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Hearing video

ZBA Hearing - August 18, 2021

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

I'm here. Can you hear me okay?

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Yeah, Mr. Miller, please identify yourself with the record, spell your full name, and I'll swear you in.

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Michael Miller, M-I-C-H-A-E-L, M-I-L-L-E-R.

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

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I do.

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Thank you, Mr. Slepner.

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Mr. Miller, are you the principal member or sole member of 5102 Larchwood LLC?

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I am.

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And did you hear all, and 5102 Larchwood LLC is the owner of 5102 Larchwood Avenue?

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That's correct.

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And did you hear all the testimony that I offered to the board today?

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I did.

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And is all of that testimony true and correct to the best of your knowledge and understanding?

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It is.

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And would you adopt all of that testimony as though you had offered it yourself today?

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I would, yes.

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Thank you.

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Thank you.

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I have nothing further.

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Questions from the board?

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No, Mr. Chairman.

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No.

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Anyone else like to testify in this case?

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If so, please raise your hand.

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All the hands, sir.

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Thank you.

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Planning Commission?

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good afternoon board peter bernard for the planning commission

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this property is indicated for single family residential in the comprehensive plan

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it is clear the property has a long history of being used as multi-family that the applicant

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has demonstrated sufficient hardship accordingly we do not object to the granting of the variance

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Thank you. MI 2021-001-832-5102 Larchwood Avenue. My vote is yes.

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Confessor Plaza, my vote is yes.

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Thomas Holliman, my vote is yes.

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Let's go to case number seven. MI 2021-001.

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Thank you, members of the board.

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Start again. MI 2021-001329-503-05 South 6th Street. Mr. Michael Marcioni is the attorney of record. Queen Village Neighbors Association sent in a letter of support.

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I have a notation that was given to me earlier by Ms. Saleta.

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All exhibits from the original testimony are incorporated

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and the request for variance has been granted.

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Mr. Marioni.

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Mr. Marioni has been promoted to panelist.

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Good afternoon, Mr. Maddione. When you get on, please spell your full name for the record and I'll swear you in.

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Good afternoon, Mr. Chairman. Michael Maddione, M-A-T-T-I-O-N-I.

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

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I do.

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I do. Mr. Confessor Plaza has questions for you.

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Mr. Medione, you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this hearing?

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I did.

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Have you met with the RCO and have a letter?

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Yes.

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Thank you. Please proceed.

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Thank you, Mr. Plaza.

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I don't know what happened to my document.

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I'm sorry, I'm having a hard time finding the right document.

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Anyway,

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This is a reconsideration hearing on 503 and 505 South 6th Street.

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Um, um, South 6th street.

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This is a matter and mayor Badoosh, I believe the owner of the property is supposed to be

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with us as well.

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Um, and I don't know why I can't get the proper screen share or here it is.

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It's not working correctly.

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I cannot seem to get the proper screen to work.

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Oh, there it is. I'm sorry. Is that up now?

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You have to tap on your document. Yeah, now it's up, Mr. Medione.

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Thank you. Sorry about that. Making me crazy. Sorry.

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Anyway, we've submitted the refusal, the request for reconsideration, letter granting reconsideration, revised plans and form, and the support letter from QVNA.

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My client owns the two lots, 503 and 505 South 6th Street.

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He originally applied for variances to develop them as two single-family homes with front-loaded garages.

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That was objected to by QVNA, and the original zoning application was denied by this board.

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We then sought reconsideration after he removed the front-loaded garages and also the rear deck at 503 South 6.

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So it was a substantial redesign.

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With this, there's no garage on 6th Street.

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It provides eyes and ears on the street, improves pedestrian access, and we'll put the site plan.

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It's a much better plan now.

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As you can see, this is 503.

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there's a just a front door and windows and eyes and ears on the street on 6th

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Street the same thing is true with 505 going back to 503 there used to be a

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rear deck proposed back here and we have removed that at the request of the RCO

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so in 505 now without the garage 505 needs no variances but it's part of the

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same application but it needs no variances anymore it meets every

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requirement the only variance originally was for the garage that we originally had for 503

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it's a 36 foot deep lot it's by far the smallest lot around every lot is at least 40 feet deep

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some are as much as 78 feet deep the lot on the corner at 542 lumbar that backs up into this has

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no rear yard at 540 lumbar they have a five foot rear yard and those two lots are both 40 feet deep

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Our lot is 36 feet deep.

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Because of this lack of depth, we're requesting a variance, a two-foot variance.

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It's a de minimis variance in our belief, to allow us to only have a five-foot rear yard so that the bedrooms are larger inside the house.

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It's more livable, and it's only two feet, and we still have a rear yard that is still five feet deep that compares favorably to the one at 540 Lombard and at 542 where they have no rear yard.

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And every other property in this area is at least 40 feet deep.

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And like I said, some of them are as much as 78 feet deep.

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We do have a truly unique situation, and we're down to one variance just for the rear yard.

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And we have our revised plans and our revised plan form.

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And also we have the full support, as I can show you, of QVNA after having met with them a couple of times.

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You know, they did say specifically, we redesigned the project, eliminating the interior of parking

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garages, eliminating the second floor balcony at the rear of 503 South 6th Street.

