civus
Hearing video

ZBA Hearing - November 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20224h 55m

was reconsideration appropriate mr chairman and members of the board based on a purported

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contention that no one knew about the case uh in the months preceding or not and i think that the

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record is quite clear uh that there was appropriate communication thank you questions from the board

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yes mr chairman could council give us what's a vote for yes means and a vote for no means

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on this case tom we're going to hold the vote okay thank you mr chairman we're going to hold

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the vote for executive session okay thank you any other questions from the board

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hillary should we open this to the virtual audience

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no mr chair um this is a reconsideration um hearing that it was limited to one planning

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yes we do want we do want planning because it is it is okay um consideration hearings they get

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they do give um their opinion mr chair could i could i just make one final comment you can

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okay thank you um council mentioned that um it's not fair to the property owner

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i would just ask the board to balance that against what's fair to the community to the

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other business owners to the um area at large and uh this is something that fortunately um

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There is no lease. There's never been a lessor. It's something that's going so far outside.

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I don't have one retail in forget 300,000 or whatever it was square feet or that that this is.

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I have stadiums of of industrial ground in the industrial parks all around the far northeast, starting at Grand Avenue and going up thousands of jobs.

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There is not one retail fast food operation in any of those.

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And there's a complete lack of hardship.

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But the fairness issue really struck me because this is fortunately something that wasn't built.

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We don't have somebody operating.

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They're just looking to make more money.

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And I think the fairness has to be weighed on both sides.

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Thank you.

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I understand.

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objection to that statement i i understand counsel uh planning commission

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good morning chair bergman members of the board ian hegarty representing the philadelphia city

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planning commission last name spelled h-e-g-a-r-t-y you swear a firm to tell the truth

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the whole truth and nothing but the truth i do thank you and thank you chair good morning board

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members um with regards to the merits of this case the comprehensive plan recommends no change

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to the existing i2 zoning at this location zoning variances for retail and consumer oriented uses

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in industrial zoning have a negative cumulative impact on the viability of the city's industrial

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centers variances like this although they may appear insignificant have substantially eroded

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available industrial land throughout the city this proposed variance directly conflicts with

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both the comprehensive plan and the city's industrial retention policy we recommend that

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board deny the variance thank you so mi2022-004-396-2901 grant avenue we will hold for

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review an executive session and vote on 11 30 22 at 9 30 a.m thank you council thank you

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Mr. Chairman, may I have the opportunity to just briefly question Mr. Haggerty?

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Sure. Go ahead, Mr. Haggerty.

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uh good good morning mr haggerty just just a a question on um the uh planning commission's

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Good morning, Mr. Haggerty.

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Just-

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apparent uh change in uh opinion are you aware that the revised proviso plans that had been

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approved to the board incorporated all of the planning commission's suggestions regarding the

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proposed use yes and uh is it a fair statement that uh the applicant worked uh with the planning

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commission regarding that presentation that provides presentation that had been previously

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submitted it is thank you very much nothing further thank you thank you chairman board members

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uh councilman o'neill and staff all right thank you so this will be held for review in executive

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session and voted on 11 30 22 at 9 30 a.m thank you mr chair this is hillary i just i want to

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interject because um i forgot to to reference this earlier and mr labor reminded me thank you

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um the record from the prior hearing and in december is incorporated um into this hearing

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i just wanted to state that clearly for the record thank you mr labor and the brief following please

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Thank you.

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Thank you.

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Okay.

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We're going to go to case number one, MI 2022, 003-518-1340 Alter Street.

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Vern Anastasio is the attorney.

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Letter of non-opposition from Paschal Square Civic Association.

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Mr. Anastasio is coming back in as a panelist now, Chair.

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Good morning, Mr. Chair.

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Morning, counsel.

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Could you state your name, please, and spell for the court reporter?

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Sure.

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Vern, V-E-R-N, last name A-N-A-S-T-A-S-I-O, Anastasio.

