding is that mr folks is also in the audience and i'm

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starting to confirm uh the council members uh support as well can i share please proceed

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please proceed and share the screen

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all right so this is actually a very straightforward project i'm not representing

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developers here i'm actually representing homeowners uh who are looking uh to expand

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their home so they can remain in the neighborhood uh gaj and kristen brown have been homeowners

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in the north square community for some time and you know they're very familiar with their neighbors

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have great relationship with their neighbors and that is why they receive significant support for

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this project uh 2036 moral history um in my presentation packet will review the notice of

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refusal the correspondence we received from norway square community alliance uh in addition to the

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letter of overwhelming support for this project my client made the concerted effort to reach out

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so we also have a petition from many of the nearby neighbors that would be most

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directly impacted by this project, including 2038, 33, 30, 31 Waterloo, amongst others.

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We directly also address the variances that we're requesting. So you'll see nearby similarly situated rear yards, nearby three-story structures. Then we'll review the maps of the area, photographs of the property in the surrounding area, then our plans and drawings.

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We directly also addressed the variances that were requested.

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Then we have proof of our community notice that we sent out, along with the proof of mailing, our deed to the property, showing that Gage and Kristen Brown are the owners of the property, our application for appeal that we filed with the ZBA, and our certificate of tax clearance.

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At the conclusion of my presentation, again, the Browns will virtually raise their hand, adopt my testimony, and then we'll be more than happy to take any questions for the board.

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All right, notice the refusal. This is an RSA 5 property. We're just doing an addition on top and in the rear of this property. We're keeping its single family nature. There are three refusals. The first refusal deals with the rear yard depth because it's just a small lot and narrow because it's only 12 feet wide.

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In order to make it functional, we need it to expand not just up but back, but that's an out of character, and you'll see from photographs of surrounding properties, and you'll see that, you know, nearby neighbors that are directly impacted have no projections to this request.

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Secondarily, or second, the occupied area, which kind of goes hand in hand with the proposed rear yard, we're asking for a variance in terms of our obligations.

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Because of the width of the property, in order to have a functional floor plan, we need it to not only go up, but go back, and we're requesting that as well.

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Just for your information, this lot is only 550 square feet, so it's rather small.

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It's only 12 feet wide, so it's very, very narrow, but we want to put a functional property

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or building structure there. The third refusal has to do with the rear yard setback because

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we're between two-story structures. We're technically required under the code to have

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an eight-foot setback. If we did that, we wouldn't even need a third story because we wouldn't have

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a functional floor plan, and that's why we're asking to go straight up. Again, you'll see

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photographs of similar situated properties in the neighborhood, where it has been allowed as well.

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All right, our letter of support from the North Square Community Alliance, as you can see,

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they overwhelmingly favored our project by well over 90% of the people that voted.

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And then our petition, we had people who were within the affected area.

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City Planning Commission gives us addresses of those individuals, and we specifically ask those individuals to support the project, which includes 2033, 2030, 2038, 2031, Waterloo.

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And then you can see, like, literally, they printed out the spreadsheet that we gave them of those addresses, and they got many more individuals as well on top of that.

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As you can see, 20, 26, 29, 30, 31, 32, 33, 34, 36, 38, and more air low.

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Some individuals, you know, they weren't able to reach.

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Some are vacant lots.

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Similarly situated rear yard.

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So, again, we're asking for a rear yard variance.

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As you can see with 20, 31, Masher is a rather small rear yard right here.

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which is non-common even this one would not comply with nine foot rear yard setback and then here

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2032 another photo of it showing how small the rear yard is and then 157 Palmer Street is also

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a rather small rear yard and then nearby three-story structures right so we kind of did an

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inventory this is our house and we took an inventory which is basically here the couple

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outliers but you can see uh just as an example just on this block 2036 um is a is a three-story

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structure uh 2225 waterloo which is next block up uh or a couple blocks up is a three-story

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structure which actually the reason why we took this photo is showing exactly what we would be

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doing uh with our property taking a two-story structure going straight up and then adding in

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the rear as well. And then you can see Pellthorpe, which is close by to us, also has that similar

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type of approval. And then Masher Street, another on Masher, another on Masher. Then some on West

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Norris as well, three-story structures. North Howard, three-story structures. And more on North

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Howard, more on North Howard. 2035 Waterloo, which is actually across the street from us,

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is a three-story structure as well.

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is a three-story structure as well. And then maps of the area, again, we're yellow, we're single

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And then maps of the area, again, we're yellow.

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We're...

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family, and, you know, we're not looking to change the character of this portion of the neighborhood.

