civus
Hearing video

ZBA Hearing - August 17, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 17, 20223h 52m

When my client bought it, he was going to continue to use as a triplex, a three-family.

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But as the RCO pointed out, the family that was in there stopped using it as a triplex.

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So when my client stepped in, he thought, all right, let's move forward with the triplex.

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And he found out when he invited some of the neighbors in that they weren't very happy about that.

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So I'll show you photographs which indicate that he has ripped out the meters, the heaters, and the gas meters to just use this property for a two-family duplex.

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what's unique about the corner properties in this neighborhood is that there's a side entry

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to the basement as well as an entry to the first floor historically the basement was used as one

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unit and then there was another dwelling unit on the first floor and another on the second floor

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my client has removed the meters installed new meters and i'll show you this photographs

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and he's not using the basement for any type of multi-family or any living quarters

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When he showed the neighbors the property, however, he did have a unit in the basement

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because there was one there.

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And I think that was his fatal flaw where he showed the neighborhood a triplex, but

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he is applying for a duplex.

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And then inadvertently, when we had the RCO meeting, I told the community, this is a duplex

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application, not for a triplex.

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And my client, who has a little bit of problem with the English language, got on the call

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eight. And when he was asked the question, what do you want this to be? He said, I'd love it to

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be the triplex. But I stress to the community group, we're not asking for a triplex. We're

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asking for a two family dwelling. So we have some, some signatures of support, but we were

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asked by the community group to stop going door to door, which we did. So I think we could have

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had more signatures than what we have. But nevertheless, I just want to go over the RCO

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letter if I could and indulge the board's patience here. It's noted that most of the properties

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are wide on the corners, as I just said. Historically, this was used as a triplex.

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Again, there's a lot of agreement between ourselves and the RCO. And it says currently

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the new owner is seeking a variance to have the property shown as a duplex, not a triplex.

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And then it goes through all the things that I said. But then when the owner was questioned about the occupancy, he said he would like to keep it in two or three years, he would like to have a triplex.

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And I said to the community group, we're not asking for a triplex. Any client may come back later at a later point and ask for something larger, but that's not what we're asking for here. And that's not what we're seeking from the board.

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this is the property directly across the street uh this is a triplex and i'll show the board an

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aerial photograph of some of the multifamily in the neighborhood so again this is a corner lot

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it's larger than all the interior lots it's 30 by 85 the exact duplicate of what is directly

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across the street this is the interior of the apartments kitchen some nice hardwood floors

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The rest of the documents are my typical pro forma documents that you would see when I come before the board, tax clearance, notification to the community, application for appeal.

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What I wanted to get to was the zoning map.

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Again, just to show the board that the corner properties are larger than the interior properties.

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than the interior properties.

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And if I could, bear with me.

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Can the board see that the other aerial view?

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Yes. OK, so what I did, I peppered the the aerial photograph

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with the red dots indicate two-family.

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And this is our property here.

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It's not two-family now.

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We're asking it to be two-family.

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This is three-family, again, a large lot,

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large lot on the corner.

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This is a two-family directly, excuse me,

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that's a three-family, 1347 Upsall Street.

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The two properties on Weaver Street,

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which I'm indicating here with red dots,

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they're two-family.

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And then across the street at 1326,

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another red dot that's two family. And then here's some of the historical zoning records.

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This is 1347 at the corner showing three units. And then I also wanted to show the board

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what my client has done. There used to be one heater in this property which served all three

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units. You can see these are new units. He's taken out the one heater and put into just for

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two apartments. Same thing with two gas water heaters simply for two apartments and two panel

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boxes just for two apartments, not for three. There were meters on the outside. He withdrew

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one of the meters that was here. So you have a meter for each of the units and a meter for the

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common space. And again, some interior photographs to show the board. That's a kitchen on the first

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floor, bathroom on the first floor, and bathroom on the second floor. So in conclusion, I would

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just like to summarize my findings here. I have a unique circumstance, which indicates that most

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of the corner properties in the surrounding area are multifamily. This property used to be

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multifamily, a triplex. We're not asking for a triplex. We're seeking a duplex. The corner

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properties are all large properties. There's ample room on the side for trash storage for

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both units. There's also a dry vial in the back with access to a garage underneath if

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trash wanted to be put in that area. We're not really altering the essential character of the

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neighborhood. The corner properties are consistent, multifamily. We're not asking for any relief with

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regard to height, open space, rear yard. And we believe that this is in harmony with the neighborhood

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and harmony with the code. And had my client not said that in the future, he may try to get a

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triplex, I don't know that we'd have this disagreement with the RCO. But hopefully,

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they're on the call, and maybe they can speak for themselves, Mr. Chairman.

