civus
Hearing video

ZBA Hearing - December 14, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 14, 20224h 42m

Thank you.

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Ishmael, are you under Ms. Sunketh's name?

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Is Ishmael Logan under Ms. Sunketh's name?

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Yes.

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He is.

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That could be the case.

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Can you?

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Okay.

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Yes, Pauline.

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okay chair it looks like we have 29 attendees we can we can start when you wish great thank you

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good morning my name is bill bergman and i will be chairing this morning's dba hearings

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with me is ismail shaheed our board secretary

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he's here i just heard it mr chairman thank you thomas hallman our board member

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Thomas, and James Snell, our board member.

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Present, Mr. Chairman.

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Also present is our board attorney, Hillary Emerson, and also our ZBA hearing administrator

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today is Karima Quintana.

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Before we begin, here's our virtual format.

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Be advised if the proceedings are being recorded by participating in a knowledge agreement to be recorded.

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A video will be available by contacting TanyaSunkett at phillip.gov.

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For the benefit of our stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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

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To enter an appearance statement, call 267-270-5548. Leave your email address and the

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address of the property in question. And finally, the question answer box on the screen is not for

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comments or testimony. Any comments have to be directed to our executive director, Tanya Sunken.

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Let's look at our continuances on today's list.

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number one m i 2022 003 932 25 23 52 north 22nd street this case is continued number two

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m i 2022 003 865 excuse me mr chair this is hillary what what was the address in the last

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one i thought i heard you say 23 52 23 52 north 22nd 29th street 29th 29th okay thank you

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number two mi 2022 003 865 4063 holland street that case is continued number three mi 2022

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003-935-2627 West Oakford Street. This case is continued. Number four, MI 2022-003-989-2851

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Bodine Street. That case is continued. Number seven, MI 2021-002-828-6516-20

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Upland Street. That case is continued. Number eight, MI 2022-004-033-2235 Cecil B. Moore Avenue.

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that case is continued and number 12 MI 2022 004 477 2623 orthodox street that case is continued

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that's the first listing is there anyone have any comments relative to the cases i just called

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for continuation. Good morning, Chair. This is Fatina L. We have Raymond Dorizio. Okay.

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Good morning, Mr. Chairman. Could you state your name and spell for the court reporter, please?

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

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Mr. Dorizio?

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Mr. Dorizio, please unmute us now.

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Yes, sorry.

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

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Yes, Raymond Dorizio, D-O-R-I-Z-I-O.

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

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Yes, I do.

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What case, sir?

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So I just wanted to confirm it's a 2627 West Oxford Street, and I believe it's a continuance,

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but I think I heard Oakford, and I just wanted to confirm that it was actually Oxford.

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If I did, I mispronounced it.

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Oh, no problem.

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It's Oxford Street.

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Okay.

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Okay.

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I just wanted to confirm.

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Thank you so much.

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Sorry.

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You're at Oxford Street.

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Thank you.

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Have a good day.

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Okay.

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Anyone else have any comments?

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I see no hands, Chair.

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Are there any other requests for continuances?

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Chair, we have Vern Anastasio.

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Good morning, Vern.

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

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Good morning, Mr. Chair.

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Vern Anastasio, A-N-A-S-T-A-S-I-O.

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Right.

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

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I do.

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What case?

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4063 Howland

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we do have to go back to the RCO on this one

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4063

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does anybody see a number on that

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that's number two Mr. Chair we didn't continue that case

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we continued that already oh thank you very much

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yeah sure sure any other requests for continuance

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yes chair we have jeffrey young

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good morning mr young could you state your name and spell for the court reporter please

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uh yes good morning my name is jeffrey young uh j-e-f-f-e-r-y-y-o-u-n-g right do you swear

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for him to tell the truth the whole truth and nothing but the truth yes and is that case

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5900 Pulaski?

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Yes, sir. We're asking for

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a continuance on this

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matter to continue the dialogue

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with the near neighbors.

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Thank you. MI

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2022

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003 966

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5900 Pulaski Avenue.

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That case is continued. Thank you.

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Any other requests

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for continuance?

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I see no, yes, Chair.

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I have a few cases that we

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don't have exhibits mi 2022-005-303-4140 poplar street mr young is the attorney no exhibits first

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listing mr young mr young you can amuse yourself yes good morning um you've already been sworn

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jeffrey uh we have no exhibits for this case yes we're also asking for a continuous on this matter

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uh we've met with the rco um they've asked for some design changes in our um uh development

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and so we're working on those design changes all right thank you so number nine mi 2022 005 303

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4140 Poplar Street, that case is continued. Case number 13, MI 2022-004-030-9311

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Voight's Lane. We have no exhibits for that.

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Ved Patel is the owner.

