civus
Hearing video

ZBA Hearing - September 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 15, 20204h 33m

proceed. What I'll do now, members of the board, is proceed to the area zoning map. Here we go.

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Referring to page 6 of my packet, off to the right, this is the area members of the board.

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Waterloo is right here, it's this very small street.

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Right off of Howard, we have Front Street over here.

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The lot is indicated in blue, this is all in RSA 5 district.

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There's one CMX property on the corner, which I believe is Buzz Cafe, a really great coffee shop.

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From the overhead view, we can see that on the bottom of page 6.

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Members of the Board, I'm now proceeding to the photographs of the property.

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It goes to begin at page 19.

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This is the reposted zoning notice.

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This is the lot in contact with the existing homes on either side of Waterloo Street.

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These are small, two-story single-family homes that are about 600 to 800 square feet.

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The lots themselves are quite shallow and that's why we're asking for the

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additional height in this case. This is looking southbound on Waterloo. You can

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see there's new construction happening which is three stories. Across the street

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on Waterloo, new construction happening which is three stories and a setback but

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they did not meet the cornice line. This is directly across the street with that

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new construction that did not meet the cornice line. Now moving to appendix one, which were our

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initial submissions. Members of the board, you can see we're basically copying and pasting the

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existing traditional row house style for the first two stories of this property, pushing back the

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third story that required the requested three feet, and then going up. The total height for the

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property, zooming in on that so the members of the board can see, is 34 feet one inches, so we're not

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even going up to that full 38 that we're allowed to under the code this was the initial side view

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of the property showing this location of the stairwells the height and our roof deck

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these are the floor plans for the property these really haven't changed other than the exception

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of the changing of the roof deck.

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So in the basement, we have a den or work area in the front,

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bathroom, and mechanical laundry to the rear,

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staircases in the middle.

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Living room in the front of the first story,

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kitchen to the rear, and a small rear yard.

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Second story, bedroom in the front, bedroom in the rear.

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The rear bedroom's kind of small.

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The lot kind of necessitates some of these rooms

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being a little smaller, so perhaps this could be used

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as an office as well, or a nursery.

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Now on the third story, you can see this is a little bit shorter because we are doing that three foot setback as requested by the RCO. This is a large owner's suite and a large bath to the rear.

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We have a roof deck on the front and mechanicals at the rear of the house.

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Now going to appendix two, which is the revised plans. Here's a copy of the revised provisor plan sheet that we provided.

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Appendix 2, which is the revised plans, here's a copy of the revised proviso plan sheet that we provided earlier today to the board and to Ms. Zuleta.

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I just received this proviso sheet essentially this morning from my architect, but I wanted to ensure it was here on time.

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What I'm going to do is zoom out because this is much larger.

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I've picked out with an orange circle the differences between the original plan and the revised plan.

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Maybe.

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There we go. There's our difference. You can see we just changed the structure at

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the front. Have a railing or plexiglass or something like that rather than that

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same hardy board or any other material going all the way up that parapet wall.

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Going to the second page of the appendix. Picked out here, same thing. We set that

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roof deck back so the usable space has been pushed back the full five feet.

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And going to the revised floor plan as a result, same thing.

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We have our five-foot setback for that roof deck, which has reduced the roof deck a number

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of feet in size, but we wanted to ensure that we were making the neighbors happy and the

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community group happy and making these revisions.

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With that said, my presentation is complete.

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I believe my client is on the line.

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Pat, are you on the line?

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all right i guess my client is not on the line but members of the board that does conclude my

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presentation in chief i'm happy to take any questions that you may have at this time

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any questions from the board no

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anyone else wish to testify in this case if so please raise your hand

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here we have sloan folks from the council person's office thank you so you can unmute yourself

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mr folks good afternoon good afternoon chairman de chico members of the zba

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my name is sloan folks s-l-o-a-n-e-f-s and fire o-l-k-s office of councilman maria

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quinones sanchez room 508 city hall we're in the firm to tell the truth the whole truth and

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nothing but the truth. I do, sir. Thank you. Thank you. The applicant has met with the RCO and has

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garnered a letter of support. Therefore, the councilwoman is submitting non-opposition for

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this. Would you? I'm sorry, sir. Folks, you faded out a couple times. Would you say that? Repeat

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that, please? I'm sorry. I'm pretty sure I put my documents in front of my face while I was reading.

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No problem. No problem. The applicant has met with the RCO and has garnered a letter of support.

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Therefore, the Councilwoman is offering her non-opposition with this variant sequest.

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Thank you very much.

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Anyone else wish to testify in this case?

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Please raise your hand.

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No hands at this time.

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Thank you, Tanya.

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Planning Commission?

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One is designated for a single-family residential in the comprehensive plan,

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and the zoning conforms to that designation.

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is located on a narrow street comprised almost exclusively of two-story homes.

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However, given the testimony from the RCO and the council member,

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this Planning Commission has no objection to the approval of this variance.

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Thank you very much.

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I'm sorry.

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Can I just ask that the person Planning Commission identified themselves at the beginning of the case?

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I apologize.

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Mason Austin.

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M-A-S-O-N-A-U-S-T-I-N.

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Thank you, Mr. Austin.

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Thank you.

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uh calendar number three nine five eight five one eight one nine what waterloo street my vote is

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yes with uh just revised plan correct yes revised plans three pages three pages adopted today yes

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Yes, for Proviso.

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Yes, for Proviso.

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Carol's not on.

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She had to step away.

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Oh, the shoe's back.

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Here I am.

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Yes, for Proviso.

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I've been listening to it.

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Yes, for Proviso.

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Thank you.

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Mr. Mulvihill, can I ask, if you haven't already,

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could you send me the Proviso plans form and the plans,

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each as a separate document?

