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Hearing video

ZBA Hearing - October 4, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 4, 20234h 20m

We would also argue that the number of proposed parking spaces is appropriate and directly related to the number of proposed dwelling units.

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However, the appellant has not shown that complying with the landscaping requirements in the zoning code would create a hardship.

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So the City Planning Commission recommends that the board grant the proposed use variances for parking and residential use, but deny the proposed variance for landscaping.

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Thank you. Mr. Klein, we've had a lot of testimony here.

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We had some documents that we received a little bit later, the news article, et cetera.

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So I'm going to hold this until next week, next Wednesday.

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Hillary, would we vote this at 930?

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Yes, Mr. Chair.

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And one other note, I did not realize this was a CDR matter.

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Mr. Klein, can you please forward the CDR completion letter for our records?

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Yes, certainly.

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Thank you.

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So we'll vote on this next Wednesday at 930.

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Okay.

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Thank you, Mr.

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Thanks to everyone who testified.

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Okay.

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We're going to go to.

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Number two, MI 2023, 002-919-932, New Market Street.

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Alan Nockamson is the attorney.

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Mr. Chair, this is Hillary.

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Mr. Nockamson has asked if we can do his three matters sequentially because he has a time constraint this morning.

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So I believe they are the next few on the list anyway.

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Numbers.

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We're fine.

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We're fine.

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Number eight and number 10 after this one.

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Right.

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So thank you.

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Mr. Nockamson has been promoted.

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Chair members of the board, Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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

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I do.

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Do you identify your client, the relationship to this property?

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Yes.

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For 932 New Market Street, it's David Perez.

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and um our vice chair has a few questions for you good morning counsel do you agree to waive

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the reading of the refusal and stipulate to its accuracy i do have you emailed in all the required

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documents and exhibits that is needed and required to proceed with this case five days in advance of

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this hearing uh yes thank you um please proceed and share your screen thank you and mr knockerson

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before we start i understand we don't have anything from the rco yet they intend to have

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additional meetings? Yeah, well, that was actually going to be my starting point. We actually met.

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All right. Well, you start there. That's fine. Good. All right. I always want to make sure I'm

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careful about these things. So we met with the coordinating RCO earlier this week. Unbeknownst

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to us, they have a two-step process with regards to issuing a letter to the ZBA. We met with them.

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I believe it was favorable, but they have to meet, the zoning committee has to meet with their

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executive committee. And that won't happen until I think next week. We don't want to push any type

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of project through without them going through their due process. So we would ask that I present

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this matter to the board today, hold it for the letter from the community group, and then give

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me an opportunity if necessary to comment about that letter. And then the board can vote at that

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time okay all right thank you very much all right so i am here i don't know what's going on with my

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All right, so I am here. I don't know what's going on with my computer, but here we go. I'm here to present 932 New Market Street. As you can see, we have two separate entrances at 932 Market Street.

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And that's why we're here today, because this is an RSA-5 property my client bought some time ago, thinking it was a two-unit dwelling.

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And it was only once he had to obtain a rental license that he did not understand that it was not a legal two-family dwelling.

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He actually occupies one of the units themselves.

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They're thinking about moving out of the property.

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So that's why they invest the gate-to-gate rental licenses, something they wouldn't need if they were still occupying the property.

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So we're going to review the notice of refusal.

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I have as a placeholder the correspondence from the Northern Liberties Neighbors Association.

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There is no letter yet, but we always have as a placeholder when we submit our materials five days before the hearing date.

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It's not out of character, not only for the property, but for nearby properties to be multifamily in nature, even though there's an RSA 5 classification.

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And I'll show you an example of one.

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Maps of the area, photographs of the property, simple floor plans, our meeting notice showing proof that we met with the community.

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Well, at least there was a notice that was sent out for the community meeting, as well as proof of mailing of that notice.

