civus
Hearing video

ZBA Hearing - March 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 20, 20246h 34m

We did, except for the tax certification, which was delivered, I believe, two days ago.

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Thank you.

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Please proceed and share your screen.

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Thank you, Mr. Holloman.

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mr chairman is that visible it is very good again good morning mr chairman members of the board

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henry clinton on behalf of the applicant this is my presentation package which contains

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exhibits a1 through a10 as well as zoning records which i ask be admitted into evidence

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This request is for a multifamily use in an area that has other multifamily properties existing.

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In an area that has other multifamily properties existing, it's a corner property.

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It's been vacant, according to my review of aerial photographs, since at least 2016 and possibly before then.

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And it has the strong support of the neighbors.

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We have no issues with plate, rear yard, or open space.

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The refusal, this is an RSA 5 zoning district, even though, as I said, there are other multifamily in the neighborhood.

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and it's a request for a multifamily, four-family use on this large corner property.

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We do have an RCO letter of support, 10 in support, 3 opposed.

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And it's interesting, their letter of explanation, it's rare that you see the word excited in an RCO letter,

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but this community group is excited to see this project.

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And the summary of the discussion, basically, is it's not going to alter the essential character of the neighborhood.

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It doesn't impair the appropriate use or development of adjacent properties, not detrimental to public welfare.

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And I'll repeat some of these at the end.

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But what's important is this property has been vacant for a number of years, and your neighbors expressed excitement about gaining a brand new building on the site with multiple apartments that can be used by folks in the neighborhood.

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So this is a photograph of 2016 I was able to get from Google Earth.

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Between 16 and 2011, the photographs were fuzzy, Mr. Chairman, so I didn't want to submit them as evidence.

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This is the clearest photograph I could find indicating the vacant corner property.

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So we looked at the properties on the block and also around the corner,

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and I've dotted or salted the board here

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with multifamily uses in the neighborhood.

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And you can see typically they are on the corner

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right across the street, down the block

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and then on the corner.

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And then there are some others that are filled in

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that are multifamily.

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And our property is gonna be three stories.

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You can see there's a three story here.

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My cursor is down the other end of 57th Street.

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There's another three story on the corner

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right across the street. This is a front view of the property. Harmer Street is the small street

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right here. We would have a corner property. I just wanted to point out, you can see that the

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properties have bays on the second floor and porches on the first floor. And I think the

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community group was sincerely impressed with the design of the architect. Michael Cole was also on

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the call. He tried to mimic that look. Obviously, you can't go back in time and do it item for item

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or replicated item for item, but I think he came pretty close when you see the photograph.

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This is a view looking down 57th Street. You can see the three-story building on the corner.

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Again, just another shot from the front. You can see next door, it's a multifamily. There's three

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meters here. I don't know that it's three-family. I'm not going to represent that. I'm going to say

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that it's two family. These are pictures of the zoning notices that we posted.

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And these are the plans. So this is the front elevation, all brick, again, trying to mimic

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the bays that are on all the properties on 57th Street. And you can see a side view of the porch,

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again, trying to replicate what's going on on the block. And then on the side on Harmer Street,

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It's completely brick with one bay with some metal siding.

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Again, I believe, not to speak for the community group, but they certainly like the old brick

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look, minimal metal, and the duplication of the bays on the second and third floor.

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This is the zoning plan that was submitted.

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Again, you can see it's a rather large lot.

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Again, we don't have any issues with open space, height, or rear yard.

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We have four trash carts in the rear of the property, and there is a side fence with a gate in it for easy access for putting the trash out on trash days.

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These are the floor plans, and I can go over the floor plans briefly.

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So basically, we have a bi-level unit, unit A, basement and first floor, two bedrooms, two baths, bi-level unit in the rear, two bedrooms, two baths, and they are large.

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They're 1,200 square feet for A and B.

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One is just under 1,200 square feet.

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And then on the third and fourth floor, it's 1,100 square feet.

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And the largest apartment is 1,300 square feet on the third floor.

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So the second floor is, again, two bedrooms, two baths, as is the third floor.

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There is no rooftop deck.

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It's simply for living.

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And we have some outside space for the trash in the rear of the property.

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This is the application for appeal.

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This is the application for appeal.

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Our tax clearance, again, which we just were able to get two days prior to the hearing, and I appreciate the board letting this in.

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This is the zoning map.

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The other thing I wanted to point out, here's the property right here on the corner.

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It is one of the largest lots.

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Three or four of the lots are rather large on this particular block, including the corner one.

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And you add to that the exposure that it has on the side street, on Harmer Street, able to bring some light and air into all the units.

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This is the deed indicating ownership.

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This is our notice letter that we sent out to all the neighbors.

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And these are our zoning records indicating that the properties that I tabbed with red were indeed multifamily units.

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In fact, the one on the corner is not only multifamily, it also has zoned for first floor business and professional offices.

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And then the one property that I did saw with red was demolished.

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It has been set vacant for a while, but that at one time also was multifamily.

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And these are the backup records that support the zoning records that I'm representing to the board.

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The zoning records do support my summary there of all the other multifamily in the neighborhood.

