civus
Hearing video

ZBA Hearing - August 17, 2022

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

No, Mr. Chair.

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no further answer, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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Members of the board, Ian Hegarty for the Philadelphia State Planning Commission.

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

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However, this proposed legalization is consistent with the physical configuration of the building, as we've seen, which was originally built with one commercial unit and one residential unit.

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So the City Planning Commission recommends that the board grant the variance.

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Thank you. MI 2021-004-059-3301, Princeton Avenue, I vote yes.

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Carol Tenere, my vote is yes.

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This is Mr. He, my vote is yes.

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Thank you, Walt.

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Thank you.

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Thank you.

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Number 16, MI 2022-001-974-769-South-Chadwick, Meredith Verlager, letter of support from South of South Neighborhood Association, applicant also provided petition of support signed by approximately 24 of the neighbors.

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We were joining as a panelist, sir.

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Good morning, Mr. Chairman.

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Good morning.

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

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Certainly.

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Meredith Ferliger, F-E-R-L-E-G-E-R with Delworth Paxson, 1500 Market Street, Suite 3500E.

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Right.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I sure do.

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Could you identify your client and relationship to the property?

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Sure.

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My client is Cater Enterprises, LLC, which is the owner of the property represented here today by Mitchell Ripken.

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Our vice chair, Carl Tenere, has a few questions.

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Good morning. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do, yes.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral,

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photos under plans of the property five days in advance of this hearing? And have you met with

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the RCO? And do you have a letter? Yes, to all of the above. Thank you. You may proceed and your

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screen's up. Thank you. The property before the board today is 769 South Chadwick Street. This

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is a very simple request. The board will take note not only of the letter of support that we did

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received from SASNA, but also the petition of support that we submitted and is included at

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Exhibit 11 with 24 signatures in support from all of the immediate neighbors of this property.

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Now, as you can see on the zoning map here at Exhibit 6, this is a remarkably small property

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here that is zoned RSA 5. The property itself is only 490 square feet and is also

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irregularly shaped. You can see a bit more context of this property in the aerials here at Exhibit 7

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where you'll see that this property sits just north of the intersection with Catherine Street

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and sits behind this corner property here at 1627 Catherine Street. The proposal before the board

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today is to memorialize and formalize the previously informal use of this property as

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parking for two vehicles. Now, as is reflected on the refusal, these spaces are to exclusively

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serve the occupants and residents of the adjacent property that's at the corner of South

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Catherine Street. As you can see here on the plan that we've provided at Exhibit 5,

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all of these two spaces do meet the code minimum, and this plan also gives you a little bit better

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of a sense of the irregular shape of this property. Now regarding the refusal, we only received one

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refusal. Because the lot itself is not formally combined with 1627 Catherine Street, right here

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at the corner, the spaces are considered as non-accessory parking.

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However, as we noted, the actual proposed use of the spaces are to be

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However, as we noted, the actual proposed use of the spaces are to be accessory to 1627 Catherine.

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They are not going to be rented or used by the public.

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Now, incidentally, even if these lots were consolidated, a refusal would still be generated here since there is no access available from a rear street, driveway, or alley.

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We do submit to a hardship here that is directly related to the uniqueness of this particular lot.

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As I mentioned previously, the lot itself is irregularly shaped and only 490 square feet.

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Now, for comparison's sake, this is 50% smaller than the required lot size in RSA 5.

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Because of the unusual shape, the usable amount of this lot is even smaller.

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Given the small size and the unusual shape, it's no surprise that my research shows that the property has never contained a structure, and we further submit that nothing can be built by right on this lot.

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These two spaces have existed on this lot informally for some time without creating any issues for surrounding properties or the neighborhood.

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As you can also see in the photographs that I'm providing at Exhibit 12, using this lot as parking is consistent with all of the single family homes along this block of South Chadwick Street that all have garage spaces accessed from curb cuts on South Chadwick Street.

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There is also, as you can see here, no legal parking on this block of South Chadwick Street.

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So these spaces are especially critical for this area of the city where parking is limited, and this proposal will directly serve to reduce congestion.

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We further submit that this is the least minimum variance, as this is primarily a semantic request stemming from the code's definition of non-accessory parking.

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The refusal here makes it clear that this is solely intended for the residents of the adjacent property on Catherine Street.

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We submit the proposal will not increase congestion, harm neighbors' properties, or impair light and air.

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Full analysis is provided in the memo of law submitted to the board at tab 8, and I would be very happy to touch on any point in more detail.

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As mentioned at the beginning of the presentation, we did receive overwhelming support, both from the official RCO, as well as nearly every one of the immediate neighbors to this property.

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Now, I will attempt to have my client adopt my testimony, although he was having some technical difficulties earlier.

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So if the administrator could find Mitchell Ripken.

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Do we see a hand?

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The husband about to speak.

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Hi.

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

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Mr. Ripken?

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Yeah, he wasn't sure that his computer had a microphone.

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So, counsel, you're an officer of the court.

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we will accept your testimony thank you questions from the board

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questions or comments from the virtual audience

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i do not see any further answer mr chair hi planning commission

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thank you chair bergman integrity for the philadelphia city planning commission

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members of the board the comprehensive plan recommends no change to the residential zoning

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of this property we agree that development of a single family dwelling is precluded by the lots

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small and irregular shape the city planning commission recommends that the board grant the

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variance thank you mi2022 001 974 769 south chadwick street i vote yes carol tennari my vote is yes

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my vote is yes thank you council thank you enjoy your day is there anyone in the virtual audience

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whose case has not been called on the morning list

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i do not see any hands mr chair okay everybody thank you see everyone at two o'clock

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okay cool you as well sir thank you chair board members have a good one

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Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearings.

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Our vice chair, Carol Tenere, should be on very shortly.

