civus
Hearing video

ZBA Hearing - January 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 27, 20215h 43m

You are live.

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Thank you. Good morning.

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Thank you.

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You can begin, Chair.

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Thank you.

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Good morning, everyone.

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My name is Frank DiCicco, I'm the Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing, along with our Vice Chair, Ms. Carol Tenere,

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Board Secretary, Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James

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Snell.

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Board Administrator, Lakeisha Dandy, and our Board Attorney, Saleta, are also in attendance.

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For those of you who haven't yet participated in one of our virtual meetings, I'll go through

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some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded.

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Third, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I repeat, for anyone participating by phone,

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if you wish to testify you must raise your hand by hitting star nine and then star six to unmute

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yourself finally to enter an appearance statement call google 267 270 5548 and leave your email

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address and the address of the property at issue i'll repeat that as well to enter an appearance

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statement call google 267-270-5548 and leave your email address and the address of the property at

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issue i would also like to remind everyone please do not attempt to testify in the chat

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all your comments should be directed to the board administrator

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uh before let's see let me make sure i got everything here okay the following case on the

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930 list has been continued has been requested to be continued that's number three on our list

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mi 2020 that's 002190 1645 west cabot street is there anyone who would object to this case

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being continued? If so, please raise your hand.

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No hands, Chair.

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Thank you. At this time, I would like to ask if anyone would like to have the case continued

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or withdrawn to please raise your hand. Anyone who's requesting a continuance or withdrawal,

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please raise your hand at this time. Chair, we have Leo. Leo, you can unmute yourself and speak

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to a continuance. Yes. Good morning, Chair, members of the board. Happy New Year. It's

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been a little bit. Leo Moldahill. Happy New Year to you. Address is 2424 East York Street,

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Suite 111, Philadelphia, 19125, although not for long because I'm shutting down my office and just

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going to be working from home. So you'll be getting a new address soon. Do you swear to

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Affirm to tell the truth, the whole truth, and nothing but the truth?

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Mostly, yes.

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Okay, thank you.

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Members of the board, I'm here today on behalf of 3615 North 15th Street.

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We had a community meeting for this.

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I did not post the signs for the hearing as I got abdominal surgery earlier this month, and it kind of slipped my mind.

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So I'd request that this just be relisted.

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We already have a letter from the community here.

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we already have a letter from the community here uh i just didn't get the materials to the board

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I just didn't get the materials to the board.

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and i didn't post the sign um as a result so my apologies no problem so number 12 on our list mi

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2020 that's zero zero two one three one three six two five north 15th street is continued thank you

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members of the board you all have a good day you do likewise thank you do my best take care feel

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better. I'm trying. Good. Anyone else requesting a continuance or withdrawal? Please raise your

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hand. Here we have a Mr. Jack Hubert. Mr. Jack, you can unmute yourself and speak to a continuance.

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I think you already continued it, but I didn't know if he needed me to hang on for a date. This

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is number three on your list for Cabot Street. The case will be continued. Okay, so I'll just

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get something in the mail thank you have a good day yes you also

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we have a miss clark miss clark you can unmute yourself and speak to a continuance

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good morning miss clark please identify yourself with a record name and address

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good morning mr de chico and members my name is jocelyn clark the address is my address is 22

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3230 West Ontario Street, 19140. Would you please spell your first name? J-O-C-E-L-Y-N.

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Ms. Clark, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes. Please proceed. I would like to continue my hearing for a later date because I did not get

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all the documents to the zoning board what is the address of your the case you're speaking to

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2230 west ontario street

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okay mi2020-002194-2230 west ontario is continued is this the first continuance

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for this yes okay yes thank you anyone else continuance or withdrawal

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no more hands chair

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i'm sorry one more hand chair sure sure sure no problem

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mr pierre you can um unmute yourself and now speak to a continuance or withdrawal

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good morning mr chair members of the board france pierre councilmember johnson's office

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that's f-r-a-n-t-z last name pierre that's p-i-e-r-r-e i am uh inquiring in regards to

