civus
Hearing video

ZBA Hearing - December 8, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20205h 47m

One of the things my client is actually thinking of doing is putting their offices here.

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You know, they do a lot of business in the North Square section of Philadelphia.

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They are general contractors by trade, so they're looking to put their corporate offices here and then have residential of 13 units.

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So the only thing we would ask for is proviso not to exceed 13 units.

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But, you know, you can see from the floor plan, you know, more of the renderings.

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We're having a green roof on here, even though we're not required to.

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And there's no benefit to have it because we wanted to put something sustainable for the residents.

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And, you know, thinking about stormwater issues, the basement, each of the units have their own storage locker.

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There's no basement living.

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because we go street to street there's no issue in terms of garbage it will all be in the rear

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and each and this is the first floor has an ADA accessible unit as well

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and again that's just you know it's a basic you know basic floor plan a very thoughtful project

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I have Dennis Toda on the line who's the owner's representative Dennis can you raise your hand

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virtually raise your hands the last name total total yes t-o-t-a okay

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he's been unmuted and he's allowed to speak good afternoon mr tota please

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good afternoon uh i got lost i don't know i couldn't hear you

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you spell your last spell your first and last name please yes my first name is b e s n i k

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and my last name is T-O-T-A.

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Do you swear and affirm to tell the truth,

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the whole truth and nothing but the truth?

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Yes.

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Please proceed, Mr. Knockinson.

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Yeah, Mr. Toto, you heard everything I stated today.

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Yes, I did.

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And is it true and correct?

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Yes.

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And would you adopt it as your own testimony?

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Yes.

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Okay, no further questions.

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Thank you.

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Questions from the board?

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No.

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No.

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would anyone else like to testify in this case if so please raise your hand

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chair we have sloan folks he has been unmuted folks please please identify yourself for the

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record you're still under oath good afternoon chairman de chico and members of the board

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my name is sloan folks uh sloane fs on fire olks room 508 city hall office of uh councilman maria

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Keyona Sanchez. And I was sworn in earlier this morning. Yes. The applicant having met with

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the coordinating RCO and receiving a letter of support, the councilman's office has no

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opposition to this various request. Thank you. Thank you. Planning Commission.

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good afternoon board peter bernard for the planning commission

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this property is indicated for commercial mixed use in the comprehensive plan

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we do not feel the proposal will have negative impact on the surrounding community

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We do not feel the proposal will have negative impact on the surrounding community.

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accordingly we have no objection

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Accordingly, we have no objection to the granting of the variance.

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Thank you. MI2020-0008682054 North 2nd Street. My vote is yes with Proviso. Maximum 13 units.

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13 residential units. 13 residential units. Thank you.

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My vote is yes with Proviso. Yes with Proviso.

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yes with proviso yes with proviso thank you good luck thank you

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calendar number 2204 104 pollard street

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the attorney is leo mulvihill excuse me this is sharon saleta we have a letter of non-opposition

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from Councilman Squilla. Mr. Mulvihill has been promoted to panelists you may speak now.

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Members of the board good afternoon Leo Mulvihill turning on my camera. Name and address and spell

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your last name please. Sure Leo Mulvihill m-u-l-v-i-h-i-l-l address is 2424 East York

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street suite 111 philadelphia 19125 here today for the applicant k v as in victor k bright future

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llc also on the line is my architect michelle uh whom i may call as a witness at some point later

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members of the board i do one second do you swear or affirm to tell the whole truth and nothing but

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the truth yes do you also waive the reading of refusal and stipulate to its accuracy no i waive

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the reading but i don't stick to the accuracy okay at the outset members of the board you'll

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see there's multiple parcel addresses 104 to 108 a lot consolidation for this project should have

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occurred i have to ask you something else have you emailed an exhibit packet with the required

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documents including proof of ownership tax compliance refusal referral photos and plans

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the property five days before this hearing and have you met with the rco and do you have a letter

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I have met with the RCO. I don't have a letter from them yet, although I spoke with Mr. Friedman.

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They indicated they're sent, and then perhaps they'd have the letter by today.

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So I'm going to ask for a hear and hold, irrespective of regarding that.

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My packet was sent. It was sent on Sunday because I was waiting for that letter from Mr. Friedman, which I haven't received yet.

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So it was late, but it has been submitted.

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Excuse me, this is Sharon Saleta.

