civus
Hearing video

ZBA Hearing - October 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20224h 18m

who was in support, the next door neighbor at 4013

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is in support of the project.

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Here you see the front of the property.

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This is the notice of refusal.

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Now, we're looking at a view from across the street, looking across the street from 4011 Meridian.

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Now, we're looking at a view from across.

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This is a view looking to the right of 4011 Meridian.

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But you're bringing up a little bit. It's hard to see.

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Okay, I apologize. Maybe I should take it off of...

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Okay, so this is a view looking to the left of 4011 Meridian.

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Okay.

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And here's a view looking at the side of 4011 Meridian.

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So currently there are two parking spaces in these garages. What the owner intends to do is to erect an addition on top. It would be an economic hardship. The meeting with the RCO, they were opposed to putting an addition on top because they think that this property can be developed as it is.

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This is a view looking at the rear of 4011 Meridian. It would be an economic hardship for the owner to develop the property as suggested by the RCO.

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As you can see on the plans, the first floor currently has the two parking spaces. He would have to level that entire building in order to develop it as the RCO is suggesting in their letter, because it is unleveled.

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there's concrete on the floor in the garage. He would have to tear up all the plumbing. He would

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basically have to level the entire building in order to do it in the way that they are suggesting

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in their letter. His plan is to go up about six feet above because he wants to develop it to look

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similar to the other properties in that residential neighborhood. He plans on putting in

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one apartment in the front as you can see on the plans with two bedrooms and a utility room and

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one apartment in the back with two bedrooms and a utility room as well as kitchen living room and

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bath the lower parking spaces would be dedicated just to the residents because there's already

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an issue I believe with parking on the block and he wants to make sure that he accommodates the

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residents and doesn't impact the parking in the neighborhood. And the additional space on the

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lower level would be for resident storage. In the letter from the RCO, somehow they believe that

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it might be made into an efficiency apartment. I was on the meeting last night with the RCO and he

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never stated that. The owner has been very clear that he intends on, after developing this with the

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two families unit, he would make the lower level additional space for storage for the tenants.

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Are there any questions about the plan?

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Okay. And as you can see here from the letter from the RCO, they did oppose the variance for

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the rear yard depth and didn't oppose it for the multivariance use. Again, as I stated,

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That, you know, this property hasn't been developed since the owner purchased it, and he wants to make it consistent with what the surrounding residential properties look like.

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And again, it would be an economic hardship for him to develop it in the way that the RCO is suggesting it because of its size, its shape, the contours, and physical dimensions.

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The variance we seek is the least modification possible of the code to provide relief.

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it will not increase the congestion in the public streets it will not substantially or

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permanently harm the neighbor's use of their properties or impair their adequate supply of

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light and air it will not substantially increase the traffic congestion and it will not create an

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environmental damage pollution erosion or increase the danger of flooding at this time I would like

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I'd like to call my client, Stanley Stein.

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Hi, Mr. Stein, can you state your name, please, and spell it for the court reporter?

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My name is Stanley Stein.

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Hi, could you spell it for the court reporter?

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first name stanley s-t-a-n-l-e-y last name stein s-t-e-i-n right do you swear for him to tell

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the truth the whole truth and nothing but the truth yes proceed counsel thank you uh mr stein

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have you heard my testimony here today before the board yes i have okay and do you agree with

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and adopt the presentation i've given in the testimony given here today for your property

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located at 4011 Meridian Street?

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Yes, I do.

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Thank you.

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I have nothing further.

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Counsel, is there any other multifamily dwellings in the area,

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especially on the end of the blocks like this one will be?

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especially on the end of the box like this one will be there are residential um rentals on the

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There are residential...

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block and um i can't say specifically what addresses but there are rentals on the block

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okay questions from the board no

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questions or comments from the virtual audience

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sir mr david de mugo has his hand raised i have allowed him to speak at this time

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

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Yes, my name is David DeLugos, D-A-V-I-D-D-L-U-G-O-S-Z.

