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Hearing video

ZBA Hearing - July 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 31, 20246h 45m

We didn't hear a case yet, so don't worry.

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We're back.

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Thank you.

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Counsel?

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Yes, can you hear me?

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Yes, yeah.

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I haven't seen your documents up yet.

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Yeah, I'm waiting for them to come up. Here we go. Good afternoon, Commissioners. I represent 1720 West Ontario Street. I have submitted a package of documentation to the Zoning Board of Adjustment.

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My package includes the permit application, a refusal, the appeal, a property information form, the tax clearance information, deed, planned, pictures, community letter of support, excuse me, community letter, proof of mailing, and a letter of support.

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Commissioners, this property is listed as an RSA 3.

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At this time, we would like to get the property approved for use as a 3 family dwelling.

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We did submit an application to license and inspections, and we did receive the refusal.

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We appealed this application to the Zoning Board of Adjustment.

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I show you the property information form.

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the tax information is actually a tax credit

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the deed this was a sheriff sale property the applicant bought the property at sheriff sale

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and these are the plans

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bear with me one moment

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okay

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Okay. I'm just going to reduce it a little bit so you can see the whole screen.

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So we're requesting a three-family dwelling be approved. I'm going to reduce it a little bit more. Here we go.

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Basically, on the first floor is a two-bedroom apartment. We have no basement use in this

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facility here. The first room is a bedroom. We have a kitchen. We have a bathroom. We have a

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bedroom, and we have a den area. There is also an exit on the first floor out to the rear yard.

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The second floor is a two-bedroom, one-bathroom apartment. You come up through the stairs here. You come out, you have a bedroom, which is a good size, a kitchen. We have bedroom number two and a small den and a bathroom.

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The third floor is really like a one-bedroom efficiency type unit. You have a large bedroom and a kitchen, and one would exit out the front.

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There's a picture of the posting.

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I did submit an updated posting to the board, which isn't really contained in this package.

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Here is a picture of the front of the property.

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It is a three-family dwelling.

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I would submit to you that next door is a two-family dwelling operating there.

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There is a small rear yard in this property that all of the tenants have access to.

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I'll show you how they have access.

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They will come out the front of the property and there is a side access all the way down the side of the property to the Brea yard, which were these.

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Access all the way down the side of the property to the Brea Yard, which where the trash would be stored for all the tenants until Trash Day.

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Then they would bring the trash out to the front.

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The owner has told me that he does commercial trash pickup with the City of Philadelphia.

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Commissioners, I took a couple of photos of the inside units.

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This is the first unit.

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This is the second unit.

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and the third unit is on the top floor. It's a small unit with a bathroom. This is a picture

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of the basement. As you can see, there are three boxes down here. The basement has nothing in it.

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It's just used for utilities only. Commissioners, we did send out a letter to 157 residents

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for a meeting. Here's the proof of

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mailing. We did actually have a meeting

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with the community on three different occasions discussing

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issues to satisfy their concerns.

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And they did issue a letter of support

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for the use requested and documented by our plans.

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I did take some additional pictures

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just to give you an idea of what the

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can the pictures be enlarged

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okay just give me a sec

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I think I can make that a little bigger

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is that large enough

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we can see it now

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so they had three story structures on this block

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another three story structure there's a

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vacant parcel on the other end here and actually on the other end of this block there's a church

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on the corner a three-story dwelling. This is directly across the street. On the other side

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of the street there are only two family dwellings. There are a couple multi-families but this is 18th

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Street, but this is directly opposite our property.

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The church is currently operating as a triplex?

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Yes, it is. The church is on the corner here. This is our property here. It's a little overgrown,

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but there's a church facility in operation here on the corner.

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And that's a look at the entire loft, looking north down Ontario Street.

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And, Commissioners, that's my presentation, and I hear also my clients here to answer any questions that you may have.

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Counsel, let me ask a question. What's the history of the property? How long has it been a triplex?

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It's my understanding that this property was purchased in 2016 through sheriff's sale that has been operating probably as a triplex from 2016.

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But Mr. Harakaya is on the phone and he may have additional information more than I have.

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Thank you.

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William has been allowed to speak.

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

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William Warkaya, W-I-L-L-I-A-M-H-U-A-R-C-A-Y-A.

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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, sir.

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Please proceed, counsel.

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Mr. Warkaya, are you the owner of this property?

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Yes.

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Did you purchase this property via sheriff's sale?

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Yes.

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When you purchased the property,

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was it a three-family dwelling?

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Yes, I had the layout.

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Have you heard my testimony as provided to the board today?

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Yes.

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If you were to testify,

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would you adopt my testimony as true and correct?

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Yes.

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That's all I have, Commissioner.

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Questions from the board?

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can you go back to your floor plans

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to the floor plans

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yes I'm going to reduce it a little bit so we can see the whole plan

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all right this is the first floor I'm going to further reduce it a little bit

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Here we go

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We've got the same situation we have in some other projects that we've seen where there's no living space, really, other than, I guess, this den is through the bedroom.

