civus
Hearing video

ZBA Hearing - August 18, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 18, 20212h 49m

where transit is there, I would respectfully request that we proceed with a multifamily

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building. If it is reduced in size, so be it. But this is a block that has PHA, not in the best

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condition. Because of the fact that we would like to see our community develop and develop in a way

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that's respectful of the size of the street, et cetera, I think this project does fit that bill.

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It's not being squeezed into one of our smaller blocks.

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So although the RCO had to not make a decision on this project after two meetings,

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we were looking at this project individually and as the developer individually

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individually for the request that, or I would say the, he was going to honor his word in

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saying that the properties would be affordable.

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Now, he mentioned a figure under $1,000 per month.

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And for our community that is not receiving any rental schedules under $1,300, we thought that was a major positive, too.

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However, with the cost of building, we may have to revisit that figure, as it was very low.

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Unbelievable.

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Real affordable.

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And we don't hear that often.

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Excuse me.

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you'll have to discuss that with the developer right i understand that i understand that but

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affordability in north central is very important so with that i'll put a pin in it thank you very

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much is miss jones still on yes i'm here yeah miss mary um i was just wondering i i know you

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the council president would like to have this at four units i believe that they would be four

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two-bedroom units which means you'd have eight beds and the proposal in front of us is six six

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one-bedroom units so you have six beds that right correct that um chairman it the first floor units

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are two bedrooms so it'll be um eight bedrooms total either way okay either way yes i'm sorry

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all right thank you for clearing that up thank you mary all right anyone else to testify in this case

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i see no handshake thank you planning commission

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thank you chair to chico members of the board ian hegarty for the philadelphia city planning

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commission in 2014 the zoning map was amended from rm1 to rsa5 at this location

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while there are no unique physical circumstances to support a claim of hardship there are

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As council has pointed out, numerous adjacent non-conforming buildings, including multifamily and rooming house uses.

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The city planning commission recommends that the board grant the variance with the condition suggested by the council president's office that the dwelling unit count be reduced to four dwelling units.

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Thank you. MI 2021-001672, 1836 North 22nd Street.

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Chairman, if I may have my client just adopt my testimony.

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I'm sorry, please proceed.

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Thank you. Mr. Al-Haddad, Mike Al-Haddad, should be with us. Mike, can you raise your hand in Zoom? Thank you.

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Thank you.

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Mr. Al-Haddad, Mike Al-Haddad should be with us.

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Mike, can you...

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Good morning, sir. Please identify yourself. Spell your last name and I'll swear you in.

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Michael Al-Haddad, A-L-H-A-D-A-D, is the last name, representative for 1886 North 22nd St. RLC.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you, Mr. Jim.

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Thank you. Michael, you have heard my testimony before the board and saw the presentation. Can you verify that my testimony is true and correct and adopted as your own?

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Yes.

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Thank you.

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Thank you. MI 2021-001672, 1836 North 22nd Street. My vote is yes with the proviso of maximum four units.

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Professor Plaza, yes with proviso.

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James Snell, yes with Proviso

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Thomas Holliman, yes with Proviso

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Thank you

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Number three on our list

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MI 2021-001107

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2102 St. Vincent Street

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I believe this is a pro se case

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And the name of the representative is

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Zumla

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Z-U-L-M-A

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Last name Vels

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V-E-L-E-Z

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We have no exhibits, and this is the second listing.

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Is there anyone here for 2102 St. Vincent Street?

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I see no hands, Chair.

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Thank you. MI 2021, that's 001107, 2102 St. Vincent Street.

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My vote is to dismiss.

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James Snell my vote is to dismiss Thomas Holloman my vote is to dismiss

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number four on our list MI 2021 that's 001620 215 East Evergreen Avenue Mr. Anastasio is the

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attorney of record. There is a letter of support with provisos from the Chestnut Hill Community

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Association and a letter of support from the Chestnut Hill Conservancy. Mr. Anastasio,

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you know the drill. Please identify yourself and I'll swear you in.

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Good morning, Mr. Chairman, members of the board. Vern Anastasio, A-N-A-S-T-A-S-I-O,

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1315 Walnut Suite 1006 Philadelphia 19107 I'm on behalf of Mr you swear or affirm to tell the

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truth the whole truth nothing but the truth I do sir thank you please proceed I'm here

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representing Richard Corkery who's the owner of 215 East Greenfield and please allow me to share

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my screen which now I can't seem to find hold on please

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That's not it.