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Right.

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

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Yes.

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Proceed.

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So, again, I do apologize about the lateness of getting this letter to you guys.

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We had some scheduling issues, so the public meeting wasn't held until late.

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I want to start with that.

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I want to say that I guess there's a couple of things which I think the council misinterpreted

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from our letter.

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Number one, we had a field meeting that she was not in attendance at, so the meeting I

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was talking about was a previous meeting to the one to the public meeting.

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Secondly, that looking at the plans and having been inside the building, in the front of

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the building, if you can recall like the first page of the presentation, there is currently

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an efficiency apartment slash storefront in the front of this property, which is not being

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represented on the plans. There is additional space. So, you know, I'm not sure if their

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intention is to get rid of that space in the front, which would otherwise be an efficiency

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apartment or a storefront. Secondly, that I'm definitely not, you know, the civic service

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change is not asking to level the building. What we were opposed to is maintaining the depth of

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the building. So what we would be suggesting is to add a new rear wall to the building to make it

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conform to the existing to the new zoning that's that's in place. Every other building on this

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block has a rear yard. This is the only one that doesn't. While this was previously zoned as four

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garages, as you can see in the refusal, it made sense because they want to maximize the parking

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spaces in the four-car garage but now this is being used for two cars as you can you know again

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if you go to the floor plan there is a you know there still is room for four cars but they're

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only using it for two and as you can see there's a lot of excess space on the first floor so as that

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they're going to have to be doing some demolition and major structural work modifying the rear wall

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you know seems to be within the scope of of the work and not to be a hardship uh the last thing

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to say is, as far as the commercial space, which I mentioned in my letter, is that the dead space

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on the first floor, again, is currently being used as office space by, I assume, the property

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owner. That is what Mr. Lee had expressed to me in the rear garage. So we are concerned about

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the uses on the first floor being only parking spaces, but there is, again, as you can see from

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the first floor plan a wide access of space that is outside of the garage doors, which is not being

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identified in any kind of use or in their permit request. So hopefully that clears up what we were

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asking for in the letter. And if Lynn has any follow-ups for clarifications, I'd be happy to

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take them. Okay. So Lynn, why don't I do this first? Let me see if there's anybody else

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in the audience that has a comment and then i'll let you respond to it okay

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thank you is there anyone else in the virtual audience has a comment

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i see no hands mr chair council proceed um is uh i'd like to ask mr stein if i could

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um mr chair yeah mr stein are you still available

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Mr. Stein please raise your virtual hand again and chair we um do have one hand um up now okay

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let's see what that means hi who is this this is Mr. Stanley Stein is that the person you have up

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yes that's who I would like that that's the owner of the property you've already he's already been

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sworn thank you Mr. Stein you heard the comments from Mr. DeLugos with regard to

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that front area in the property. What is your plan for that front area for the property?

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We're going to use it for storage space. And with regard to, he stated it's currently in efficiency,

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what are you currently using it as? Storage space. And that's for your personal storage space?

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Yes. All right. And with regard to the interior garages, what would it require for you if you were

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What would it require for you if you were to have to comply with the suggestion of the RCO?

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to have to comply.

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What would it require you to have to do?

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I would have to tear up all the concrete because all the plumbing is actually underneath the concrete built in.

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And the sewer lines and water lines and gas lines.

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And would that be economically feasible for you?