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Right.

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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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I do.

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Mr. Chair, before we start on this case, I had my hand raised for 780 South 2nd Street,

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which was continued until December 14th.

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Yeah, I did it.

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3.30.

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that would be the fourth listing and i i was just i raised my hand earlier asking that the case

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be marked must be tried since it was the fourth listing um i will mark that must be tried thank

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you thank you i just wanted to clarify this is hillary i just wanted to clarify the for

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the record um we actually we have that as the third listing not the fourth listing for this case

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um but we can we can mark it must be tried thank you seems like four bern could you identify your

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client and relationship to this property yes uh i represent satchco llc sassine abdujada is the

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um primary of satchco okay our vice chair has a few questions thank you

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hi mr anastasia do you agree to wait the reading of the refusal and stipulate to its accuracy

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i do have you emailed the exhibit packet with proof of ownership tax compliance a copy of the

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refusal or referral photos and or plans of the property five days in advance of this hearing

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and have you met with the rco and do you have a letter yes to all of that okay great you may

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proceed and begin with sharing your screen and i just want to mention one other thing council

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Council member Mark Swill has non-opposition to this case.

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Thank you.

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If he is in the virtual audience, could you please promote architect Ian Toner?

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Sure.

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Do we see him?

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Yes, he's coming back in as a panelist chair.

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Thank you.

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Good morning.

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Could you state your name, please, and spell for the court reporter?

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good morning is the architect there

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yes he's um coming in as a panelist i'm not sure why it's taken sure thank you

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hi everybody hi could you state i'm finally in yes well that's good could you state your name

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and spell for the court reporter sure ian toner of toner architects i-a-n-t-o-n-e-r right do you

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swear or affirm to tell the truth the whole truth nothing but the truth yes proceed counsel thank

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you mr chairman this is a 1340-42 altar street it's for the complete demolition of an existing

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a two-story row home, and for the construction of an attached structure with a roof deck, roof access.

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And for the construction of an attached structure with a roof deck, roof access, multifamily household living for three dwelling units.

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This is the property in question. This is what would be demolished.

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And as this green line indicates, it'll take 340 and 342. It's basically a double lot.

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This is pictures of the rear.

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and this is interior photos of the existing row home there's a street view looking east

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street view looking west

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as you can see there are taller buildings here a three-story building here

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now these are proof of posting

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and we also have the deed and what should pass for a tax clearance in this case

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and with that I'm going to pull up the plans

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basement is utilities we have a den and a bedroom with a access well

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the first floor is a large living room dining room kitchen open sort of layout another bath

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and a bedroom second floor we have again large open space living room dining room kitchen

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for one of the units the rear is the second because of the center stair

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You would access the third unit.

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The property itself does not exceed height requirements.

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And if Mr. Toner would like to weigh in on the design itself, I will leave that up to him.

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sure uh i mean the the upper i think if you move up on the page there verne you can see the third

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floor plan also i think you missed that as you were summarizing but i think you're right um these

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are all three units are two bedrooms all three units have outdoor space uh the reason we're

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doing the bi-level units on the upper floors is so that each of those units can have access to

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the roof. The ground floor unit has a private portion of the rear yard that is fenced off from

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the public portion of the rear yard. The public portion of the rear yard to the right is where

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all the trash cans will be, so they'll be back off the street but outdoors so that they're not

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in the building. We have an access way at the ground level from the sidewalk to that portion

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of the rear yard for both egress and for bringing the trash through so that there's no issues with

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bringing trash through the building or any reason why any of the tenants wouldn't want to use the

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trash area and i think by all other measures aside from it being three units we're meeting

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all the dimensional requirements of the code so the only thing we're on a double wide lot

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So instead of having two single-family homes, we have one triplex proposed.

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And I think Vern, you have the rendering there if they want to see that on the next slide.

