civus
Hearing video

ZBA Hearing - July 28, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20213h 38m

and nothing but the truth?

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Yes, I do.

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Thank you.

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Hi, Rachel, did you hear my testimony now

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regarding your request for variance for body art?

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Yes, I have.

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Do you adopt that as your own?

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I do.

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Do you have anything you'd like to add to the board?

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I do not.

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All right, thank you.

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That's all I have unless there's any questions.

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Does the board have any questions?

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No.

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No.

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Planning Commission.

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Good afternoon, David Fecto, City Planning Commission, Madam Chair, members of the Board.

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The comprehensive plan recommends this property for industrial and residential mixed use.

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We believe that the proposal for body art services is compatible with the goals of the IRMX zoning district and will not alter the character of the block.

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We recommend that the Board grant the requested variance.

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Thank you.

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calendar number one six seven eight 26 20. Madam Chair I apologize that's okay community

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oh yes is anyone in the virtual community who would like to speak

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this time Madam Chair wait wait a hand just went up to Mike Chambers I will allow him to speak at

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this time. Hello. Yes. Can you put your name and address on the record, sir? My name is

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Michael Chambers. That's M-I-C-H-A-E-L-C-H-A-M-B-E-R-S. Address is 2580 Frankfort Avenue.

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uh philadelphia 19125 do you swear for him to tell the whole truth and nothing but the truth

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i do okay you may proceed um i just wanted to um i i own a tattoo studio uh just a number of

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blocks away from the location that she's uh that rachel is zoning and i just wanted to

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just speak up in full support of her um being zoned and moving in there and i've been in thank you

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thanks mike thank you calendar number 1678 2628 martha street

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my name is carol tenere and my vote is yes professor plaza my vote is yes

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James Snell, my vote is yes.

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Thomas Holliman, my vote is yes.

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Good luck.

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Calendar number 0632-3919 Ridge Avenue.

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Alan Nockmson is the attorney.

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tanya are these two cases combined he's the next one as well

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let me see they're two different blocks both on ridge avenue yeah it might be

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Hi, Mr. Nockamson.

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I'm not sure where he is.

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Oh, there he is.

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Hi, are these two cases combined, 3919 Ridge and 3883 Ridge?

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No, it just happens that we have two matters separately.

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Okay.

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A block away from each other.

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I know, I noticed that.

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Can you put your name and address on the record and spell your last name?

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Yes, Alan Nockamson.

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knockamson and it's nancy o ch u m s o n one two three south broad street suite 1600 philadelphia

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pa 19109 you agree to wait the reading of the refusal and stipulate to its accuracy

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i do have you emailed the exhibit packet with proof of ownership tax compliance refusal or

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referral photos under plans of the property five days in advance of this hearing and have you met

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with the RCO and do you have a letter?

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Yes, we have a letter of support from the Ross Civic Association, as well as a letter and a letter of support from Council Member Curtis Jones, Jr.

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Yes, we have a letter of support

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from the Ross Civic Association

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as well as a letter.

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Okay, great. You may proceed.

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Okay, may I share my screen?

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Yes, you may.

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All right, so you'll see this is the rendering of the property. I think we're very proud, at least today, with what our properties are going to look like.

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I think every property that we have shown the board and will show the board shows great care by our clients to, like, enhance the architecture in Philadelphia.

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So, similar to the other projects, this one's a very handsome brick facade.

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This is an RSA 5 property, but I believe RSA 5 in name only.

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In 2019, I presented 3915 Ridge Avenue under similar circumstances where we proposed to have a seven residential units and one commercial unit, which this board granted.

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And here we're only seeking six residential units.

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So in my presentation packet, you'll see deed to the property, certificate of tax clearance, notice of refusal, application for appeal, maps of the area, photographs of the property in the surrounding area, plans and drawings, and a letter of support from RAA Civic Association and a letter of support from Council Member Curtis Jones Jr.

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Can you scroll to the photographs?

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Oh, yes, yes. D to property showing 3919 Ridge LLC is the owner of the property. Certificate of tax clearance showing where good standing. Again, no dimensional refusals. We're here simply because this is an RSA 5 property.

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This is a 2,650 square foot property, a lot size at least.

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And if this was an arm one property,

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which it probably should be,

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it would be allowed as a right application for appeal.

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Maps of the area.

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Again, we're on Ridge Avenue

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between Allegheny and Clearfield.

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Photographs, this is the current condition of the property.

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Ridge Avenue to the right of the property,

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ridge avenue to the left of the property and again this is what it will hopefully look like

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if this board approves our proposal most importantly this is built on a slab which

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means we will not have any basement use we have specifically delineated where they go let me make

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this little uh bigger but the garbage is stored in the rear and because of the pass-through

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to the left of the property where someone can go from front to back there will be adequate

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storage of trash as well as disposal of trash for all units each of the floors will have two

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residential units and here's our letter of support overwhelming support from raw civic

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association and a letter of support from council member curtis jones jr with me i have david ross

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the member of 3919 ridge llc who will adopt my testimony

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mr ross

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Mr. Ross, if you can virtually raise your hand

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Hello, my name is David Ross

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And your address, please

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2509 East Norris Street

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philadelphia pa 19125 do you swear if i'm to tell the whole truth and nothing but the truth

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yes you may proceed mr ross you heard everything i stated today yes is it true and correct

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yes and do you adopt as your own testimony yes all right thank you my understanding is there

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may even be some community members uh in support of this project as well in the audience is there

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anyone in the virtual audience who would like to speak, please raise your hand.

