civus
Hearing video

ZBA Hearing - December 8, 2020

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

people to address the Zoom issues. A lot of people are older and they do not have those capabilities,

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nor do they are comfortable utilizing Zoom or calling in that process. And that's a hardship

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this from being a low-income community. The other issue is that the one person was in the community

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who denied was on that block, and the other one was around a corner from that block. So

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they were affected. There were two who were affected, immediately affected.

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The other piece is that if you say there's a number of vacant lots on that block, and the

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owner indicated that he was in possession of two of those lots. So we set this precedent with doing

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four-story units with the trash underneath. It wasn't really clear-cut as to how he wanted to

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handle the trash. He actually indicated having trash out the window. So we appreciate the fact

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that he has a better plan, but if there is a better plan, I think that this is something the

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community needs to be apprised of in a community meeting as opposed to on this particular platform.

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So as far as the size, and we have an overlay. An overlay indicates what the community is expecting when they purchase these homes.

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And this is what the RCO's job is to do, to try to adhere to what people's expectations are and their rights.

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So even though the community may or may not be here, it doesn't mean they're not concerned.

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It means that they know that we are here to represent them as well.

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Some people still work, right?

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So we have to take that into consideration.

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I'm trying to make sure I hit all the parts that he targeted.

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So if you look at the consistency of the block, it's three stories.

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It's not four stories.

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Those previous properties that look in that manner are on the other side of Diamond Street.

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And they are ridiculously used for temple housing.

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And we see how that trash is taken care of.

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And we do have a problem with trash.

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It's indicated by the fact that we have five different organizations, including two of them

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being part of the city, that actually clean the neighborhood. And we can barely keep up with the

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with the illegal apartments trash as opposed to any additional trash. So trash is a major issue.

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It's a health concern. We live in the era of COVID. It's not going to go away just because

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we finally get inoculated. You know, there's ongoing health risk. We don't need additional

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movement in that direction um so basically and i wish i could read the letter but i can't

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do two things at once and i'm all over the place right now as i can't bring it up

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was the letter submitted to the board yes you do have it you have um but we do have

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to protect us and we really would like the board to understand to adhere to the community's decision

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and that is that the um the applicant should redesign the property there are there's no

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hardship because there are single family homes that are all in that community that have been

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rented out. If you look on the OPA BRT, it substantiates that. And so there's no reason

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to put apartments in an area that's already saturated and is existing ownership single

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family usage. Thank you. Sean, did you want to say something? Yeah, Mr. Chairman, Tina Marie

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claims that 2204 North 17th Street is an illegal apartment.

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claims that 2204 North 17th Street is an illegal

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I have a copy of the zoning permit I'm sharing the screen now.

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You'll see it's 2204 North 17th Street.

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Date issued March 28th, 2008.

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It was changed from a five unit to a three unit.

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And then she also mentioned 2236 North 17th Street, again in 2008.

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that was registered as a three-family dwelling.

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So, and quite frankly, for all 17 of these properties on my list,

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I have the zoning history showing each and every permit documenting

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that these are, you know, documented legal multifamily dwellings.

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And some of them go back to, you know, before we were on this God-given earth.

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So, again, the block has a long history of multifamily use.

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You know, concerns about COVID and health are not zoning issues.

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And, you know, we can't address, you know, safe storage of residential trash and safe disposal of residential trash.

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just like just like the 17 other uh apartment uh you know or multi-families on on the block

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so can i ask a question yep um i i i hear that um tina marie said they sent something to the

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board and i was curious to know when and what i don't see anything unless it's an oversight on my

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part? That was emailed this morning by Tia Marie, and it's understandable. We had our

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meeting on Friday night at 6.30, and as you can see, Tia Marie's there on four different

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cases today. So, you know, I mean, I would note my objection to the late submission of

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the letter, but, you know, in the wide scheme of things, I understand why it didn't reach

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the board until this morning any other questions

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anyone else would like to testify please raise your hand

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there are no other hands up chair thank you planning commission good morning david effecto

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city planning commission mr chairman and members of the board this property is indicated for

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residential single-family use in the city's comprehensive plan the adoption of the new

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2012 zoning code did not change the zoning maps the zoning in this part of north central changed

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to single-family in 2014. this block has a fair number of two-unit homes but few three-unit homes

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accordingly we do not oppose multi-family use if the property is limited to two units

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thank you you must be reading my notes

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MI 2020 that's 000264 2222 north 17th street my vote is yes with the following proviso

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maximum two units

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no living

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quarters in basement

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and trash to be stored

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in ventilated

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a ventilated

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trash unit

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excuse me

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a ventilated unit of trash

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in each unit I know I'm saying that wrong

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but

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my vote is yes with provisos

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yes with proviso

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yes with proviso

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yes with proviso

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So, excuse me, this is Sharon Saleta, just so I get the proviso in a way that Ellen and I will understand.

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Would it be okay to say a ventilated trash closet in each unit?

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Would that work?

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A ventilated room in each unit for trash.

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Okay, thank you.

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And a maximum two units, right?

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Got it.

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Got it.

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Oh, and no living.

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No living.

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No living area.

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Quarters and basement.

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Yep.

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Thank you.

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Thank you.

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calendar number 1754 no strike that no that's correct um calendar number 1754 5525 larchwood

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avenue the attorney is rachel pritzker good morning good morning rachel can you put your

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name and address on the record, please and spell your last name.

