civus
Hearing video

ZBA Hearing - March 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 3, 20214h 25m

opposition from the rco the council member at this time would have to uh support the community's

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opposition to the appeal. Thank you. Excuse me, Chair. This is Sharon again. I have a list of

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the provisos requested by the RCO, but I do not have a copy of the letter. All right. Well,

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Mr. Master's testimony is, and Mr. Francis' testimony is that the neighbors are opposed

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to it, but in any event, Planning Commission. Good morning, David Fecto, City Planning Commission,

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Mr. Chairman, members of the board. The comprehensive plan recommends this property

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for residential single-family use. We believe these are the minimum variances required

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to enable the applicant to derive value from the lot. We recommend that the board approve

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the requested variances. Thank you. MI 2020-002-700-2710 Lacona Street. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes. My vote is yes.

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Thank you. Thank you very much, members of the board. Thank you.

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um hey this is the court reporter may i question the um he mentioned an architect's name and i i

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need spelling on it just in case there's ever this ever comes up

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uh yes um get you the spelling it's a little unusual

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first name is m-a-g-d-a-l-i-s

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last name is m-e-l-o okay thank you very much you're welcome have we heard back from miss jones yet

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i'll take that as a no all right she's online she's there oh okay were you able to uh make a

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contact with him i was able to reach out to miss bennett who is um at saint elizabeth's rco that's

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the project home um so apparently she said they they met about the previous project but did not

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have any record of and that the one of the um the captain um had um expressed some opposition

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it just all seems a bit muddled unfortunately but it doesn't appear that there was

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um a official rco meeting for this particular yeah and the owner did testify that he was not

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able to for whatever reason not able to get that together um i'm just curious because apparently

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there was no opposition to the thing the adjacent property all right we'll vote that at the end um

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so we'll move forward with the rest of the cases and we'll take that up at the end of this list

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thank you thank you

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so we are

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on number

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nine

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nine was

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continued

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number 11

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calendar number

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2681

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4320-22

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Germantown Avenue

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the attorney is Vernon Anastasio

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this was the one we were trying to figure out

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by continuance

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of course the third the applicant wanted to go forward

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yeah working something out with

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on the date

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carl let's go to the next one and we'll come back to that i think they were trying to work

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something out on the date mr chair yes i'm sorry mr anastasia was on was online now

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okay all right verne hi mr chair uh i have not heard back from miss sunkett as of yet with

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respect to a continuous continuous uh date versus um the other sort of date that uh i don't know if

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i don't know if they're the same if they are the same then i think it's six of one half a dozen of

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then I think it's six of one half a dozen of the other uh if if uh if they're not the same

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the other, if, if

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then I'd prefer this the one that's sooner of course but I don't know I don't haven't heard

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from uh Ms. Sunkit as of yet all right um well we do have another let's hear another case and

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we'll come back to you give it a few more minutes are we going to do a resumption with this well I

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I think the, if I recall correctly, we were trying to get an earliest date possible.

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And I know you said nothing was available until June or July.

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So it depends. Is it a continuance or a resumption?

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Excuse me. This is Sharon.

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Tanya, that's the choice they're trying to make.

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It's that they could do it today and limit a resumption only to testimony regarding the results of the second hearing, or they can continue it entirely.

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um we're leaning towards resumption if i recall correctly march 31st at night if if march 31st

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is the resumption and the continuing the continued uh hearing would be in june or july then of course

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let's uh if it's okay with everybody i'd like to do the resumption okay all right we'll we'll do

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that all right so mi 2020-002681 4320-22 germantown avenue is continued to march 31st

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you're right i apologize i think this hearing will be resumed on march 31st at 9 30 a.m at which time

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the board will consider any feedback related to the rco's position yes but you're going to hold

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hearing now the main hearing right right okay thank you thank you

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so mr anastasio yes name and address i'm already on the record and i've asked you about the exhibit

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packet and all that you have okay you may proceed thank you i for whatever reason i lost my

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material that I want to show you so if you just give me a minute it looks like everybody's having

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some technical issues today but that's okay I can get it up pretty quickly here

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Mr. Anasajo may I promote the panelist

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yep could you please so I could share my screen

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you've just been promoted to panelist sir

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Thank you, sir. Let's do some screen sharing.

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There it is. Okay. So this is 4320-22 Germantown Avenue. The application is for a three-family

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dwelling. It's a double-wide property, a zone CMX2. There's only one single refusal. It's not

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that it's because it's CMX2, the building must contain 100% of ground floor frontage of commercial

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use. That is not what we're proposing here because this is a, physically you'll see,

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this is a multifamily dwelling, just like every other property on the block. This portion of

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Germantown Avenue is not a commercial corridor of the two dozen or so pieces of real estate on the

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block. There's only two commercial uses on the first floor. One is a home health care office

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and the other is a daycare. So it's not a viable space for commercial use. I'll take you to the

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plans, which my client was kind enough to draw up to scale. It's a double wide property, as you'll

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see in the photos forthcoming and you enter the property through a gate on the side all of this

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is side yard which is very big runs the entire length and there's a large backyard as well

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the first floor has a door right here onto the to the left with common area hall that goes up to the

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second and third floor apartments another door takes you into the living room kitchen area

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and two small bedrooms then we have the second floor apartment

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that comes up from the stairwell you have a living room full bath and two bedrooms you go

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up again to the third floor and it's two bedrooms nice size living room there is plenty of space

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for three trash receptacles because as i said it's a double wide property and it's

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for three trash receptacles because as I said it's a double wide property and it's a very large

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side yard and rear yard this is the property in question there's the gate that I referenced

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for entrance there's proof of posting this is the interior of the property as you can see

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it's not commercial at all and neither is any other property on this block but for two

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and one is on the corner and this is in the middle of the block

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and this property has been falling in on of itself and my client would like to rehab it

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here's proof of mailing 74 pieces went out neighborhood notification for the rco meeting

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which was in fact held on February 23rd at 6 p.m.

