civus
Hearing video

ZBA Hearing - May 14, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 14, 20254h 1m

Thank you.

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Good morning. My name is Bill Bergman, and I will be chairing this morning's meeting

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of the Zoning Board of Adjustment. With me is our Vice Chair, Ismael Shahid.

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Present, Mr. Chairman.

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Our Board Member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our Board Member, Tanetta Graham.

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Present, Mr. Chairman.

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board member Michael Johns. President, Mr. Chairman. Our board member

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Taya Nguyen. Taya

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will be on very shortly. Also here is our

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attorney, Matthew Webster, our

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zoning board executive director, Ian Haggerty, and our zoning

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board administrator, Lakeisha Dandy. Recording of this hearing will be

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posted on the ZBA website. By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in-person, if you're called to speak, you must state and spell your name,

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then wait to be sworn in.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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Any person may enter their appearance to become an interested party to the case.

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There are three ways to enter your appearance.

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You can identify the case property address on your Zoom webinar.

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You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and the address of the property of the appeal case.

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The following guidance is for our remote attendees.

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First, when directed, you must raise your virtual hand in order to be recognized to speak.

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Second, if you're called to testify, you will be prompted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases on the Q&A.

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Fourth, if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, please refrain from talking, eating, or drinking during the hearings.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevators.

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A water fountain is just outside the room to the right.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees in the court reporter.

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In the event of emergency, please follow the directions given over the public address system by the staff.

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The main exit is through the double doors at the rear.

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The nearest stairwell is to the left outside the doors.

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In case of evacuation, the rally point is Love Park, directly across Hart Street.

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Please remain there so we can account for you.

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Let's look at our schedule.

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Number two.

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MI 20, MI.

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What's that one?

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Okay. Number two, 2105 South Simpson Street, that case is continued.

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Number three, MI 2024-001-273, 2000 South 21st Street, that case is continued.

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And number six, MI 2024-004-304-2001 Kinsey Street, that case is continued.

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Are there any other requests for continuances?

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Good morning, Chair. This is Yvette Benton. I'll be your co-host for this morning.

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We have Vern Anastasio with his hand up. He has been unmuted and allowed to speak.

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Good morning, Mr. Chair.

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Good morning, Vern. Please state your name. It's spelled for the stenographer.

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Yes, sir. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of my client, Mr. Jerry Lee.

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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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Counselor, could you, which case?

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549-51 North 10th. I'd like to withdraw the appeal.

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Thank you, Mr. Chair.

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um okay yeah we had we are verne we do have that withdrawal thank you i'm getting ready

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to call that thank you thank you appreciate it okay any other requests for continuance

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here we have someone with their hand up by the name of lisa they have been unmuted and allowed

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to speak hi could you please state your name and spell for the stenographer hi my name is lisa last

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name t-h-e-t-s in tango h-s in harry e-s in network do you swear or affirm to tell the truth

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the whole truth and nothing but the truth yes i do what case are you involved with um it's a 2000

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south 21st street um it's just been in the continuance for like a while so i just want to

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make sure that it is continued because um it was first assigned to west past young neighborhood

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associations but then the leadership never like responded to me since like july that case is

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continue and the date for that case will be 12 3 25 at 9 30 a.m 9 30 a.m perfect thank you so much

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i appreciate it thank you any other requests for continuance here i've seen all the hands of this

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time so number seven mi 2024 004 865 39 11 to 19th north 5th street judas santiago is the listed

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applicant. We have no

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exhibits. This is the second listing.

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Chair, I see no hands at this time.

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So MI 2024

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004

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836-865

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3911 to 19

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North Fish Street. Second listing.

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No one appeared the first time. I

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vote to dismiss. Michael Johns.

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My vote is to dismiss. Cheryl

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Gaston. My vote is to dismiss.

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Tanetta Graham. My vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Thank you.

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Number 14, MI 2024-007-515-1929-35 East Clearfield Street.

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No exhibits.

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This is the first listing.

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The owner is Alvaro Alvarez Rosario.

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Hey, I see no heads at this time.

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Okay, so this is the first listing. So MI 2024-007-515-1929 to 35 East Clearfield Street.

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This case is continued to 12-325 at 9.30 a.m. Mark must be heard.

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And number one, MI 2022-002-928-549 to 51 North 10th Street. This case has been withdrawn.

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We're going to go to our add-on list. Number one, MI 2024-007-299-609 Annan Street. The board will vote on this matter once it receives amended refusal from the applicant listed both of the required uses discussed at the hearing.

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Number two, MI 2024-007-354-1432 South 49th Street.

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The vote in this matter has been rescheduled to May 21st at 9.30 a.m.

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And number three, MI 2024-003-268-3501 G Street.

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The vote in this matter has been rescheduled to Wednesday, May 21st at 9.30 a.m.

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We're going to go to our main list.

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Number 8, MI 2024-007-498, 1808 Wiley Street.

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Adam Laver is the attorney.

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Good morning, Mr. Chairman and members of the board.

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Adam Laver of Blank Room, 1 Logan Square.

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Just for the record, could you spell your name?

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I mean, everybody, but just could you please spell your name?

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Quite all right.

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Laver, L-A, V as in Victor, E-R.

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

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Yes, Mr. Chairman.

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Could you identify your client, the relationship to the property?

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Yes.

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Blank Rome represents 1808 Wiley LLC, which does business as eclipse development.

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uh principals ryan kalili and colin conway are sitting in the actual hearing room behind me

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today our vice chair has a few questions sir good morning council do you agree to wave the

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reason of the refusal or stipulate to its accuracy good morning mr vice chairman yes i do have you

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emailed in all the required documents and exhibits as needed to proceed for this case five days in

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advance of this hearing yes sir we have thank you council please proceed and you may share your

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Thank you.

