civus
Hearing video

ZBA Hearing - November 17, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20205h 18m

where am I

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this is the living and dining area

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of the first floor

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and the kitchen for the first floor

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first floor bedroom

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first floor bathroom

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and I believe I have to bring up another file unfortunately but if I can just explain if you

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don't have to see the interior this time around the second floor is two-story as you can see

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with a deck on the on the side it is completely it has no side area rear area or frontage it is

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right on the street. Surrounding this, across the street from this property, is a huge parking lot

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adjacent to a church that allows, and before COVID, before we had the pandemic,

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the church was allowing the neighbors to park on that lot. Because the church is not having

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services, they close the lot as well. We expect that when that opens back, we will have parking

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available again for all the units on the block. Across the street are multiple, you have multi-family

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dwellings as well. This is a real mixed eclectic block of properties. Most residential on this

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side of the block and the other side is the church, the parking lot, and you have a huge

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senior citizen's facility.

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We are asking nearly that you legalize what was approved, that you reinstate what was

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approved back in 2017, that the first floor be a residential unit and that the second

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floor also continue to be a residential unit.

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And that is really the gist of the request.

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Okay, thank you.

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Do you have any witnesses?

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I have, standing by is the owner for the property

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if you needed to have heard.

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We'll stipulate you as a officer of the court

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that your client would adopt your testimony.

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Going forward, any questions from the board?

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No.

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no anyone else would anyone like to testify in this case if so please raise your hand

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mr chair i have a charles richardson with his hand up i will allow him to speak

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so he can be good afternoon mr richardson you're still under oath from earlier

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please identify yourself for the record good afternoon mr chair charles richardson

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office of councilwoman cindy bass room 312 city hall councilwoman has no objection to

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granting the variance thank you planning commission

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good afternoon brian wenrich city planning commission staff this property has a documented

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history of two units accordingly we do not object to the granting of this variance thank you mi 2020

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that's zero zero two one one nine one oh nine west rittenhouse street my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes okay miss haskins you

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had a you had a good day three for three thank you very much you got a hat trick okay am i excuse

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me. I'm sorry. This is Sharon Saleta. Could we call Rachel Pritzker is waiting for a case that

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is not included on your list? I believe you received a text message 327 North Front Street.

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Yeah, I need the MI number or the appeal number. Okay, but are we going to hear that last?

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I thought we were going to hear it last. Yes. Sharon, is that okay? It's fine. I'm sorry. I

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misunderstood tanya i thought that sorry no because unfortunately i misput this on the list

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so i'm trying to get planning commission a weigh-in at that time so this will give them a few

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minutes to get that done okay i misunderstood i apologize no worries no worries we're gonna go

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Okay, I misunderstood. I apologize.

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No worries. Thank you.

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We're going to go to the next case, MI2020-000973-1121-33 North Front Street.

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Okay, Mr. Chair, I have a Mr. Brandon Okus.

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Is he being promoted to a panelist or just allowed to speak?

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Mr. Okus, are you the owner?

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He's the owner, yes.

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Or it looks like he's the applicant at least.

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So you can promote him, Jason, so the board can question him.

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Understood.

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good afternoon mr chairman members of the board hi please identify yourself with the records by

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your first and last name my name is brendan olkus b-r-e-n-d-a-n last name's olkus o-l-k-u-s

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and you swear to the firm to tell the truth the whole truth nothing but the truth

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i do are you the after have you uh emailed professor i have yes are you the are you the

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applicant i i'm the applicant okay but i'm sorry what's your relationship yep do you own the

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property oh no at least the property okay mr okus i'm not seeing a deed or a lease in your exhibit

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packet. Did you submit them once? I thought I did. I'm sorry. I'll check again. Let me be sure. Okay.

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If not, I have it here. I maybe just didn't wind up enough. Okay.

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I'm sorry about that. That's fine. I have everything else, so you can go ahead. Professor,

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Sir, have you met with the RCO and have a letter?

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I have, yes.

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And the documents that you emailed, you emailed them five days prior to this hearing?

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Yes, sir.

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Thank you.

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Please proceed.