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Also, here is Ishmael Shaheed, our Board Secretary, and Thomas Holloman, our Board Member.

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Also here is Ishmael Shaheed, our board secretary.

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Also here is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.

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Before we begin, here is our virtual format.

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Be advised the proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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The video will be available by contacting tanyasunkett at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548. Leave your email and the address

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of the property in question. And finally, the question and answer box on the screen is not for

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comments or testimony. Any comments should be directed to our Executive Director, Tanya Sumter.

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So before we start, we'll continue with this. Let me make a few announcements.

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Effective July 18, 2022, if this case is continued for attorney or applicant moving parties,

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the attorney or applicant has 90 days from the date the cases continue to either request a new

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hearing date, ask for an extension of moving party status, or withdraw the case. If ZBA staff

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is not contacted by the end of the 90-day period, that case will be automatically listed for a new

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hearing date. Please note that extensions for moving parties must be sent to the Executive

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Director, Tanya Sunkett, with Board Attorney Hillary Emerson copied. Two, ZBA staff is currently

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sending out letters to listed applicants when appeals filed prior to 2019 if the case has been

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pending in a hold status. If an applicant or their attorney does not contact the ZBA staff

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to discuss the next steps for their case within the time period stated in the letter, the case

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will be considered abandoned and administratively closed. Questions about either of these policies

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should be directed to Executive Director Tanya Sunkett and our Board Attorney Hiller Amerson.

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So let's look at our continuances for this afternoon. Number five, MI 2022, 003821, 1600 North 11th. That case is continued. Number six, MI 2022, 002686, 2034 East Willard Street. That case is continued.

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And number 10, MI20220025493460J Street. All three of those cases are continued. Is there anyone who has any comments or statements relative to those three cases?

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mr chair i see mr john murphy with his hand raised i have allowed

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hello mr murphy could you state your name please uh john are you in that pdf

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john brian murphy we're having some technical difficulties but we're prepared

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what case is that sir it is uh zero two two zero two two what's the address what's the address

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2051 waverly

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um yeah so i i didn't call your case yet oh okay so i thought you said your case i'm going to call

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your case in a little bit. Okay. That's 2051 Waverly, right? Correct. Okay. We'll be calling

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you shortly. Are there any other requests for continuances? Mr. Chair, I have Mr. Ronald

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Patterson with his hand raised. I have allowed him to speak at this time. Sure. Hi. Good afternoon,

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Mr. Patterson. Could you state your name and spell it for the court reporter? Sure. Good

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P-A-T-T-E-R-S-O-N.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do. Thank you.

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What case, sir?

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I don't know what number, but I represent the owner and developer of 600 East Luzerne Street.

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600 East Luzerne.

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600 East Lizard.

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I'll be right with you.

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I'll be right with you.

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Okay.

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I have that case as a withdrawal.

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Is that right?

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Yes, I was just going to continue.

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I'm going to call the withdrawal shortly.

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Oh, okay.

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Sorry.

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Thank you.

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No, that's all.

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Okay, Mr. Patterson.

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Any other requests for continuances?

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Yes, Mr. David Orfanides has his hand raised.

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I have allowed him to speak at this time.

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good afternoon mr orphanetes good afternoon mr chairman could you uh state your name and spell

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for the court reporter please certainly david orphanetes last name spelled o-r-p-h-a-n-i-d-e-s

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do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do sir and your case is 1330 east berks 1326 r 1328 and 1330 east berks that's correct do you

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request a continuance? Yes, sir, I do. Okay. Cases continue. Thank you, sir. All right. Any other

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requests for continuances? I'm sorry, we have a healthies Perez with the hand raised.

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Okay. Please unmute. Okay. Could you state your name and spell for the court reporter, please?

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Health is barest, H-E-L-F-I-S.

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Right.

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

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Yes, I swear.

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Okay, so your case is for 5843 North 2nd?

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Yes, sir.

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And you want to continue that?

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Yes, sir.

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Okay, that case will be marked, must be tried, okay?

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All right, thank you.

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All right, thank you.

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Any other requests for it continued?

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no further hands at this time mr chair okay here's here's uh three cases for withdrawal

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number one mi 2022 004 241 1400 wharton street that case is withdrawn

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Number two, MI-2022-002-555-1400 Wharton Street, that case is withdrawn.

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And number 13, MI-2021-004816-600 East Luzerne Street, that case is also withdrawn.

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Is there anyone in the audience who has any comments relative to those cases?

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once again i see no hands mr chair thank you

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okay we're going to start with number four mi 2022 002 551 1616 to 18 north 27th street

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Mr. Patterson is the attorney.

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Brewery Town

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Sharswood Civic Association

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indicated a letter

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of support.

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Mr. Patterson, if you're still

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in the audience.

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All right, Mr. Patterson has been promoted to panelists.

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You will be returning shortly.

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Thank you.

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Mr. Chair, this is Hillary. I just wanted to note that Vice Chair Tenere has joined us now.

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I see her. Thank you. Mr. Patterson, you've already been sworn, I believe. Could you

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just state your name for the record? Sure. Good afternoon. Ronald Patterson,

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Claire Harrison, law firm, 1835 Market Street, Philadelphia, EPA,

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19103, 41616 North 27th Street, owned by Reginald Cummings.

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Thank you. Our Vice Chair, Carl Tenere, has a few questions.

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carol i'm you

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it's okay keep muting hi mr patterson do you agree to wave reading of the refusal and stipulate to

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its accuracy i do have you emailed the azibut packet with proof of ownership tax compliance

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refusal referral photos under plans of the property five days in advance of this hearing

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and have you met with the RCO and do you have a letter?

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I have. Yes, to all of the above. Thank you.

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I have, yes, to all of the above.

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