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Thank you and counsel for a point of information there's a recommendation support from United

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Thank you.

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Council, for a point of information,

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there's a recommendation of support

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from United France.

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Francisville Civic Association the applicant also gave us a petition of non-opposition

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with 38 signatures five from the immediate block correct thank you for noting that Mr. Chairman

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as I stated members of the board in the hearing room today are Ryan Khalili and Colin Conway

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who are local philadelphians who have previously appeared before this board

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this team has consistently been recognized for high quality transformative projects

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throughout our city also with us in the hearing room is architect paul lorenz of the common

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practice on the screen before you is a conceptual rendering of the proposed development that we seek

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to bring to you today. And here is a aerial image of the subject property, which is in the lower

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half of the screen. It is a garage, actually, it looks from this photograph, you see a black roof,

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it's a one-story garage and I'll show you some more images shortly. The subject property is

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located in Francisville, which is a neighborhood that I know is known to this board. We are one

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property off of Cameron Street across from the Francisville Playground and Recreation Center.

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It's truly an ideal location in a vibrant community and even in this aerial photograph

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that you can see, which is dated because it wasn't taken yesterday. The neighborhood is

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changing so fast. It's a wonderful mix of longstanding, beautiful housing and new, vibrant

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additions as well. So you get a sense of that vibrancy of the neighborhood, of the diversity

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of the neighborhood going back to the conceptual rendering that i had shared with you the development

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team has proposed a new four-story residential building to include 12 homes five off street

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automobile parking spaces which you can see in the rendering to the right or to the east

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directionally and class 1a bicycle spaces as well

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the subject property is owned rm1 which as the board knows permits multifamily residential

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the refusal itself is a little bit confusing as noted by the recommendation of board council

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we'll get to that shortly and the last permitted use was for a garage and auto repair shop

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here are those photos that i had promised you so moving from left to right uh on the left of the

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screen where it says project location you can see uh on the uh right of the photograph the

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location of the garage. You can see it better in the middle of the screen. It's the one-story brick

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structure with the pull-down garage door. And I'd also like to note that to the left of that

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one-story brick structure, the open area is the subject property. So what appears to be a breezeway

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is the developable property right up to that stucco party wall. And then on the far right

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right of the screen, you can see the subject property on the left and a streetscape on the

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right. Why do I share that with you to give you a sense of the feel of the true diversity in all

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respects of the block and of the neighborhood? And it speaks quite frankly to the proposal and

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the refusals that we will get to in a moment. Here is a closer image of the unfortunate

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state of the property which was purchased not so long ago by my clients

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and then moving to the refusals if i may so refusal number one as i mentioned at the outset

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mr chairman and members of the board 12 residences are proposed multi-family residential is permitted

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in the district based on the size of this lot 11 homes would be permitted we are proposing

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12 density is determined based on lot size this is one of the most de minimis uh cases that that

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Cases that that I can recall bringing before the board, we are approximately 33 square feet short of being able to permit 12 units, and I would respectfully suggest members of the board that we have a known need for housing in the city of Philadelphia, and that to be able to provide.

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i can recall bringing before the board we are approximately

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not only adequate but generously sized residences uh that meet the needs of philadelphians when

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we're 33 square feet short is an appropriate uh variance to to grant the least minimum necessary

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to fulfill the uh the objectives of of the of the city and the known needs the second and third

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refusals concern the proposed height. The code limit for height in the zoning district is 38 feet.

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The proposed development for the four-story structure is 45 feet to the roof, which is

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clearly a seven-foot variance. The height requests would allow for us to also meet

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a known parking demand uh in the neighborhood and to maintain the parking that is there

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although upgraded of course and to provide off-street parking for multiple cars we are not

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taking away a public space and providing a private space we are maintaining existing condition and

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providing multiple spaces which i believe is part of why the coordinating rco which knows the

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neighborhood best has offered its support. Also on the issue of height, as you may have picked out,

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although it's hard to see in some of the photographs, the proposed height is not

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uncommon in the neighborhood. You'll see that there is a mix. There's quite a mix from two

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stories to three stories to four stories, et cetera. But in fact, right across the street

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from the subject property is a four-story home immediately around and actually touching the

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property at the rear off of Cameron you have four stories and once again in terms of the scale

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it meets the diversity of the neighborhood here's an example of what you would see if you're standing

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at our property looking across the street I think respectfully that the proposed design that Paul

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has put together is much more elegant but in terms of massing this this gives you an example

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and and yes there's a a variety of heights along the block

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as you can see actually in the elevations that we show right here

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we are proposing a four-story brick structure with juliet balconies overlooking wiley street

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preservation of that existing curb cut that I mentioned to accommodate the off-street parking.

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Moving to the floor plans, if I may, and starting with the ground floor,

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the ground floor accommodates for, you'll see, four standard parking spaces, and then to the right,

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there's a little niche there for a fifth space that's fully handicapped accessible.

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also class 1a bicycle parking spaces are provided and i'll get to the multi-family as we go through

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the plan shortly you see multi-family residential use shown but i'd like to point out on this plan

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the garden areas in the back additionally there is

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we meet and or exceed code requirements when it comes to egress for all proposed units.

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Here's another view of the ground floor space showing a little bit more detail for the

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residential units one, two, and three. We see on this level, which is the ground floor level,

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the living and dining spaces in the upper left hand corner in the yellowish beige is unit one

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showing main living and dining. You'll see in a moment for these three units that they're

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bi-level units and the lower level unit has the sleeping areas. Towards the rear of the property

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