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Hi, would you want your testimony adopted with your client?

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I would like that, yes. Mr. Doce, can you raise your hand, please?

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Doce has been allowed to speak.

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Yes.

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Hi.

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Mr. Doce, I think I've already sworn you in earlier.

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Yes, sir.

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Mr. Clinton, why do you proceed?

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Mr. Doce, were you on the entire call when I presented the case before the board?

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Yes, sir.

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If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes, true and correct.

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Thank you, Doce.

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Thank you.

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Questions from the board?

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no Mr. Chairman no Mr. Chairman questions or comments from the virtual audience

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Mr. Chair Mr. Dylan Mahoney has his hand raised I will allow him to speak at this time

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good morning Mr. Chair good morning Mr. Mahoney could you please spell your name for the court

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reporter dylan d-i-l-l-o-n last name mahoney m-a-h-o-n-e-y do you swear or affirm to tell

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the truth the whole truth nothing but the truth yes sir proceed uh we received the letter from

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the 50th ward rco um indicating a essentially unanimous vote in opposition i agree with um

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mr clinton's um characterization of the case ultimately i think there was some confusing

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created by the triplex conversation, but ultimately when the vote was taken, it was clear that the

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application was for a duplex. I believe Mr. Clinton explained that at the meeting, and ultimately

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with the RCO's letter in mind, our office is opposed to the case. Thank you. Thank you. Any

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other questions or comments from the virtual audience? We have Avera Primus with our hand

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Okay.

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Sure.

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

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Thank you.

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My name, excuse me, my name is Vera, V-E-R-A. The last name is Primus, P as in Paul, R-I-M-U-S.

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All right. 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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Thank you. Proceed.

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Okay. I just wanted to reiterate on some of the things that were said. I am a neighbor. I am one of the neighbors that have been living here for over 50 years and knew the people that lived at the end of the property.

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Some of the concern that we had was that during the conversation, it was mentioned that the owner wanted his focus was a triplex. And we were concerned about that for the neighborhood. If he's sticking with the duplex, it's no problem.

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But if he stated that he was going to go back after a year and apply for a triplex, and that's where the concern came in for the neighborhood.

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Thank you. Thank you so much for calling. We really appreciate your call. Thank you for your input.

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Is there any other questions or comments from the virtual audience?

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I see enough further answers this time, Mr. Chair.

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Planning Commission.

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Morning, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

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that's h-e-g-a-r-t-y right do you swear affirm to tell the truth the whole truth and nothing but

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the truth yes sir i do thank you proceed all right good morning board members um the comprehensive

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plan recommends no change to the existing single family zoning at this location however this

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property like many of the end of row buildings in this section of the city was built as a two

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family dwelling so there is a pretty clear pre-existing physical condition of this building

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that is consistent with what's being proposed just to be clear which is a two units in this

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single dwelling in this property and so therefore the city planning commission recommends that the

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grant the variance. Thank you. MI 2022 001 940 1325 East Upsall Street I vote yes proviso two family

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unit. Carol Tenere, my vote is yes with proviso. Ishmael Shaheed, yes with proviso.

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Thank you, Mr. Clinton. Thank you, Mr. Chairman, members of the board. Have a great day, everyone.

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You too. Number two, MI 2021-004-985-1500 to 14 North 15th Street. Ruman Asia is the attorney.

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Every RCO meeting was convened in the 5th District Council Office.

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Meeting summary form with recommendation of support.

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Mr. Ezio will be back as a panelist, sir.

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Hello, this is Ruben Asia.

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

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Absolutely. Reuben, R-E-U-B-E-N, Asia, A-S-I-A, like the continent.

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Right. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you identify your client in a relationship to the property?