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it would be it i wouldn't be able to do because i wouldn't be able to afford to do it

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and with regard to the rear of the property um would you be able to um economically afford

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what it is that they're suggesting no okay thank you thank you planning commission uh chair just

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one one hand is up oh sure

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calling you so you can unmute yourself hi could you state your name and spell for the court reporter

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please peter jacobs p-e-t-e-r j-a-c-o-b-s you swear for him to tell the truth the whole truth

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nothing but the truth i do you see okay uh good morning to the board and to everyone

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uh i did communicate with some of the members of the rco after the meeting uh late last night

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uh as i expressed to them and i know this board takes uh credibility into consideration

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mr stein represented to the community members when asked by one of the i think it was a board member

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if he lived in the neighborhood he said yes i live near the intersection of ryan avenue

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and fairfield street uh mr board here i would i would object to this i mean excuse me i'm talking

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ma'am excuse me i am speaking now listen to me listen to me so we do take what we want to do is

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this is about zoning we don't i don't i don't need any testimony about where he lives or anything

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like that i guess my question would be where do you stand on the product project

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sorry you can unmute yourself

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hi why don't you just tell us where you stand on the project well i'm i'm opposed to it and uh

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that building has been as it's been in its condition uh there is not as the i think you

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asked mr chairman if there's other multiple housing obviously the answer was non-responsive

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There is not other multifamily housing rents, you know,

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rentals on the block of existing single family housings do not equate to

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multifamily housing. So it is a different property.

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And I'd also.

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We lost you.

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Okay. All right. Planning commission.

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Hello. Yeah. Peter.

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Hello.

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he's been lost sir okay all right planning commission thank you chair bergman ian hegarty

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for the philadelphia city planning commission board members the comprehensive plan recommends

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no change to the existing rsa3 single family zoning at this location the existing structure

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is a legal non-conforming building and uh it was the appellant's responsibility at the time of

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purchase to know and understand the limitations of rsa3 zoning with regard to the dimensional

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variance the dimensional requirements of the zoning code we don't don't feel create an economic

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detriment for the applicant and with regard to the proposal to establish two family use here

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we recognize the existing non-conforming structure presents unique physical condition however we

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don't believe the applicant has substantiated why two dwelling units are the least variance necessary

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to overcome whatever hardship may exist the city planning commission recommends that the board

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deny both variances. Thank you. MI-2022-003-078-4011 Meriden Street, I vote no.

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Carol Tenere, my vote is no.

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James Snell, my vote is no.

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We can't hear you.

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ish no saheed my vote is no mr chairman i had a problem with the internet oh it's okay thomas

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that's fine and my vote is no thank you thank you council

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number eight on my list mi2022-003-157-425-27 marple street

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Douglas Stern is the attorney

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Stern is the attorney.

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Recommended support from the center

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Recommended support from the Central Roxborough Civic Association

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and also a letter of support from the neighbors at 431 Marple Street.

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Mr. Stern will be rejoined as a panelist, sir.

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Sure.

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Mr. Chair, this is Hillary.

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I just want to note for the record that we did receive the tax clearance document that was requested.

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Thank you.

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Thank you very much.

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Mr. Stern.

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Hi, Mr. Stern.

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

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Douglas Stern, S-T-E-R-N, attorney for applicant.

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Okay.

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Could you identify your client, please?

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Yes, it's Urban Development Corporation and their corporate officer and owner, Paul Messick, is here.

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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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Our vice chair has a few questions.

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

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Yes.

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have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal or

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referral photos and or 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 yes okay you may proceed and your screen's already up okay

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wait i'm trying to do it get the

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share the screen

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okay so 425-427 Markle Street we're asking for a zoning variant so it can be

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used for storage for the business my client trades under nine property 911 recovery and

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the property has always been basically industrial warehouse. It isn't adapted for overnight

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accommodations. So the reason we're here is we got a zoning violation saying that it wasn't

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properly zoned for this use. It's always been used as a storage warehouse. Says it on that

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atlas paperwork i'll get to the pictures in a minute

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and as you can see

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well mr stern nothing's open as of yet we we see your different files but nothing's open

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i thought it was shared

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i thought it opened up it's on my screen i'm not sure why it's not appearing on your screen

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Mr. Stern, I think you need to unshare and then open the documents and then reshare.

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Okay.

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Unshare.

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All right.

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So, share.

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