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um i'm asking for um a non-accessory off-street parking um rezone for the for a lot at 11 21 to

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11 29 north front street uh the lot is um across the street from my my business which is a bar

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restaurant at front and gerard um and i want you the lot i need to i need to interrupt you said

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yeah 11 21 through 11 29 yeah but it's at it's listed as 11 21 because it's one lot

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okay because it says a lot to through to 11 11 33 i that's a mistake that's 11 29 okay yeah thank

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you um we uh i i wanted to um just use it for uh off street parking for my employees and

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my staff and myself we've been closed since march um and i have no idea when we'll open again

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but if and when we do survive if we survive the pandemic uh i want to have uh i wanted to have

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parking for my uh my staff to relieve the neighborhood of the parking congestion um we

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were given the support of the fna um zoning committee uh rco and also the uh the fishtown

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bid RCO. And yeah, any photographs you can share with us? Yes. Yeah, let me. Yeah, we'll move quickly. I just want to see some of the photographs.

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This is, well, here's the floor plan. Let me pull that up and then share. All right. Share screen. Okay. This is the floor plan.

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Okay, if you can see on the left-hand side of the floor plan, you have the view looking south.

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There's already a curb cut that's existed there for a long time.

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It's pretty cut and dry.

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We agreed to to landscape it according to city planning standards using using the shrubs that city planning suggested.

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Anything that needed to be done in terms of their standards, we agreed to it.

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It's it's it's pretty cut and dry.

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It was a blight lot. It was filled with trash. I cleaned it out. I dug it out. I put gravel down. It'll be cleaned three times a day. We'll have it monitored by our security through the course of the day to make sure that nothing's going on and no one's illegally there.

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It was it was a blight lot. It was filled with trash. I cleaned it out. I dug it out.

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and um yeah okay all right um excuse me this is sharon again um i was unable to find the lease

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in the packet so once this presentation is done if you could just hold the vote while miss britzker

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presents her case and mr okus if you could email it to me then the board could vote

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thank you very much okay all right uh let's go forward any questions from the board

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

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so chair there's a kevin eisenberg who i will allow to speak now

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thank you mr eisenberg please identify yourself with the records by your last name and provide

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us with your address hi my name is kevin eisenberg i-s-e-n-b-e-r-g

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and i'm the owner of 1121 north lee street okay you swear and affirm to tell the truth the whole

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truth nothing but the truth yes please proceed um i just wanted to note several things um

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on this drawing lee street is only six feet six inches wide

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also there's there's no entrance or exit on lee street it's it's going to be it's going to be

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closed off the only entrance or exit is on north front so at least also that these pictures are

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very old um there's a six-story condo um unit that is next door to it and he has it listed as

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a vacant lot uh no that's not true the adjacent the lot next to it is actually a vacant lot

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the lot the second lot over is there's a six-story condo being built so that's that's not true

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yes and also that this lot has been used over the past what year two years um three years

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and it's been used as a parking lot and storage for his trash and it's

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you guys are talking over each other hold on mr holkus that it is used by the nuisance bar

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down the block it is usually unregulated there is um constantly drinking going on

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and parties going on in the lot by the uh customers of the said saint bar which is

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almost a half a block away um there were several other residents how do you know they're coming

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from this okay so are you are you sworn in because mr okis mr okis so yeah sorry how do

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you know they're coming from mr olcus establishment i'm not sure but the sign is for um for the lot

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that's usually posted out front is saint parking only and you're suggesting that people leave mr

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olcus establishment and walk a block or two to go drink outside it is not a block it is a half a

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block oh so i thought i heard you say a block no if it was two blocks away i don't know why would

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they would want to use it and store their trash i i understand i misspoke i thought i heard you

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say two blocks okay um yeah and anything else that um they keep a dumpster there and the dumpster is

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usually emptied around three to four in the morning and it's full of glass and it wakes up

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the whole block there were several other people logged in waiting for the meeting it looks like

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i was the only one that uh stayed on mr olcus do you have a trash of container there

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you have to unmute yourself

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unmute yourself

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yes we we had we had trash removal there when we were open i can't afford it anymore because

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well i mean that's however we do have a permit and a tag on it um and that's the first thing

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the second thing is is that um this gentleman referred to us as a nuisance bar uh first firstly

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let me say that you can, I'm on the PDAC board. I mean, I'm on, I'm a member of the PDAC at the

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26th. We have seven or eight yearly letters or certificates of thank you from, from the, the

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26th for community participation. We have support from Councilman Spill's office. We're not a

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nuisance board. I don't know where that would come from. So if you were under oath and accused

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me of that. I mean, I think that you should probably check that out before you make a statement like that.

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All right. I mean, I think that you should probably check that out before you make a statement like that, because that's an actual thing.

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All right. Thank you.

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We are we are we have we had our RCO meeting. We had people speak on our behalf, our behalf.