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This is 615 North 57th, 634 North 57th.

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This is on why I'm losing on the corner.

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This is 633 North 57th, 633 North 57th.

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So, in summary, we have a situation where we realize and the client realizes this is an RSA 5 zoning district, as is the community group.

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The community group, again, not speaking for the community group, but it certainly was at the meeting.

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They understood the lot was vacant for about eight to nine years and possibly longer.

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They wanted the new construction.

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They understand it's multifamily.

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A lot of the corner properties in the neighborhood have multifamily.

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This is a large lot.

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Now, those other multifamily are two of them are three-story.

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Some of them are two-story.

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We don't have any height issue here.

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We're under 38 feet, and we don't have a rooftop deck.

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So, again, to mimic and repeat what the community group said, we're not altering the characteristics of the neighborhood.

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It's still residential.

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We're not impairing the development of any adjacent property.

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not impinging on any adjacent properties light and air.

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There's this little street between our property and the property across the street.

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It's generally in harmony with the code, and it's certainly in harmony with what

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the community group wants and hopes will be able to come to this long vacant site,

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a nice new building, almost entirely a brick,

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which mimics the characteristics of other homes in the neighborhood.

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So with that, Mr.

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Chairman, I would rest and ask my client to adopt my testimony.

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Please bring your client on.

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Ms. Madar, can you unmute yourself, please?

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Ms. Madar has been allowed to speak.

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Good morning.

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Could you please state your name and spell for the court of stenography?

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Good morning.

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My name is Anat Madar, A-N-A-T, Madar, M-A-D-A-R.

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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.

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Proceed, counsel.

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Good morning, Mr. Madar. How are you?

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Good morning.

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And you heard my testimony today?

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Yes.

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And you're aware also that there's approximately 58 homes on this block?

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Right?

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Excuse me?

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Yeah, I said it.

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And you're aware that there are approximately 58 homes on this block, correct?

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Yes.

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And you're aware that 48 of those 58 homes, the sale price, according to the OPA records, is under $95,000, correct?

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Yes.

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And to construct a single-family home on this property would probably cost at least $250,000, correct?

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Yes.

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And if you had the opportunity to testify beyond what you just did, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you, Ms. Medar. I appreciate it.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments from Hillary Emerson, our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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yes chair i have two hands up one with the first name anna and she will be allowed to speak

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good morning could you please state your name and spell it for the court stenography

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Good morning, my name is Anna Volobuyeva, A-N-N-A-V-O-L-O-B-U-I-E-V-A.

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good morning my name is anna voluboeva a double n a

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Do you swear a friend to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Are you a neighbor?

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Yeah, I'm from community.

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Please proceed.

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So, I'm from community, and I just would like to say that I support it because I like how

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neighborhood change for better instead of abandoned abandoned buildings or just land

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really great buildings appear so i support it all right thank you very much for taking the time to

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cause do we have another hand yes the next one is nautica galen and they will be allowed to speak

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hi could you please state your name it's spelled for the court stenographer

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hi good morning my name is nautica n-a-u-t-i-c-a last name galan g-a-l-a-n

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do you swear or affirm that wait a minute do you swear do you swear or affirm to tell the truth

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the whole truth and nothing but the truth yes sir are you a neighbor yes i'm from the community

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please proceed i was present at the last community meeting i love the interior and the exterior

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layouts of the new building. I believe that the addition of the new building on that corner is an

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awesome idea instead of having an open vacant lot. So I vote yes. Well, thank you. Is there anyone

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else in the virtual audience? There are no hands, Chair. Planning Commission. Thank you, Chair. This

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is Keith Davis, City Planning Commission. This corner lot is indicated for single family RSA 5.

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At 1,700 square feet, it's a somewhat larger lot than what's typical for this row home neighborhood.

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This is predominantly a single-family home neighborhood with some multifamily row homes.

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The Planning Commission recommends approval for this variance.

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Thank you.

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MI 2023-006-334-616 North 57th Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thank you, counsel. You have your votes.

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Number 12, MI 2023-006214-800 South 9th Street.

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Vern Anastasio is the attorney.

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There's a letter of non-opposition from Bella Vista neighbors with a proviso.

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Applicant has two form letters.

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Yes.

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burn anastasio has been promoted mr chair this is hillary i want to note that we also received

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a letter from a neighbor in support oh good great thank you

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good morning council

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Did we see Vern?

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I did see him.

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He disappeared.

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I'm sure he'll be back.

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Yes.

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He's been promoted, Chair.

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Mr. Harris, I just want to note, we also have a letter of non-opposition from Council President Johnson.

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Okay.

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Hilary, do we have the posting photos?

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Yep, Vern sent all the requested documents in.

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Thank you.

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Good morning, counsel.

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

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Good morning, Mr. Chair, members of the board.

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Vern Anastasio, A-N-A-S-T-A-S-I-O, 2016 Spruce Street, Philadelphia, 19103.

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On behalf of Mr. John Blizzard, the principal of the tenant in question.

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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.

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Mr. Holloman has just a few questions.

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Yes, sir.

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Good morning, counsel.

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Do you agree to weigh the reading of the refusal and stipulate to his accuracy?

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