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Yep. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

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Yep, Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-L.

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

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Yes.

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Do you agree to wait the reading of the refusal and stipulate to its accuracy?

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Yes.

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And finally, have you emailed an exhibit packet with the required documents, including proof of ownership, tax compliance, refusal, or referral, photos, and or plans of the 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.

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You may proceed.

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Okay.

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This is 5512 Larchwood Avenue.

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I'm going to share my screen.

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Um, you said 5512 Larchwood, I apologize. 5525. Sorry, thank you.

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So this is 5525 Larchwood Avenue. We were refused for two dwelling units in RSA and

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5. However, as I will show, this property is an existing structure. It's an intermediate lot

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on the 5500 block and has been an existing duplex for almost all of its history. The owner,

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Eddie, is here with me today. It's actually his great aunt's house. She passed away. His family

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has lived in it for a long time, and he's looking to just rehab it back to its former glory in honor

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of his aunt, Ray. So I'm going to just provide the packet and show the plans as well.

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Really slow internet, I apologize.

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The deed for the property, you can see the LLC is called Aunt Rea's house in honor of

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her as well.

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As you can see, this property is here on the zoning map.

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It's again RSA 5, however, I believe these properties were remapped in 2019, so they

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were formerly RM1, allowing for this multifamily use by Wright. And as I mentioned, the existing

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structure has already been built out as a duplex. We're going to be renovating it. Here's a

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front view of the home. There's going to be no structural work done to it. So we're not making

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any interior alterations insofar as the structure. We're not going to be excavating or digging down

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just some cosmetic updates to the property to bring it back into a more habitable use.

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We met with the community which was the

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I believe the West Philadelphia Economic Development Council on

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December 2nd and we have a letter of support. As I mentioned, this is an existing structure as a

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two-family dwelling. We presented the project and provided notice to 179 neighbors. There was

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a vote to approve this project as far as the community is concerned and there's a letter

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evidencing it as well and Andrew Goodman from Councilman Gauthier's office was also

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in attendance for that meeting. Just want to provide the plans really quickly.

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It's not that project. So that the board can see kind of what we plan to do. This is just a

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elevation of the exterior. And this, these floor plans are as it exists now with just some slight

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updates, just to open up the living space a little bit more on these units, make it a little bit

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more of a cohesive flow, but no structural alterations. As I have mentioned, the property

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is sort of exists as a duplex. I'd like to bring Eddie. Eddie, if you could raise your hand

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just to provide testimony and then happy to take any questions that the board may have.

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Edward Howell has been unmuted.

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Hi, my name is Edward Howell V.

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Hi, my name is Edward Howell V, sole member of Heinrich House LLC, 1515 Market Street, Suite 1200, number 622, Philadelphia PA, 19102.

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I'm a sole member of Henri's House LLC.

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I'd just like to state that...

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Excuse me, sorry, excuse me, excuse me, excuse me.

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Would you spell your last name, please?

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H-O-W-E-L-L, just like Gilligan's Island.

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Okay, thank you.

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

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I do.

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Please proceed.

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I just wanted to state that, like I said, it's always been a duplex.

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It's my great aunt's house.

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I believe originally her daughter lived upstairs after she passed.

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There had been various times where my mother or my grandmother had resided upstairs.

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It's kind of where we stayed when we were in the city in Philadelphia.

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So I'm just trying to bring it back to our former glory.

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My company's name is really in honor of my Aunt Marie.

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It's literally Aunt Marie's house.

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Sorry, I'm kind of nervous today.

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it's my first time doing one of these things but that that's pretty much all I have to say

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you're fine thank you thank you Eddie and have you heard the testimony I gave today Eddie

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yes and you adopt it as your own I do thank you I'm happy to take any questions that the

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board may have thank you any questions from the board no no no like to would anyone else

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

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there are no hands raised here thank you planning commission good morning david effecto city planning

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commission mr chairman and members of the board this property is indicated for single family

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residential use on the city's comprehensive plan since this is a pre-existing duplex we have no

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objection to granting this variance thank you very much uh oh god i got ahead of myself here

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mi 2020 that's zero zero one seven five four five five two five larchwood avenue my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes thank you i think we have a

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resumption hearing is that correct yes mi 2020-001092 1931 south broad street

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and if i'm not mistaken i don't remember if i was

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involved in that case was i was i in attendance on this case i know about it but i just don't

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remember if I was a party to the test to the original hearing I don't know research it here

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in the meantime are the participants here

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the hearing was held on

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on November 17th were you here that day the original hearing

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there are no hands raised at this time chair

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I remember the case I just don't remember if I participated in it because I

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I think I may have gone offline for a while I could be could be wrong

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no one no hands are up

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there's one hand up now Michael

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his name is Peter Zetter

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South Broad Street folks yeah

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I believe the attorney's name is Michael Malloy

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and chair I did check on 1117 I know that you did vote

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all of the other cases for that morning session

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i don't know whether you were out i would think you were here chair because typically you would

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be the only one who would do the resumption hearings yeah okay i again i remember part

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of the hearing and maybe once we get into it refresh my memory a little bit more thank you

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um i don't think it's an attorney present have he been in contact with you sharon

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no he is not okay

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we do have mr zutter uh from south broad maybe he can shed some light on it maybe we can get

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