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We're just, my clients just want to have more room for themselves as, you know, residents of

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the Norris Square community. And then here's our property from just, you know, so you can see the

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physical building structures as well. And then from a Google map perspective. Then photographs

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of our property this is the front of our property again one between two two story structures

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here's the rear of the property uh showing uh the rear yard and then waterloo to the right of

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the property waterloo to the left of the property and then our plans and drawings

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i apologize i'm having uh all right so first floor plan again open concept here living room

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kitchen you know basically we're expanding around nine feet in the rear so just to have a functional

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open floor plan. Because it's such a narrow property, we need that in order to have that

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functionality. Then the second floor, as you can see, essentially another bedroom with an open

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floor plan, and then a third floor with another bedroom. If we knocked out that eight feet right

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here, we would essentially have not much of a third story. And then our roof plan.

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Again, we met with the community on April 6th at 5.30 p.m.

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94 addresses were notified of our community meeting for a list of our addresses, proof

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of mailing, our DTIP property showing that Kristen Barrett-Brown and Gage is his informal

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name.

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He actually, his legal name is Gary Brown.

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And there are applications for appeal to the ZBA.

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Okay, originally my clients filed this on their own,

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kind of got lost in the process.

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We assisted them in redirecting them

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and getting them to this point.

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And they're very excited about starting

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or completing this renovation project.

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And here's our certificate of tax credits,

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showing that my clients owe no taxes,

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real estate taxes to the city.

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With that being said,

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I would ask that the Browns virtually raise their hands

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and get sworn in.

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Hi, could you state your name and spell for the court reporter?

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Kristen Barrett Brown, K-R-I-S-T-I-N-T-I-B-A-R-R-E-T-T-B-R-O-W-N.

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

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Yes.

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Proceed.

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Mrs. Brown, you heard everything I stated today.

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Yes.

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And is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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All right, thank you.

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questions from the board no mr chairman that's great no mr chairman

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questions or comments from the virtual audience

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i have a mr john scott with his hand raised i have allowed him to speak sir

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mr scott you've been already been sworn to state your name and you can start your testimony

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john john scott j-o-h-n-s-e-o-t-t thank you uh i'm the ward leader for fish town south kensington

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and Norris Square. I actually visited this area on April 9th. I discussed the project with a

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number of the nearby neighbors and the homeowner. The neighbors spoke very highly of the project and

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the homeowners, and I would just respectfully ask that you approve it. Thank you.

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Thank you. Thank you for calling in. Any other comments from the virtual audience?

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I see no further hands, Mr. Chair. Planning Commission.

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Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission. In 2021, the zoning map was amended here from RM1 to RSA 5 in accord with recommendations from the comprehensive plan and with community support. The proposed dimensional variances here we feel are commensurate with the small lot sizes, and so the City Planning Commission recommends that the board grant the variances.

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Thank you. MI 2021-005-190-2036 Waterloo Street. I vote yes.

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Thomas Solomon, my vote is yes.

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James Snell, my vote is yes.

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That's three.

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All right.

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Thank you.

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Thank you.

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I knew it wasn't working, but I'm a yes.

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Okay.

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Thank you.

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Thank you.

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number six mi 2021 005 187 2116 gillingham street

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005-187-2116 Gillingham Street.

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No exhibits first listing.

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Applicant is Shanaz Dabedin.

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Shanaz Dabedin, if you're in the virtual audience,

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please raise your hands so that you may be sworn in.

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Wait, Mr. Chair, I don't think I see them

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in the audience this morning.

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Okay, thank you.

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MI 2021-005-187.

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This case is continued.

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Mark must be tried.

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Number seven.

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MI 2021-005-159-2148 Webster Street.

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Kelly Bloom and Keith Fowler.

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Letter of support from SOSNA.

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i'm promoting miss kelly bloom to panelists sir yep

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hi could you state your name and spell for the court reporter please

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hi sorry can you hear me you made me rejoin we can could you spell your name and

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spell for the court reporter. Yes, Kelly Bloom, K-E-L-L-Y-B-L-O-O-M. And are you also able to

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add Beth Johnson? She's the architect we're working with. I'm going to present this.

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Here's what we'll do. You have to do the testimony. Okay. And then if we have any

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questions, she could help with it, but you're the one who will do the testimony. Okay.

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You swear for her to tell the truth, the whole truth and nothing but the truth.

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Yes. Mr. Holloman has a few questions for you.

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I'm sorry, Mr. Chairman, did you email all of the exhibits as required, such as proof

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of ownership, tax clearance, copy of the refusal, referral pictures and drawings of the property

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five days in advance of this hearing? Did you meet with the RCO? Do you have RCO letter?

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so i have everything except for the tax clearance i've been requesting it for about a month now and

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i haven't gotten a response so i don't have that yet please proceed and share your screen okay

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thank you sorry mr chair this is hillary emerson um i checked the city's website and found a zero

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balance um on the on the taxes for the property so the tax clearance requirement has been met

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thank you great thank you all right can you see my screen yes okay i'm going to just walk through

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the packet of documents here so first off um i'm the whole number of the property my husband and

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i we just bought the house in 2021 uh so we actually closed on april 30th last year so we've

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