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or applications for appeal that I filed on behalf of David Perez, the owner of the property,

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the deed to the property showing that Mr. Perez owns the property, and a certificate of tax

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clearance showing that no real estate taxes are due on account to the property. At the conclusion

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of my presentation, I would ask that Mr. Perez virtually raise his hand, be sworn in, and I have

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a few questions for him about my presentation. All right, so notice of refusal. So this is an

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RSA 5 property, we're not changing the building structure in any way. But because we're seeking

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two-family household dwelling, we're being refused for that reason alone.

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And then the correspondence, and like I said, we met with the coordinating RCO and the community

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on October 2nd. I believe that meeting went well. My colleague, Alex Goldberg, presented

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at that meeting. And it sounded like from what he stated to me, we're hoping to get a favorable

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letter of support, but we'll wait and see. And if commentary is necessary by me, I will respond

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in kind. Nearby multifamily dwellings that have an RSA 5 classification. Again, we're 932. So

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the area here, again, we are between, we're basically between 95 and 2nd Street and Poplar

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and Hancock. So we're nestled in there. You can see there's a diversity of zoning classifications

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even nearby, RM1, besides RSA5, CMX2, CMX2.5. So there is different types of zoning classifications

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other than RSA 5 nearby. And then again, just, you know, we want to give a perspective from a map,

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you know, with a map from a Google Maps perspective. And as you can see, we are just

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around the corner from I-95. And then there is some commercial use up here as well on North

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2nd Street. So this density will help support those commercial businesses as well. And then

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photographs of the property. Again, there's two separate entrances. My client, when he purchased

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the property in July of 2017, saw two separate entrances. He's not a developer. He was renting

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out the property unit to help pay for his mortgage. But you can see I got something for

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Cyclomedia dated June 25th of 2017, the month before he purchased the property. So this is a

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matter of public record records on the city's website you can see there were two two different

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doors he all he did was painted doors since then and then this is the uh the proof that we posted

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uh the hearing notice for today's hearing and as you again you can see a closer look there's two

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separate entrances two separate mailboxes and like and then this is new market street to the

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right of the property to the left of the property and then our plans and drawings i mean we can just

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kind of just go through the floor plans but let me just try to do that a little bit

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um but they live in the lower level right so you come in through the right door they're immediately

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in their unit it's an open floor plan and there is a lower level that that they that's just you

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that they that's just you know you know opened and then but if you wanted to go to the other unit

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know you know opened and then but if you wanted to go to

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you would come in from the left-hand door go up a flight of steps and here is the other unit here

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and then that's a what's called three bedroom three bath that they have been renting out

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hold on a second

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all right so just technical difficulties new computer all right so we we have um we met with

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the community again on October 2nd uh the first page is our here our community meeting notice

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we also emailed that meeting notice to the coordinating RCO and all other RCOs as well

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as the district council member zoning aid uh so we have proof of that but it was also mailed to

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110 addresses. These are the addresses they were mailed to. Proof of mailing to those addresses.

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Our application for appeal that I filed on Mr. Perez's behalf, along with the notice of refusal

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and the project information form, our deeds of the property. Again, he purchased it on July 31st

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of 2017. That picture I showed you from Cycle Media is June of 2017. He did not create this

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situation. He obviously wants to legalize this property, but he was shocked as anyone that this

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was not illegal to family dwelling. And then just so you understand, I believe at the community

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meeting, a lot of his neighbors showed up in support of this project as well, because not

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only does he live there, but he's a responsible landlord as well. And then our certificate of

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TAX CLARENT SHOWING THAT MR. PEREZ OWES NO REAL ESTATE TAXES ON THIS PROPERTY.

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WITH THAT BEING SAID, I WOULD ASK THAT MR. PEREZ VIRTUALLY RAISE HIS HAND.

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GOOD MORNING, MR. PEREZ.

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CHAIR, MR. PEREZ IS NOT IN THE AUDIENCE.

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THERE IS NO HAND RAISED.

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OKAY.