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Yes, Ms. Ouellette.

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I believe I sent them over to you earlier today. I'll double check, and if not, I will send those

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to you. Okay. Thank you. Thank you. Have a nice afternoon, everyone. You too. Are we now on Otter

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Street? Yes. Are you going to be able to stay on? If not, if you have to leave? No, I'm okay.

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Okay. Calendar number 39598, 4220 Otter Street. The owner is Kimberly Speller.

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The owner is Kimberly Speller.

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Thank you.

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Ms. Speller, you have been promoted to panelists.

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You can share your screen and unmute yourself and wait to be sworn in.

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Hi, Ms. Speller. Can you put your name and address on the record, please?

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Yes, it's Kimberly Speller, 4220 Adder Street.

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Thank you. This is an application for a group child care in the basement and first floor and

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group living on the second floor of an existing structure. There are two refusals for group

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child care is prohibited in RSA3 and group living is also prohibited in RSA3. The West Belmont

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Civic Association letter is one of support. You may proceed. Okay. Frank, wait, did I swear you

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in? Do you swear to tell the whole truth and nothing but the truth? Yes, I do. Thank you.

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present your case okay i'm trying to i'm sorry um i'm not tech savvy so i'm trying you're doing

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good okay i'm trying to open up my documents so that way you can see them that i did send

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them over i did have a little challenges um you're not opening at this time okay double click now

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okay let it open all right thank you you're welcome

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did it open up look at the bottom of the screen yes so click on that because we don't see it we

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still see your um i did i did his share right but i mean the documents itself we're still looking

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inside your files so it's open click on that document that you want us to see okay i did click

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on it so should i come out and then go back in yes right okay your screen is okay i do apologize

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us okay all right so that will work now okay can you see the screen now yep we got it okay so this

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that you see in front of me is basically just showing that i own the property

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this is a title um search that i had done on my property um i'm sorry excuse me

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The next documents that I have here will be to show my tax clearance that's effective

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until September the 24th.

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I have my PIF confirmation page.

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and then I also have

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I have to come back out because I have a floor plan

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and this is the refusal letter can you see that

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yes okay thank you

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all right and then I also have a floor plan

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that I would like to show as well and I'm trying to share it but I'm able to so

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do you have that document open yes I do have the document open okay so now click

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on share screen the green at the bottom it's not I don't see this hold on I'm

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sorry we'll get it just thank you what kind of device you're using are you

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using a computer or I want my lip okay okay now here we go okay so this is the

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floor plan that I had an architect create. This is the front of the home.

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Excuse me. And this is the first floor. Well this is the basement and then it

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has a powder room in the basement as well. And then there's some steps that

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And then there's some steps that comes out, which is the egress for the basement plan.

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comes out which is the egress.

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Where does that egress go to?

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Does that go to an alleyway?

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It goes outside to the yard, the rear yard.

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We have like a yard on the side of my house.

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Okay.

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Yes.

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So that is the egress for that.

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and this is the front this is the first floor the porch and then it has the

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entryway the bathroom the kitchen and then it's the steps to go downstairs and

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in the back room is the bedroom that's for the sec the first floor so this is

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the second floor you come up the steps is a living area a kitchen as well as a

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closet and then it's a back bedroom that's the second floor and then on the third floor is

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actually two bedrooms upstairs so the first floor the kitchenette that's all going to be part of

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the daycare yes

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what and that bedroom what's the what's the purpose of the bedroom on that floor

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because i do um well the on the um first floor it was a bedroom but we're changing it into

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so if we receive the zoning for 12 children we will change it into a um a classroom for the

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children okay did you have any other okay so that's the first floor the second floor is the

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living area you did you gave us that you gave okay thank you okay so the side oh again that

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that area that goes out to the side that goes to open space correct that is correct because

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where i live next door is like a lot okay yes all right um questions from the board no no no

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Now, anyone else wish to testify in this case? If so, please raise your hand.

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No one at this time, Chair, I see. Thank you. Planning Commission.

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The lot is designated for, oh, sorry, this is Mason Austin representing the Planning Commission.

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The lot is designated for a single family residential in the comprehensive plan and the zoning conforms to that designation.

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While the uses proposed are not permitted in this zoning district, they would address a critical need in the area and have the support of the coordinating RCO.

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Therefore, staff has no objection to the granting of the variances, provided they meet all permitting and building code requirements.

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Thank you.

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Calendar number 395984220 Otter Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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my vote is yes my vote is yes thank you

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thank you good luck thank you calendar number three nine

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oh i'm sorry i'm so sorry if i could um ask

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to recognize um there's an applicant here regarding an address that was

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continued i'm not sure if they came late

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3734 North A Street and I wanted to ask if the board would allow her to speak

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to this case. Yes. Okay I'll unmute her. Neftali I believe it is you can unmute

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yourself to speak about this case. Yes good afternoon is everybody hear me okay.

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Yes please spell your name for first and last name. Yes hi my name is Neftali

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Leonardo. First name N-E-F-T-A-L-I. Last name Leonardo. L-E-O-N-A-R-D-O. Where from to tell

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the truth, the whole truth, nothing but the truth? Yes, I do, sir. What is your current

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address, sir? My current address is 3916 North 5th Street, Philadelphia, PA-19140. Thank

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you. We called this case to be continued earlier. Explain what it is.

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I'm sorry, but I was here even before 4, probably when I went to the bathroom, but I didn't see it.

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Sorry about that.

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Okay, if I could ask, Chair, if that's okay.

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Did you submit documents to the RCO box and to the attorney of record?

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attorney of record uh no this is my first time so i was kind of reading but i do have it in the

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No, this is my first time, so I was kind of reading.

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screen so if so that's why you're continued okay so if you want to reach out to me or the rco box

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