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i see no handshare okay so that's the first listing mi 2022 004 030 93 11 volts lane that

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case is continued excuse me chair we have someone with the last name patel yes that's his name

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yep i'm mr patel could you mr patel could you state your name and spell for the court reporter

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please yes my name is barad hotel b-h-a-r-a-t hotel so i'm the protestant all right okay okay so

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you swear for him to tell the truth the whole truth nothing but the truth

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yes sir okay so are you the owner of the property no i'm the i'm the protestant i'm right next to

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his property. Okay. Thank you. This case is going to be continued. Okay. Okay. Thank you, sir.

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Okay, thank you, sir.

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All right. So MI 2022-004.

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All right, so MI 2022-004-030-9311 Volts Lane, the cases continue.

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And number 14, MI 2022-003-948-5017 Walnut Street, no exhibits, first listing, Andrea Tillman.

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I see no hands share.

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Okay, so MI-2022-003-948-5017 Walnut Street, that case is continued.

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We're going to go to our add-on list.

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Number one, MI-2022-003-770-3920 North 17th Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Number two is MI 2021-002-095-4319-Rawne Street.

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This vote will be next Wednesday at 930.

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Number three, MI 2022-003-393-2612-North 17th Street.

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I vote yes with proviso.

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Maximum two units, interior storage of trash and recycling, use of basement limited to trash storage and mechanicals, rooftop access limited to mechanical use.

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thomas holloman my vote is yes with provisos james snell my vote is yes with provisos

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ishmael shaheed my vote is yes with provisos number four and mr chair this is mr chair this

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is hillary i i just wanted to note on that that last case we had held it um for a month for

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feedback from two of the affected rcos yeah um we received one letter in opposition from

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swamp poodle a neighborhood parcels association um that letter also included um proviso should

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the board be inclined to grant in this matter i just want to note that for the record thank you

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Okay, thank you.

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Number four, MI 2022-002-678-1330 East Burke Street, I vote no.

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Thomas Holloman, my vote is no.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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okay um okay moving to our regular list

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number five mi 2022 003 987 3844 fairmount avenue henry clinton is the attorney

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letter of support from the Drexel Area Property Association letter of support from the Mantua

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Civic Association. Morning Mr. Chairman members of the board. Morning. Hi Mr. Clinton could you

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state your name please and spell for the court reporter? Henry Clinton C-L-I-N-T-O-N. All right

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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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Our secretary has a few questions for you.

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Yes.

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Do you agree to waive the reader under refusal and stipulate to his accuracy?

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I do.

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Have you mailed all the information in that was required within five days of this hearing?

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Yes, I have.

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All right, please move forward and share your screen.

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Thank you, Mr. He.

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Mr. Chairman, is that visible?

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It is, it is.

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

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Henry Clinton for AHM Properties, LLC,

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the principal of which is Leffler, L-E-F-T-E-R,

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Dima, D-H-I-M-A, who is on the call with me.

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This is my presentation package containing Exhibits A1 through A11, which I ask to be admitted into the record.

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This is my presentation package containing exhibits A1 through

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I'll go right to the refusal.

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This is a current vacant lot, Mr. Chairman.

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It's been vacant for a while, and the proposal is for a three-family dwelling.

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Adjacent to this property at 3842 is a recently approved four-family dwelling, which the board voted on and approved in October of this past year.

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So we're asking for one less unit than what has been previously approved very recently.

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This is an RSA 5 zoning district.

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Our request is for a three-family dwelling.

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We have three refusals.

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We've managed to eliminate the third refusal by pushing the front of the house back in

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context with the other homes on the block.

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So this refusal goes away, the minimum front setback refusal.

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The occupied area is a de minimis issue.

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It's a 6% variation from the code.

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So the single issue that we see before the board today is one of use.

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As the chairman mentioned, we have letters of support from the Manchewa Civic Association,

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an overwhelming support of 10 to zero.

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And we also have a letter of support from the Drexel Area Property Association.

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photographs of the street looking south towards center city there's a number of vacant lots on

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both the south side as well as the north side so the neighborhood group basically sees this as an

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opportunity for some infill and perhaps that will spur other development on the block as i said this

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is our property right here 3844 the previously approved quadplex is to the the east at 3842

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and at 3836 there's also a triplex which I'll show you a photograph of that. I also have zoning plans

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to substantiate the approval of 3842. This is a photograph on Fairmount Avenue. We're looking

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east on Fairmount. Again just showing you the number of vacant lots on the on the property.

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Our lot is is in between. There's two vacant lots to the west one to the east

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and our property is situated in between again just another contextual photograph

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this is 3836 indication it's a triplex of three meters and one common meter for the common space

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our zoning notices we do have a proviso sheet with one plan

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one page of the plan if the board looks kindly upon this application

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So I just wanted to show the board the site plan. Basically, it's a very, very large lot. It's 90 feet deep. We have a large rear yard, 11 feet. Actually, our rear yard is larger than the approved quadplex next door.

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We also have set the front back 14 feet, six inches in context with the other properties on the block.

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And I can show you some of those properties.

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Basically have three units.

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Basement of first floor is one unit.

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Second floor is another unit with two bedrooms.

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Third floor is another unit.

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There is no rooftop deck.

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