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hold on one minute france do you swear and affirm to tell the truth the whole truth nothing but

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the truth yes i do uh thank you uh please proceed and what case are we talking about

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1714 washington avenue i saw that there was no exhibits received i haven't received correspondence

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from this uh applicant it has just want to check sharon has in this case already been continued

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it's number four and yes it was previously listed on october 21st no exhibits so okay uh mi 2020

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that's 0002791714 washington avenue my vote is to dismiss my vote is to dismiss dismiss

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dismissed dismissed you thank you mr frons no problem thank you

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any other requests for continuances or withdrawals

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No more hands, Chair.

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Thank you.

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Mr. Chair, do you start with Duval?

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Yes.

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MI 2020-002588, 100 West Duval Street.

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MI 2020-002589, 102 West Duval Street.

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MI 2020-00257231 West Duval my vote is no on all three my vote is no on all three

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no no to all three no to all three I think with that we can begin the regulars list

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Thank you. Calendar number 2187-1105 East Passchonk Avenue.

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2187-1105-East-Pashonk Avenue.

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Sorry about that.

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I have to speak in Bork.

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May you please raise your hand if you were for this case?

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Anyone available for 1105-East-Pashonk Avenue?

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Yes, they just raised their hand. They're coming in as a panelist now. You can unmute yourself.

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Thank you. Hi, this is Tara Ko. I'm an attorney.

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Hi, Tara. Can you put your name and address on the record and spell your last name?

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Sure. My name is Tara Ko. Last name is K-A-O. And, oh, sorry. Let me start my video. I didn't

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realize it was off. And my address. My address is 931 Arch Street, Suite 200, Philadelphia, PA,

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19107. Do you swear or affirm to tell the whole truth and nothing but the truth? Yes. Do you also

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

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the exhibit packet with the required documents, proof of ownership, tax compliance, refusal,

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referral photos and plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter um we did meet with rco we received a letter last thursday

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uh afternoon and was not able to mail the packets but i did i i it was very last minute but i emailed

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everything that you had listed uh yesterday i apologize for the late submission so we do have

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the packets um via email i sent it via email but not mail i was not able to mail it in time

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miss salata

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um we did receive everything it was submitted late but yeah yeah i do apologize for that

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we can go and there's a letter of non-opposition from councilman squiller

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we did receive that um also like on late thursday last thursday so um we can go forward right

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i did i received documents what was submitted late was the deed which was a follow-up document

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okay so we can go forward proceed thank you thank you very much i'm not sure if the the owner is

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here. So I represent Dr. Bin Wen. He is the property owner. He also operates a PT clinic

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in the first floor of the property called Optimal Physical Therapy Gym. He has over 10 years of

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experience in physical therapy. And he opened this office in Pashyunk. He moved here from 600

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Washington Avenue in 2017, and he serves the community, and I think there's a great need

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for something like this in that community. His business is growing, so here he proposes to

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add in a... Excuse the interruption. Do you have any exhibits?

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I don't have any exhibits except whatever I submitted.

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Are you able to share any of what you submitted? Oh, of course.

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yeah that way as you speak to what he's looking how do I do this okay because I always

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give me one second I still I'm trying to figure this out okay let's see if that works

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that's good we have do you see the refusal yes we do okay okay great um all right so uh

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so i was going to explain that this property is uh just give me one second i lost my my place

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So he owns the business in the first floor and also is the property owner. He proposes to build a rear extension to his office.

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And he did hire a contractor to do the work. And unfortunately, the contractor, without his knowledge, did not receive the required permit.

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so right and it's already actually completed he wishes to basically legalize and get the

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proper permits and the uh the the permits for the already existing now now erect uh addition to the

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back uh the issue was that um the issue why we we got a refusal was because um this property has

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it's because um this property has multiple street front changes uh the front facing excuse me

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multiple street front changes, the front

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excuse me counselor yeah go ahead do you have any drawings uh i do let's see if you can um

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if i get the right can you see the the drawings does it pop up yes okay great um this is the

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drawings. So he already, his first floor already, he already is a permission to do a multiple

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practitioner for physical therapy. He wanted to just add about 425 square feet addition to his

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office. And I do have pictures of that. And this property has multiple street frontages.