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there it is thanks for your patience so 215 east evergreen street is a relatively large property

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in chestnut hill evergreen avenue is right here here's the main house when my clients purchased

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the property there was an existing structure accessory dwelling unit in the rear of the

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property accessible to a private driveway from evergreen place and the refusal is multiple

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principal buildings on the same lot and of course having the two homes there is in fact a two-family

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dwelling let's say even though it's a small place it's a fairly livable space with a open area

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living room and kitchen with a bath on the first floor, and then a large master bedroom up top.

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When my clients purchased the property, they actually ended up living in the back house

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while the main house was being renovated. But the back house has been in existence

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for many years based on everybody's, even the neighbors, immediate neighbors. They acknowledge

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that as well. We have proof of posting. We met with the community. I have also a letter.

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We have proof of posting. We met with the community. I have also a letter from the Chestnut Hill RCO, who do support the granting of the variance with some minor provisos. Also, we have a petition of absolutely everyone who lives on Evergreen Avenue and the surrounding neighbors, all impacted addresses from the Planning Commission that was given to us.

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And yes, it's in full support.

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Chestnut Hill Community Association asked that there'll be no short term rentals less than six months, which is easy to agree to.

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And no permanent parking space will be assigned to this to the rear unit.

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And that's also something that although it may not be enforceable from the zoning board, it's something that we have agreed to.

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we also have a letter from the chestnut hill conservancy also um saying that they had a vote

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and the motion carried seven to zero in support of this particular proposal with that i'm going

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to show you my proof of mailing it was uh 80 unique pieces went out to the community

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we had four separate meetings with the rco because they have various committees their

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structure is a little unique than than the others but at every level uh it was unanimous support

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and with that i'm going to rest my case uh and it's open for i'm open for questions uh before

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i introduce my client uh why don't we get your client on demo ask questions fair enough mr cork

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Corkery, can you raise your hand?

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Yes, this is Richard Corkery, C-O-R.

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Okay, spell your last name.

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Thank you.

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Corkery, C-O-R-K-E-R-Y.

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We're affirmed to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you, Mr. Arnold Stabbs.

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Mr. Corkery, did you hear my presentation to the board this morning?

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Yes, I did.

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and is it true and accurate to the best of your knowledge yes it is and would you adopt it as

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your own testimony if need be yes thank you that's all i have thank you questions from the

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board no no no mr chairman anyone else like to testify in this case please raise your hand

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yes chair we have mr charles richardson please unmute yourself and please wait for the

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good morning charles please identify yourself and i'll swear you in

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good morning mr chair charles richardson from the office of councilwoman cindy bass room 312 city hall

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where from to tell the truth the whole truth nothing but the truth i do thank you sir please

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proceed uh councilwoman is not opposed to granting this variance thank you anyone else to testify in

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this case please raise your hand i see no hands thank you planning commission thank you chairman

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to chico ian hegarty for the philadelphia city planning commission members of the board the

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comprehensive plan recommends no change to the existing residential zoning at this location but

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it does include a recommendation to promote accessory dwelling units as a way to provide

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lower cost housing in higher amenity neighborhoods this proposal conforms to this recommendation from

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the comprehensive plan and so the city planning commission recommends that the board grant the

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variants. Thank you. MI 2021-001620. 215 East Evergreen Avenue. My vote is yes.

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Confessor Plaza. My vote is yes. James Snell. My vote is yes. Thomas Holloman. My vote is yes.

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Number six on our list. MI 2021-001576-2901 North Bonsall Street. Mr. Anastasio is the

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attorney of record, you're still under oath. There is a letter of support from Allegheny West

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Civic Association. Mr. Anastasio, Mr. Plaza has questions for you. Mr. Anastasio, you agree to

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make the reading of his refusal and stipulate to its accuracy? I do. Have you emailed an exhibit

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packet with the required documents, proof of ownership, proof of tag compliance, copy of the

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refusal or referral folders and plans past days prior to this hearing? I do. And have you met with

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the RCO and have a letter? I do. Thank you. Please proceed. Okay. I'm going to ask permission to share

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my screen again. This is an application for a vacant commercial space on the first floor in

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the same building with a single-family household living above. The single-family household living

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has been um in existence for quite some time um the first floor historically has been a commercial space grocery

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The first floor historically has been a commercial space, grocery store, dry goods. There's always been a commercial space on the first floor. As you can, it's pretty obvious and apparent by its construction.