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I believe that Councilman Squilla's letter does refer to the approval by FNA, so I'm not sure if

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it would be necessary in that case to hold the vote. It would have been Northern Liberties

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Neighbors Association, not FNA. So that may have been a typo. I'm sorry. Okay, we'll accept that.

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Thank you. And irrespective, I'm asking for a hear and hold because we have 104 to 108 East

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Pollard. As part of the initial application, there should have been a lot consolidation request

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submitted it was missed for some reason i've been in contact with the plans examiner to try to get

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that added in for months um to no avail but our projects it doesn't change the underlying proposal

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for a single family home which we're presenting today the only difference would be an additional

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refusal would be uh issued for lot size being well maybe not even in this case but if this

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for RSA 5 would be an under 1440 square foot lot. And that's really it. May I continue with

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my presentation, members of the board, and ask that you hold your vote? Yes, please. Thank you.

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So members of the board, I have on the screen right now a table of contents, including everything

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that you guys need. I'll just go through it as required rather than saying it all seriatim to

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begin. We are here for one reason. And that reason is this. My client wishes to build a single family

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home on a block that's single family this lot is located next to the l and the 95 overpass

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in northern off of front street if you've ever gone southbound on front street from gerrard avenue

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toward spring garden you'll know that you have to make a sort of left hand turn dog leg to go down

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pollard street which was not a street i knew existed until this application and then make a

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left go through a weird intersection then go southbound that's what we're talking about mr

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mobile are you going to show us the exhibits because we're it's all we have is the refusal

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in front of us currently so that's our only refusal this it's owned okay it's owned icmx

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and you want to put a single family on a single family block um we're also asking for a curb cut

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there's no legal parking on the side of the street we're asking for the curb cut

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so i will get to my sidebar and we'll get to the good stuff i have everything else here

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members of the board here's a screenshot showing the overhead zoning map explaining just what I

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was discussing this is the front street here's the dog leg this is our lot there's a billboard

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Here's the dogleg. This is our lot. There's a billboard right behind it. This is all zoned,

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right behind it this is all zoned as you can see here

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as you can see here. Industrial, commercial, mixed use. Everything else on the block is

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residential. I'm going to skip all the deed and all that because we do have that. Client's

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commercial activity license and tax clearance are present. Here's the proof of mailing for the

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meeting. We did hold that meeting last week with Northern Liberty's Neighbors Association. It was

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well attended. Going to my photos now so you see that I did post the property. Just for the record

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this is page 22041. This is looking eastbound on Pollard Street towards 95 and the L. Looking to

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the right this is our lot. You'll see there's no legal on-street parking so we're actually adding

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to parking on the block with this proposal. Rotating looking southbound and now westbound

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on Pollard Street. You can see this is a residential block. There's garages to the

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north which were previously existing. New construction to the south or the left of this

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photo with all street parking. And this is directly across the street. It's an old converted

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school building if I recall correctly which is now multi-family. Getting to our plans.

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Here's the lot consolidation plan that for whatever reason was not included as part of the

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refusal it's three lots we're asking to make it one that lot is approximately 760 square feet

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so if this were RSA 5 that would be under the minimum lot size but really there's nothing we

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can do about that because we're actually taking three lots and adding them rather than trying to

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subdivide them the lot itself as you can see is kind of weird it's very shallow only 20 feet

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and pretty wide 38 feet wide so that changes the design of our house we get some different

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refusals again if this were RSA 5 due to the design. Here's the floor plan members of the board

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rendering I'm going to zoom in upper left hand side there's a rendering four stories 38 feet tall

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ground floor curb cut all street parking rear yard of 120 square feet that's kind of sideways

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like I said due to the shape of the lot sitting room on that ground story stairs in the middle

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there is a basement so it will be excavated there's a rec room storage area

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half bath mechanics water hvac second floor kitchen dining living space we have a nice

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little balcony area to extend the outdoor space right out the kitchen third floor two bedrooms

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bath larger bath fourth story two bedrooms bath larger bath potential wet bar for use for the

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roof deck which is set back from the street as required under the code members of the board

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that's it we're this if this were if this were an rsa5 property we'd get dimensional variances my

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argument would be this lot's shaped strangely so we required to have these variances to even build

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a house um because it's not zoned residential we're asking that this suggestion that this lot

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perhaps should have been zoned residential rather than commercial an excuse and that we be allowed

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to build this project once we have the essential issue regarding the potential refusal sorted out

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and the final letter from northern liberties neighbors association the hardship does

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has to do with the underlying zoning it has nothing to do with the design of the structure

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which to the best of my knowledge was approved by northern liberties neighbors association last week

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Michelle, are you on the line?