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Yes. Our client is Comcast Cable Communications Management, LLC.

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They are a sub-licensee. The ground is owned by Temple University.

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It has been ground leased to a third party. That third party entered into a license agreement

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with 5G LLC with the express purpose of then sub-licensing the use of the roof to Comcast

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Cable Communications Management LLC. Right. Thank you, Mr. Asia. Our Vice Chair,

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Carol Tuneri, has a few questions. Hi, good morning. Do you agree to waive

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

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packet with proof of ownership tax compliance refusal referral photos under plans of this

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property five days in advance of this hearing and have you met with the rco and do you have a letter

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yes you may okay great you may proceed and please begin to share your screen

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great thank you thank you

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you can confirm that you can see the packet that would be great yes great so once again

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my name is Ruben Asia I'm attorney at Fabry Drinker representing Comcast Cable Communications

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Management LLC I'm here with Lauren Hahn from Comcast and Joe Goldshack from Fullerton Engineering

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comcast is seeking a special exception for 1500 north 15th street the application is in exhibit a

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and they're applying for a permit to install a 5g

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and they're applying for a permit to install a 5G wireless service facility on the top of the

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building. The property is zoned in RM1, which necessitates a special exception. Here is the

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referral that we received. And I explained earlier Comcast property interests.

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I'm sure you ain't got any more questions.

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You got more questions?

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Asia.

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Proceed.

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Sorry, Mr. Asia.

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Not a problem.

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Exhibit H is a copy of the plans that we provided.

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Exhibit J and K show the building and the required postings, as this is a rehearing.

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And Exhibit L is the letter of support from the RCO.

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And with respect to the requirements for a special exception, I'll reference the special

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exception application.

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As I explained earlier, this is the installation of a 5G wireless facility on top of the roof.

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So with respect to any congestion in the public streets, it's going to be on top of the roof,

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so will not lead to any congestion, will not lead to any overcrowding of the land.

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will have very minimal impact if any on the adequate supply of light and no impact on the air

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does not use any water sewer or other utilities will not impair the use of any adjacent properties

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I've been told this is going to be painted to match the existing colors of the building to be

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as unintrusive as possible and it will not materially in any way impair the supply of light

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or air on any adjacent properties. And as noted below, the installation is designed to minimize

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the visual impact as much as possible on the adjacent areas. If I could bring Lauren Hahn

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on to the call and have her adopt my statement, that would be great. Sure, thank you.

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Ms. Hahn, please raise your virtual hand.

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Good morning. Hi, could you state, good morning, could you state your name and spell for the

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the court reporter, please. Of course. Lauren Hahn, L-A-U-R-E-N-H-A-H-N. Right. Do you swear

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or affirm to tell the truth, the whole truth and nothing but the truth? I do. Proceed, counsel.

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Thank you. Lauren, have you been on the call during my presentation? I have. Great. And well,

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would you adopt what my statement says your own if you were asked to do so? I would. Thank you.

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okay questions from the board yes no Mr. Chairman no Mr. Chairman questions or comments from the

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virtual audience let's see no further answer Mr. Chair planning commission thank you chair

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Bergman Ian Hegarty for the Philadelphia City Planning Commission members of the board the

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comprehensive plan recommends no change to the multi-family zoning at this location

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the proposed wireless facility will have no more of an impact than a wireless service facility would

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be expected to have at this location and so therefore the city planning commission recommends

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that the board grant the special exception. Thank you. MI 2021-004-985-1500 to 14 North 15th Street

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I vote yes. Carol Tenere my vote is yes. Ishmael Shahid my vote is yes. Thank you council. Thank

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members of the board have a nice day you too okay um number four mi 2020 00752 1528 west gerrard avenue

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burn anastasio stagio and harry cook um

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Um, RCO meeting was held March 29th and notice is sent.

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Good morning, Mr. Chair.

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Good morning, Mr. Anastasio.

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

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I will.

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It's Vern Anastasio, A-N-A-S-T-A-S-I-O.

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Mr. Chair, I think you said 1528, Gerard.

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I said 1528 Gerard. It's 1528.

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It's 1528.

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I'm sorry, 1528 West Erie. If I said that, I'm sorry.

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I'm sorry, 1528 West Area.

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