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And there's also a side entrance to the second floor apartment.

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What we are intending on doing is taking the commercial corner space, which is this is I'm sorry, the this is right now it's a living room on the first floor and a bedroom in the back.

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At some point, the commercial on the first floor became no longer viable, and subsequent owners turned it into an apartment building, and I believe they did so without proper permits.

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We would like to return this first floor into a vacant commercial space with a restroom and an office in the rear.

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My client believes that there will be a market for a neighborhood-based corner store of some sort in the future.

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And of course, the second floor, one bedroom unit will remain.

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We met with the community group in question.

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We have interior photos of the property.

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And we met with the RCO.

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We have proof of posting.

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We mailed to 270 households.

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And as a result, we have, from the Allegheny West Civic Association, nearly unanimous support for the project.

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And with that, I'm going to have my client, David McField, raise his hand to be recognized.

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Mr. McField, please spell your full name and I'll swear you in.

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he hasn't raised his hand and I checked no one's listed underneath that name

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John Anastasia you being an officer of court will stipulate your client would have adopted

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your testimony is there anyone else who would like to testify in this case if so please raise

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your hand yes chair we have Charles Richardson Richardson you're still under oath just identify

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yourself for the record yes mr chair charles richardson from the office of councilwoman

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cindy bass room 312 city hall councilwoman is not opposed to granting this variance

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i've failed to ask any questions from the board no mr chairman no you playing commission

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thank you i'm sorry chair yes this is tanya before we proceed we do have a call-in user

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who wishes to testify okay thank you yes absolutely thank you call in use uh would

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you please spell your full name and i'll swear you in um yes adrian fernandez first name a d r i e

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last name F-E-R-N-A-N-D-E-Z.

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Do you swear for him to tell the truth,

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the whole truth, nothing but the truth?

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Yes, I do.

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Please proceed.

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Our RCO, Swamp Brutal Neighborhood Process Association RCO,

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is an affected RCO for this address.

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We support the project.

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However, we have two provisos.

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The first one is that the first floor be limited to CMX 1 due to our participation in Philly 2035 for our decision, our community decision for corner addresses with CMX on a single-family block.

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This property was traditionally for the last 20 years before it was partially vacant.

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It was a bicycle shop, which worked well, used mostly by children in the neighborhood.

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The business only stopped because the owner died and then sold the property to Mr. McField.

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The other thing is that there's a tremendous dumping and trash problem.

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Part of it was even due to the second floor resident, which I talked to Mr. McField about, and he tried to rectify that.

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So we're asking that our trash be placed indoors as a proviso except for on trash days.

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And I have other information about this that I need to put on the record.

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First is that there was only one notice sent out for a meeting that never held to affected RCOs and affected neighbors.

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to affected rcos and affected neighbors and that was the respectfully uh i have to respectfully

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And that was...

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the

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let her finish and then you can respond please i just want to do object but okay thank you

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everything i'm saying is documented in email and the planning commission is fully aware of

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of all of it also the planning commission within the last week sent out an advisory about this

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which is becoming rampant where RCO coordinators, some RCO coordinators and some applicant, usually attorneys, are working together for the benefit of the developer, the applicant, to restrict the affected neighbors from participating at the meeting.

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So what happened here was that there was one required notice sent out, and that was many months ago.

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The notice was sent out without the required consultation per the zoning code with all affected RCOs and the applicant.

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As far as we can see, only the applicant was consulted with.

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Therefore, the meeting date was planned without the required consultation with all affected RCOs.

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That causes severe conflict, especially now during Zoom, where it's difficult to do more than one or two addresses per meeting.

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As before, when we were doing physical meetings, we could do more than two addresses.

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Now there's many dates, and we desperately need to have RCO coordinators and applicants follow the law as far as meeting consultation and meeting notice.

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um allegheny west foundation they're using different names but the name they use on

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the rco is the allegheny west foundation uh sierra martin was the person who sent emails

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i'm sorry chair miss miss yeah thank you adrian please you're giving us a dissertation on on

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rules and regulations uh what is your position what is your position stated your position

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on this beginning right okay beginning all right well thank you mr chair just let the record

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reflect that the this swamp poodle supports the granting of this variance uh the intricacies and

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the uh you know the goings-on between our several rcos in a particular neighborhood i think that

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all that stuff needs to be worked out among themselves we follow the we follow the code to

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the letter. Thank you. Anyone else to testify in this case? I see no other hands, Chair. Thank you.

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