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If you are, would you please unmute?

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Ms. Kleschek, you've been unmuted.

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You can speak now.

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Good afternoon, ma'am.

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Please identify yourself with a record.

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Spell your name, and I'll swear you in.

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Michelle Kleschek, M-I-C-H-E-L-L-E, Kleschek, K-L-E-S-C-H-I-C-K,

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from Parallel Architecture Studios.

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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. Mobley?

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Okay, Michelle, you've heard my testimony in this matter?

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Yes.

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Were the architect that designed the structure in this case?

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Yes.

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You've heard my testimony regarding the size and dimensions of the lot, presenting some peculiarity when designing this home?

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Yes.

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You've heard my testimony regarding the underlying zoning, which creates an issue when designing a single-family home for this lot?

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Yes.

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yes that's it okay you accept otherwise accept my testimony as your own i do thank you i have

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nothing else to add members of the board i just ask you hold the vote pending my resolution of

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the issue of potential additional refusal with licenses and inspections and nlna's letter

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thank you questions from the board no no

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uh anyone else would like to testify in this case if so please raise your hand

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there are no hands raised at this time chair thank you planning commission

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good afternoon board peter bernard for the planning commission

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this property is indicated for industrial and commercial mixed use in the city's comprehensive

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plan the other three properties on this block are existing residential structures accordingly

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we have no objection to the granting of the variance. Thank you. Tanya, Sharon,

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since Mr. Mulvihill, we still need some documentation, I believe you said from L&I,

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we don't hear and hold. Do we want to give a specific resumption date? Actually,

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Chair, this is Sharon Soletta. This is Sharon Soletta. I'm actually a bit confused by this one.

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If possible, could we hold it for one week to seek some clarification from L&I on what the issues are, and then if you could next week announce what, if any, additional steps are required, whether it's to hold a supplemental hearing or simply to vote it.

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but that decision can be discussed in executive session

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and announced next Wednesday.

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My only concern with that is why I was, you know,

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suggesting maybe a resumptive hearing

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just to get that information you just described.

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He may not have an answer by next week.

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I was actually going to contact LNI directly

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to seek some clarification,

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if that's acceptable to you, Mr. Mulvihill.

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Yeah, I would appreciate any help

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who I can get in resolving the issue. Okay. All right. Then we'll close the record and the board

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will render a decision at next Wednesday, December the 16th at 9 30 a.m. We're rendering this.

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Well, render a decision or make an announcement that an additional supplemental hearing is

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required, one or the other. Good noted. Thank you. Thank you. Before I sign off, I do have a case

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that's listed for 330 for which i'd previously scheduled a continuance i would stay on the line

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but i have other rco meetings this evening i only wish to address that now so we don't have to

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necessarily address it later for a continuance yes and it's due to an issue with the rco

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wishing to see an updated lock consolidation plan what's the number in a q a okay thank you i will

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do that yes okay calendar number thank you calendar number zero one eight six one five zero west

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Wyoming Avenue. What happened to number 13? I think there was a request for continuance from

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Councilwoman Gauthier. Yeah, but I thought I said we would hear that case. Okay. Yes, you did. Okay.

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Okay. Calendar number 2181, 1322 South 53rd Street. And the attorney is Rachel Pritzker.

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Ms. Pritzker, you've been promoted to panelists. You can speak now.

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good afternoon good afternoon good afternoon rachel can you put your name and address on

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the record and spell your last name yep rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635

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market street suite 1600 philadelphia pa 19103 do you swear or affirm to tell the whole truth

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and nothing about the truth yes do you also agree to wait to reading the refusal and stipulate to

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its accuracy yes and have you emailed your exhibit packet with proof of ownership tax compliance a

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copy of the refusal and refer and or referral photos and plans of the property five days in

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advance of this hearing and have you met with the rco and you have a letter uh yes we've not met

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with the RCO, as I explained a little bit earlier, we had reached out a significant amount of time.

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I have provided the board in the packet with that outreach and did not hear back from the

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council office until today when they requested a continuance. So I believe the board decided

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