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MR. NOCHEMSON, YOU'RE AN OFFICE OF THE COURT, AND WE GLADLY ACCEPT YOUR TESTIMONY.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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No, Chair.

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Questions from our attorney, Hillary Emerson?

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No, Mr. Chair, thank you.

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Questions from the virtual audience?

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There are no hands, Chair.

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Planning Commission, do you want to take a position now or do you want to wait for the RCO?

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Yes, sir. If it's okay, we can take a position. Sure. Thank you. Good morning, Chair and Board

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Members. David Fecta with the City Planning Commission. The comprehensive plan recommends

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no change to the residential single-family zoning at this location. This property appears to have a

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history as a two-unit dwelling, although no record exists in the zoning archive. The City Planning

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Commission recommends that the Board grant the proposed use variance for two dwelling units.

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Laurie, why don't we close this except for a letter from the RCO and give Mr.

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Nockamson a chance to respond if he has to.

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OK, that sounds good, Mr. Chair.

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Thank you.

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All right, Mr. Nockamson, that's what we'll do.

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Then we're going to move on to your second case of the day here.

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number 10

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MI 2023

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002 913

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2912 to 16

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Germantown Avenue

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just state your name

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for the record

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Alan Nockamson

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could you identify your client

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the relationship to this property

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yes

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Philmon Highall

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Hi, all, Michael.

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Okay.

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And I understand we are waiting for an RCO letter.

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Meeting was actually, Mr. Chair, 23 or me.

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Mr. Chair, we did get an email from the coordinating RCO.

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I believe it was late last night.

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We slipped that into our presentation packet and we resubmitted our revised presentation

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materials to the board this morning, which includes that letter of support.

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Sure.

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Okay.

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Our vice chair has just a few questions.

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

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Yes, I do.

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I've emailed all the required documents and exhibits that are needed and required to proceed with this case five days in advance of this hearing.

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Yes, we have.

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Thank you. Please proceed and share your screen.

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All right, so I'm here to present

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2912-16 Germantown Ave.

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2912-16 Germantown Ave. Currently, it's a two-story structure that was most previously used

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as a church. We'll review first during my presentation the notice of refusal. And by

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the way, this is a CMX2 property, which does allow for multifamily dwelling. What we're seeking

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is to eliminate the commercial component.

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Really, there has not been much commercial use

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for this property.

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We've had a church there for some time.

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So we're trying to remove the commercial component

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where it's not out of character

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because you'll see from pictures.

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And we are looking to increase the unit count

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and we'll explain that as well.

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And that's one of our refusables.

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We did receive correspondence

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from 12th and Cambria Advisory Board last night.

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And we included that in our presentation packet.

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In addition, my client made a concerted effort to meet with as many nearby neighbors as possible,

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and you'll see the petition that was circulated and signatures in support of this project.

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We'll review maps of the area, photographs of the property, our plans and drawings,

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our RCO meeting notice, along with proof of mailing of that notice,

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our application for appeal that we filed on behalf of two key properties,

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Investment Groups, Inc., the owner of the property, or deed to the property, showing that two key properties is the owner of the property, and the Certificate of Tax Clearance, showing that they owe no real estate taxes to the city with regards to this property.

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At the conclusion of my presentation, I would ask that Philmon virtually raise his hand, be sworn in, and then, again, I'll have a few questions for him about this project.

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So this is our notice of refusal. Again, it's a CMX2 property. We're looking to do 19 dwelling units in this 3,330 square foot lot built lot.

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And essentially it's this. We're looking to do all studio apartments. There is a desperate need in this community for studio apartments, which are affordable.

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Philmont's business model is affordable housing. And he's working with a group called Women of Excellence, Inc., who's in the neighborhood.

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So he's been working with this group on properties outside of this neighborhood.

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Um, so he's been working with them in the different parts of the city, providing such

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affordable housing, you know, again, because of the need in this neighborhood, he purchased

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this property with the hope that he can get a variance to provide studio apartments to

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both younger and elderly people who need that, because there's really not a market in this

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