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And that's the exterior rendering. It will eliminate a vacant, neglected lot and rehab

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a completely dilapidated shell of a single-family home and be a real upgrade to the block.

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and the RCO agreed.

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We have the community straw poll

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and the committee vote

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voted six to zero

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in non-opposition.

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Here's proof of mailing

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to 75 individual households

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of the flyer that went out.

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Here's a copy of the flyer.

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And the system was down,

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but we were able to, in fact,

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get a screenshot that we did pass for the tax clearance.

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And with that, I'm going to ask my client to raise his virtual hand.

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Sir, please unmute yourself and excuse me.

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

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My name is Sassine, I'll try to see how it can work.

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Sorry, do you have two devices on?

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Sorry, do you have two devices on?

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Yes, I do.

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Yeah.

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Yes, I do.

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Yes, you have to mute one because we're getting feedback.

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Okay, can you hear me?

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It's still giving feedback.

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Maybe you need to move away from the other device.

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can you hear me now yes could you state your name please and spell for the court reporter

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that's spelled s-a-s-e-e-n last name is a-b-u-j-a-w-d-e-h right do you swear a firm to tell

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truth the whole truth is nothing but the truth i do proceed counsel thank you mr chair sissy did

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you hear my presentation to the board this morning yes i did and was it true and accurate to the best

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of your knowledge yes and would you will you adopt it as your own testimony yes thank you

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mr chair um i have nothing further other than in a wrap uh because this use is uh consistent with

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other multifamilies on the block because we are taking an abandoned vacant shell and also

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a blighted lot combining them both to provide three excellent housing products I respectfully

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request so council the the other large properties that you showed on the block were they multifamily

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there are multi yes the real tall ones are multifamily right okay thank you questions

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from the board no mr chairman no mr chairman no mr chairman questions or comments from the virtual

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audience i see you know he is chair planning commission thank you chair bergman ian hegarty

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for the philadelphia city planning commission board members the comprehensive plan recommends

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no change to the existing rsa 5 single family zoning on this block the single family zoning

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has been in place on this block face since at least 1988 we don't feel the applicant's hardship

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claim has been supported with evidence of unique physical circumstances or conditions of this

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property and so the city planning commission recommends that the board deny the variance

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thank you so mi2022-003-518-1340 altar street i vote yes carol tennery my vote is yes thomas

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holloman my vote is yes james snell my vote is yes ishmael ishmael shaheed my vote is yes

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thank you thank you thank you council

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so mi2022 number two mi2022 003 461 3161 richmond

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katerista belasca is the owner pro se this is the first listing we've been notified of a possible

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withdrawal i see no hands at this time chair

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hillary i'm going to continue this until we hear from the the uh the owner okay

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Yes, Mr. Chair, thank you.

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So MI-2022-003-461-3161 Richmond Street, this case is continued, and Mark must be tried.

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Number three, MI-2022-003-481-1638 South 18th Street, Henry Clinton is the attorney.

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At this point, we're still waiting on an RCO letter.

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we also have a petition signed by approximately 19 neighbors in non-opposition

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morning mr chairman members of the board

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could you state your name please

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right um do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do could you identify your client in relationship to the property

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Sure. My client is Xing Shang Hang. That's S-H-I-S-H-E-N-G-H-A-N-G. And Mr. Hang is on the call with me.

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Okay. Our vice chair has a few questions.

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Good morning, Mr. Clinton. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with required documents consisting of proof of ownership tax compliance,

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a copy of the refusal or referral photos under plans of the property five days in advance of

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this hearing and have you met with the RCO and do you have a letter yes to all the above except

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Yes, to all of the above, except the letter from the RCO. I don't know that it's in the package yet. I just was on the phone with the president of the Point Breeze Community Development Coalition, and he said the letter will be forthcoming.

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the letter from the RCO I don't know that it's in the package yet

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So, but we do have there's non-opposition and or support.

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Okay, great. You may proceed and begin with sharing your screen.

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