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And the Zoning Board hearing, which is this morning, March 3rd at 9.30,

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although we're coming up on 11 a.m.

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And given the physical uniqueness of this property,

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the fact that it is in its current condition,

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not commercial on the first floor,

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which is consistent with just about every other property on the block.

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This is not a commercial corridor, and therefore we respectfully request that this unit right here remain a unit for residential purposes.

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And with nothing else, I'd like to call my client, Haim Bahameen.

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Haim, if you're there, could you please raise your hand?

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Good morning, sir. Please identify yourself with a record, spell your first and last name, and I'll swear you in.

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Mr. Chair, I do not see the client's hand. He may have left.

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Okay, well, as an officer of the court, we'll stipulate that your client would adopt your testimony.

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I appreciate that. Thank you. And with that, I'm going to rest my principal case.

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Any questions so far from the board?

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No.

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No.

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Anyone else?

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I'm sorry, Mr. Chair.

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Mr. Charles Richardson has his hand raised again.

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Do we allow him to speak?

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Yes, please.

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Mr. Richardson, you're still under oath?

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Good morning, Mr. Chair and board members again.

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Point of clarity, though, with regard to this block, the other properties that are on the block are all single-family homes.

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The only one that is 4310 has three apartments that was converted, but it's an illegal conversion.

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And it's being under investigation right now by L&I.

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But the rest of these are all single-family homes with the mailboxes and things along those lines for single families.

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that's how they were constructed and that's how it should should uh at least at least remain uh

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as far as the councilwoman's concerned um other than that we're looking forward to having a

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resumption and uh hoping that the community will be get involved in a meeting that will take place

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within the next week or two okay thank you mr chairman i just want to address that one point

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That's a very good one. We also look forward to the resumption results.

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As far as this particular property is concerned, it is not, nor has it ever been, zoned for residential single family.

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As the refusal that we've submitted clearly states, it's CMX2, which means, and especially given the size of the lot, three units is a matter of right.

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it's just a matter of whether or not that first floor unit is either commercial on a block that

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has no commercial use which the council members liaison just you know reiterated or if it's going

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to be a residential use that's the only question before the board not whether or not this should

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be single family it's not single family whether the only question before the board is will these

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three units be one commercial on the first floor and two two residentials above or will this be

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simply a residential property thank you thank you for clarification on that all right well you're

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going to have some time to meet with the councilwoman and the community of planning commission

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good morning david vecto city planning commission mr chairman members of the board the comprehensive

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The comprehensive plan recommends this property for commercial mixed use.

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However, there is a documented history of single-family use of the property,

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however there is a documented history of single family use of the property dating to 1981.

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dating to 19...

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we do not believe it would be reasonable to expect the applicant to convert the

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ground floor from residential to commercial we recommend that the board grant the proposed

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variance thank you thank you as i said earlier this is resumption hearing we'll see you back

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here on march the 31st at 9 30 a.m thank you sir thank you

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Calendar number 0276812 East Schiller Street.

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I have Mr. Pablo Mata.

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i want to go on to speak if that is okay thanks mr mata identify yourself with a record spell

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your first and last name and provide us with your address

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morning can you guys hear me yes yes okay good morning my name is pablo manta

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P-A-B-L-O

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that's my first name

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my last name is M-A-T-A

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and please allow

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you swear and affirm to tell the truth

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the whole truth

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nothing but the truth

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yes I do

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sir have you mailed the exhibit packet

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with the required documents

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consisting of proof of ownership

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tax compliance

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refusal or referral

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photos and or plans of the property five days in advance of this hearing and have you met with the

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rco and do you have a letter yes you may proceed um so first of all um i'm sorry allow i'm sorry

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mr hand can you promote him to panelists please

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He's promoted to panelists, Ms. Duncan.

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You may proceed.

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All right.

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So please allow Bedixta Cadillo, who is my expediter to share the screen as I go along

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with the explanation.

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That's fine.

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So I'm the owner of property located on 812 East Chiller Street, Philadelphia PA 19134.

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And the original application was for a change of zoning from a single family to a duplex.

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and can you please

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can you please put your exhibits up

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excuse me

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so vice chair

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he's going to have the Dita put the

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screen up so she's just been promoted

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and then he's just going to talk through

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it so she's been promoted

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she should be preparing now

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thank you

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but Dita you can

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share your screen but keep your mute on

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please

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Can you see the screen?

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No.

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One second.

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Okay.

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Let me know.

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Got it now?

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Coming up now.

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Okay, we have it.

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Okay, if you can zoom in in, please.

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So, as you can see, this application, so the original application was in September,

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