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And then the same thing on the second and third floor, the second floor, or the first floor.

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This is the first floor, and you've got a den with it, right?

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You allowed to see the second floor?

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and the same thing here you got a two bedrooms but then it's a kitchen there's no living room

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at all not even showed up as a living room so i don't know how that's a in the den it looks like

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a closet so you can't even get a piece of furniture you know what i mean i'm just like

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it's not a unit

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a real unit

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all right

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that's it I have no other questions

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any other questions

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council the property

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next door is built the same but it's a

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duplex am I correct

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correct thank you

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questions or comments

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from our attorney Hillary Emerson

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um just briefly mr chair i was three is there any parking at the property

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i like off-street parking no off-street parking miss emerson okay only on street parking okay i

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just was asking because the property is zoned rsa3 which as you know requires um accessory

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off-street parking one per unit so that was just something that wasn't referenced on the refusal

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so I didn't know if it was missed

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or if there was already parking at the property.

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But it sounds like it's something

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that probably should have been noted.

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So thank you for the clarification.

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Yeah, this is existing and there is no room,

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no rear access and no room for parking on the premises.

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Questions or comments from the virtual audience?

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Yes, Chair.

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I have been handed by the name of Charles Richardson.

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They have been allowed to speak.

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I'm Mr. Richardson.

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Mr. Chair.

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Just state your name. That's all for the record.

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Yes, sir. Charles Richardson,

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Office of Councilwoman Cindy Bass Room, 508 City Hall.

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The RCO has written a letter of support,

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so the Councilwoman is going to not

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oppose granting the variance.

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Thank you. Anyone else in the virtual audience?

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I see no more hands at this time, Chair.

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Planning Commission.

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Good evening, Chair Bergman and members of the board.

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Michael Gall with the staff of the Philadelphia City Planning Commission.

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G-A-L-L.

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

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Yes, I so affirm.

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Please proceed, sir.

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Thank you.

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The comprehensive plan recommends no change to the residential single-family zoning at this location.

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There is no unique physical condition or circumstance of this property that would prevent it from being used in conformance with the zoning code.

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The City Planning Commission recommends that the Board deny the proposed use variance for three dwelling units.

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Thank you.

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MI 2023, 002857, 1720 West Ontario Street.

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I vote yes with proviso. Maximum two units.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Iowen, my vote is yes with Proviso.

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James Snell, my vote is yes with Proviso.

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Thank you, counsel.

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Number two, MI 2023-004887-1145 South Broad Street.

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Pascual Calavita is the attorney.

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Letter of non-opposition from Council Member Squilla.

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Letter of Unanimous Support with Proviso from South Broad Street Neighborhood Association.

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Pasquale Colavita is coming in as a panelist.

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Good evening.

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Good afternoon, counsel.

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Could you state your name spelt for the court stenographer?

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Sure. Pascual Colavita, P-A-S-Q-U-A-L-E-C-O-L-A-V-I-T-A.

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Go ahead.

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I was going to say attorney for the app in 1145 S Broad Street, LLC.

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I was going to say attorney for the app in 1145 as Broad Street, LLC.

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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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Our vice chair has a few questions.

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Okay.

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Do you waive the reading of the refusal and stipulate to its accuracy, sir?

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I do.

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um have you had all your uh uh paperwork in within five days prior we did with the exception of the

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letter of non-opposition from uh councilman squilla okay please share your screen and start

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okay okay again Pasqua Colavita attorney for 1145 Broad Street LLC William Bonforte the sole member

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he just quick background on Mr. Bonforte he is both a general contractor and a restaurateur

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He owns all of the Green Eggs Cafe, as well as a previous restaurant of the year stateside on on Pat Shunk Avenue.

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And this location, 1145 South Broad Street, is the location of the former Phillips restaurant, which he is.

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The intent of this property is to maintain its historical use and design, as well as supplement it with a three family dwelling above it.

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It presently is the restaurant with single family dwelling attached here to are the deed, the certificate of tax clearance, the zoning application, notice of refusal, application of appeal with the project information form, the architectural plans, which were revised, attached also to the proviso plan form.

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street approval letter in this situation was also attached. We'll show you the notice to the

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neighbors as well as the proof of mailing, some photographs, zoning poster, proof of posting with

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petitions of support, and a separate one with the next door neighbor to show you his

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letter of support for the project because he is the most affected. Also, we met with the RCO

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and the South Broad Street Streets Neighborhood Association, who we met with twice after some corrections to the initial set of plans,

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as well as a pre-meeting with Councilman Squilla, who attended.

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We came to a resolution, revisions to the plans that everyone supported.

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And as you can see, Councilman Scuilla also sent his letter of support.

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So as indicated, Mr. Bonforte purchased the property in 2018.

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Attached again.

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What I'm going to try to do is see if I can.

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There we go.

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This is an CMX2 zone.

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The only refusal is due to the maximum area, and it's 542 over.

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This is street to street.

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