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The police department would speak on our behalf. We're OK.

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We are. I don't know what's going on over there for the past nine months because I've not been there and I can't use it.

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so and and and i can't stop people from you know they took they took my barriers down

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and park in there i can't stop anyone from doing that because i'm not there

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um and i don't have access to it so okay understood thank you anyone else wish to

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testify in this case if so please raise your hand

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there are no hands thank you planning commission

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good afternoon brian wendrick city planning commission staff this property is indicated

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for commercial residential mixed use on the comprehensive plan therefore we have no objection

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to the granting of these variances to support the neighboring businesses so long as the parking lot

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landscaping requirements are met. Thank you. MI 2020-000973. 1121-29 North Front Street. My vote

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is yes. Excuse me, Chair. You were going to hold this until after Rachel's case. Oh, I'm sorry.

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Okay. Thank you. All right. Mr. Alkus, you have to unmute yourself.

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I'm going to email the lease over to you. Okay. Then we'll vote it once we get that. Thank you.

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Thank you, sir. Thank you. All right. We're going to go to the add-on. I don't have a calendar number

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for 327 North Front. Tanya.

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um hi chair um yeah we have a calendar um yes sorry i'm doing 20 things

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um calendar number mi 2020 002263 327 north front street thank you and jason you can promote

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ms pritzker and good afternoon ms pritzker you're still under oath from earlier today

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for this afternoon or whenever it was

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good afternoon please identify yourself with the record and as i said you're still under oath

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okay rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street suite 1600 philadelphia pa

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19103 thank you please uh confessor

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is this an atom was this her before um no this is a case that i i missed putting on the list for

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today so she's going to go forward as a regular case okay great uh you agree to waive the reading

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of its refusal and stipulate to its accuracy yes also have you emailed an exhibit packet with the

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required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral

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folders and plans five days prior to this hearing? Yes. Also, have you met with the RCO and have a

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letter? Yes. Thank you. Please proceed. Can you promote Rustin Oler? He is the architect for this

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matter and he'll be providing the plans. While he does that, while you promote him, I'll just

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share my screen and go through the refusal. This is 327 North Front Street. We are asking to build

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a single family dwelling with two interior parking spaces covered balconies at the second

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through fourth floors and a roof deck access by a pilot house. We are providing a solar structure

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on this building. It will be completely solar powered as the owner of the property. That's

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the line of business he's in. We were refused for open area, although I do believe this was

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an error. The lot is shorter than 45 feet in depth, so lots that are shorter than 45 feet

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in depth as per RM1, which this lot is zoned, are not subject to the same open area requirements.

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We do agree to the refusal as far as the maximum height is concerned. We have a refusal. RM1 allows

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for 38 feet and we're providing 51 feet 10 inches so um again that's to uh utilize the

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solar structure and i'll have roll um rust and oler go in and share the plans

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hi everybody hi please identify yourself with the record spell your name and i'll swear you in

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yeah rustin oler last name o-h-l-e-r uh harman deutsch oler architecture address is 1225 north

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7th street philadelphia pa thank you swear and affirm to tell the truth the whole truth nothing

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about the truth i do thank you please proceed yeah i'm going to share my screen

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um so yes can everybody see that before yes yes so as rachel mentioned uh we're 327 and 29 north

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front street um this is a unique uh block of philadelphia between front street and water street

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um as you'll see what i go through here uh every building on the entire

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block face here goes from street to street, occupies 100% of the property,

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and is a series of single-family homes and mixed-use multi-family properties.

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We are proposing a single-family dwelling. It's about 3,800 square feet.

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You can look at the, we did two context plans, so if you can look at the top of the page,

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you can see basically highlighted in yellow all the properties that are occupying 100% a lot

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the entire block from vine street through to callahill street here and then we did a height

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comparison because we are asking for height variance there is about a story difference

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between front street and water street water street is lower as we're on a hill here you

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the one water street apartments which is like 175 feet which is an extreme case and then the rest of

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the block um are over 35 feet and as you can see we are either in line um or lower than the other

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properties here on on that block uh you can see the height difference here uh in yellow as well

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um so it's basically just a single family home it's about 3 800 square feet um there's a series

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of garages on water street um which are in the pictures on the first page um almost all the

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properties have a garage accessed off of water street um which is the kind of the rear and then

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front street is the primary entrance for the majority of the buildings on this block so we

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have a two car garage access through one curb cut off water street um living room at the second floor

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