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The front is Pashunk Avenue and the back is Franklin Street, which is a residential street.

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And the front of the property is on CMX 2.5, which allows for multiple practitioner use.

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But the back is actually RSA 5, which triggered the refusal and also what used to be an open space.

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And then so the refusal was for two reasons.

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The first that the proposed use of group practitioner is expressly prohibited in RSA 5, which is the back area.

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And then the plans propose a zero minimum, zero open area, whereas 25% is required.

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It used to be a backyard open, basically unused backyard.

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And he now has an addition to his office.

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I can give you, show you some pictures.

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So the front of the office is pretty busy street past Yonk Avenue, and it goes all the way to the back to Franklin Street.

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This is the rear, and as you can see, it conforms to other properties, whereas none of them has open space.

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And actually, a lot of them do have a business reaching to the back, just as his business does.

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And there was non-opposition.

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the only, there was a big problem with this trash can that he put in to put his trash in is now

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removed because that was one of the concerns of the, of the neighbors. So this is the addition

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in the back. So he needs space for equipment, for treatment with his patients. And now the,

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the back trash bin is removed. And another issue is that, you know, it doesn't look very pretty

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in the back and he will can you and he will uh clean that up and get that fixed uh answer your

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question i need to interrupt where is trash going to be stored so he does have a basement so he can

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store it in a basement i told him i was like that that is a viable solution about the tenant the

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tenants in the apartments the tenants in the apartments um generally it's uh trash is once a

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week so they they couldn't put anything in the back anyways because they have no entrance to the

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So they would just have to put their trash out once a week and store it in their apartment.

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So this rear addition would not cause any typical concerns because it's not going to be a new use.

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It's just going to be the same business.

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There's not new tenants, so it's not congestion in the area.

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It's not going to have congestion in the street or in the sidewalks.

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Also, it does not increase the number of occupied units in the property, and it will not impair, you know, the light and air.

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It's only one addition, as you can see in the picture, and he does not plan to build up.

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So, you know, it is already built, so it would cause unnecessary hardship to the applicant if this is not granted, the appeal is not granted.

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And, you know, I think he's been doing this for many, many years, and he wishes to continue

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his business here, and he needs the space for his medical office.

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And we did meet with the RCO, the community, and there was non-opposition, but for those

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couple neighbors that did not like the trash can and that it was unfinished.

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and they also mentioned that he they saw that he had his patients running in their residential

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street he will refrain from doing that all right any questions from the board no no

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

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no hands at this time chair thank you planning commission

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No hands at this time, Chair.

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Thank you. Planning Commission?

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Morning, Chair Chico. Members of the Board, Ian Hegarty, Philadelphia City Planning Commission.

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Ian, just spell your first and last name for the stenographer, please.

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Yes, sir. Ian, I-A-N, Hegarty, H-E-G-A-R-T-Y.

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

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I do, Chair.

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Thank you, sir. Please proceed.

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So for this case, the comprehensive plan recommends no change to the existing commercial and residential zoning that are on this property.

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The through lot and the split zoning present somewhat unique conditions, and we feel the proposed use is unlikely to create unreasonable adverse impacts.

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And so we have no objection to the granting of the variance.

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Thank you.

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MI 2020-002187-1105 East Passyonk Avenue.

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My vote is yes with the Proviso commercial trash pickup.

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My vote is yes with Proviso.

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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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Thank you.

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Thank you.

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Calendar number 0654, 1455 North 29th Street.

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um i have no exhibits for this case and it was previously listed on july 21st and october 21st

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uh can we hold this at this time uh can we hold this to the end of this session

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i have a hand raised hold on

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mr turner um are you here for this case you can unmute yourself this case and um

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hello we can't hear you you need to increase your volume and please identify yourself with a record

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yes um putting up my volume

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