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The applicant represented, demonstrating the changes that satisfied the objections of the

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neighbors and the QVNA zoning committee, and they fully support the request.

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We're seeking to build two single-family homes here.

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This is an RM1 zoning district.

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We could build four units here.

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We're choosing not to.

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We're choosing just to build two single-family homes because largely what surrounds it are single-family homes, despite the RM1 zoning.

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We're definitely not doing an overbuild.

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And, again, this is a truly unique situation.

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Some of the properties don't even have rear yards.

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We have a five-foot rear yard.

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And if this property were 40 feet deep like the other ones that are near it, we would clearly have enough room to have a seven-foot rear yard.

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But because it's the only property that's 36 feet, it's the smallest lot in the area.

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It stands out. It does have a clear hardship to the land here, and the physical circumstances

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make it possible to utilize it in strict conformity with the zoning code.

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Everybody's going to benefit if we develop this property.

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It will reduce likelihood of illegal dumping or crime because we have this vacant property

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in the middle of 6th and Lombard.

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It's definitely not an overbuild, no undue congestion, because we could build two duplexes here.

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It's definitely not an overbill, no undue congestion, because we could build two due

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And, you know, these are the minimum variances required.

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So we believe that we meet the standard to be required for this one small, dimensional, de minimis variance that we're now seeking.

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I do have Mr. Pridush, I believe, on the line to also be available if anybody has any questions.

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let's have your client adopt your testimony then we'll move on to any questions

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mayor is he available

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yes i'm here hi hi please spell your full name yes uh mayor m-e-i-r last name badush b is boy a d

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

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I affirm.

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Thank you, Mr. Mariani.

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Thank you, thank you, Mr. Chairman.

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Mayor, did you hear my statements?

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I did.

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And are they true incorrect?

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They are correct.

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And do you adopt them as your testimony?

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I do.

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Okay, thank you.

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I have nothing further for the witness, Mr. Chairman.

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Any questions from the board?

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No, Mr. Chairman.

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No.

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Anyone else like to testify in this case? Please raise your hand.

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I see no hands, sir. Thank you. Planning Commission?

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Good afternoon, Chair. Peter Bernard for the Planning Commission.

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This property is indicated for multi-family residential in the comprehensive plan.

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We feel the applicant has demonstrated sufficient hardship regarding the property depth and that

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revised proposals refusal is to minimize accordingly we do not object to the granting of

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the variance thank you mr martione other than the statement i made earlier concerning the exhibits

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is there anything else i need to add any other language we do have revised plans mr chairman so

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we we do have revised plans uh one page for each property z1 z1 and z1.01 and a revised plans form

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are in there because of the change since the original application so it'll be two pages

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okay yes all right thank you mi 2021-001 329 503-05 south 6th street my vote is yes with the proviso

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revised plan two pages approved today professor plaza my vote is yes with proviso

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Thomas Holloman.

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My vote is yes with proviso.

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Thomas Holloman.

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My vote is yes with proviso.

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Thank you.

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Thank you.

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It looks like that concludes the two o'clock list.

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Is there anyone who believes that they have not been acknowledged?

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Please raise your hand.

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We'll hand it this time, sir.

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Okay.

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Thank you.

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With that, we'll see everyone back in 3.30.

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Thank you.

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Okay.

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We are recording.

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You and Tanya and Jason, we'll give you a few minutes.

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No, Chair, we're ready to proceed.

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Very much.

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Good afternoon again, everyone.

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My name is Frank DiCicco.

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I'm the Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our board secretary, Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator, Mr. Jason Hand, and our board attorney, Ms. Melissa Freeman, are also in attendance, as is our zoning board administrator, Ms. Tanya Sunkett.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we would like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded and that the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I will repeat that.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue. I'll repeat that also.

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and the address of the property at issue. I'll repeat that also. To enter an appearance statement,

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call Google 267-270-5548. Leave your email address and the address of the property at

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issue. And I'd like to remind everyone, please do not attempt to testify in the chat. Any comments,

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questions, or concerns must be, should be directed to Mr. Jason Hand, our board administrator.

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With that, I will read off on the 230, I'm sorry, the 330 list. Case number three, MI 2020-001562,

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279 Grape Street. At the request of Rachel Pritzker, the attorney of record, this case is

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being continued. Number four, MI 2020-003-139-3214 West York Street. At the request of Jared Klein,

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the attorney of record, that case is being withdrawn. If anyone objects to the continuance

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or withdrawal of the cases I just read into the record, please raise your hand.

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i see no hands mr chair thank you would anyone else at this time

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i would like to request a continuance or withdrawal raise your hand if you're requesting

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a continuance or withdrawal at this time please raise your hand

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mr anastasio has his hand raised i will allow him to speak at this time so

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thank you mr anastasio please identify yourself spell your name you're still on the oath from

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earlier today good afternoon mr chairman members of the board verne anastasio a-n-a-s-t-a-s-i-o

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1315 walnut street philadelphia suite 100619107

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please proceed thank you sir uh i'm here on behalf of the owner of 2109 gillingham

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a hearing was scheduled for today at 3 30

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