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Alan, most of the support is from the townhome project, which we're presenting next.

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Okay, gotcha. So I'm incorrect. There is no one in the virtual audience for this project.

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For the next one. Okay, planning commission. Does the board have any questions? No.

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no okay mr effecto thank you very much madam chair members of the board david effectos city planning commission

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Thank you very much, Madam Chair, members of the board, David Vecto, City Planning Commission.

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The comprehensive plan recommends this property for multifamily residential use.

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This would allow five units by right.

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There is documented history of other multifamily buildings on the 3900 block of Ridge Avenue,

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and we believe a six-unit building will not alter the essential character of the block.

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We recommend that the board grant the requested variance.

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calendar number 1623 3883 rich avenue

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is that the right now that's the wrong case calendar number 0 6 3 2 39 19 rich avenue

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this is carol tenere my vote is yes sir plaza my vote is yes james snell my vote is yes

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Thomas Holloman, my vote is yes.

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Calendar number 1623, 3883 Ridge Avenue.

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Mr. Nockmson, name and address.

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Yes, Alan Nockmson, Nockmson, N-O-C-H-U-M-S-O-N, address 123, South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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you're already under oath do you agree to leave the reading of the refusal and stipulate to its

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accuracy i do have you emailed the exhibit packet with proof of ownership tax compliance refusal

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referral photos under plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter uh yes i actually we have a letter of support from raw

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civic association as well as a letter of support from district council member curtis jones jr

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for this project as well okay great you may proceed yes so i don't forget uh this does have

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revised plans which i i did give to miss saletta earlier today so if if this board does elect to

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grant the variance i would ask for a proviso with revised plans how many pages just one

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Okay, great. You may proceed.

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Thank you.

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Hi. This project is on the 3800 block of Ridge Avenue.

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What we propose to do with this ICMX property is to put a 22 unit townhome community.

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So 22 single-family homes, each having parking by way of a garage and a common drive aisle, as well as 22 bicycle spaces as well.

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This project, we've worked hard over the past few years with the community.

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Originally, we're thinking something different, more of an apartment building, given the fact that this is of a substantial size of almost of over 22,000 square feet.

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But in the end, we agreed with the community that this should, you know, this is a single, this is a residential neighborhood.

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This, you know, the multifamily, as you see, is not large, and it's more appropriate here to have a single family usage.

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uh you'll see the you know in my packet of materials the agreement of sale the certificate

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of tax clearance the notice of refusal application for appeal maps of the area photographs of the

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property as well as the surrounding area architectural plans and drawings and most

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importantly the letter of support from raw civic association and a letter of support from council

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member curtis jones jr i'm just going to make this slightly smaller so you can see the full page

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or agreement of sale showing that 3883 Ridge Avenue LLC

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is under contract to purchase this property

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subject to obviously zoning approval.

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Let me just get through that quickly.

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Tax clearance certificates showing no taxes are owed on the property.

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Notice of refusal.

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So this is again an ICMX property of almost over a little over

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22,000 square feet. Again, just to reiterate, we are doing 22 townhomes, which 11 of the townhomes

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will be on the Ridge Avenue side. 11 will be on the North 35th Street side with the drive aisle

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in the middle. These are our refusals. The first is multifamily household living is not permitted

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in ICMX district. Again, because this is going to be a PUD, it's considered a multifamily,

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but it's really not it's really single family second refusal is the balconies are not permitted

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in ICMX zoning district as part of our revised plans we actually eliminated the balcony so that

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refusal will no longer be in effect the third refusal has to do with the minimum number of

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accessible spaces once required zeros proposed again each of the townhomes will have a parking

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space. Third, refusal has to do with the minimum rear yard depth because we have work.

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A third refusal has to do with the minimum rear yard depth because we have we're facing all these public streets.

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It's more of a technical refusal of three feet where really you'll see with the open area and everything where we have a huge amount of open area and rear yard depth for all of the actual townhomes.

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A fourth refusal has to do with the requirement for electric car vehicles.

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Again, each of the townhomes have, like, their own parking space, and the fifth refusal has to do with the number of off-street loading spaces where three is required and zero is proposed.

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Application for appeal that we filed with the ZBA, along with the notice refusal and the project information form.

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Maps of the area.

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So, as you can see, we're on Clearfield.

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we also are on the corner of north 35th street and ridge it's a regular shaped property even

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though this is icmx as you can see we are surrounded by yellow rsa5 really this is a

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residential neighborhood in nature photographs of the property again this is what the property is

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It's not currently being used from West Clearfield, from North 35th, Ridge Avenue to the right of the property, Ridge Avenue to the left of the property, West Clearfield to the right.

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As you can see, this is when we start getting into the residential component of the neighborhood.

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West Clearfield to the left of the property, North 35th Street to the right of the property, North 35th Street to the left of the property.

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Our plans and drawings. So again, our first page is the revised proviso plan form that I completed, signed three changes, five foot setback from West Clearfield Street along North 35th Street in order to accommodate a sewer line.

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The second change in the plans, and this is on Z2, is the reduction from a 20-foot-wide drive aisle to a 20-foot drive aisle. Our understanding is that the zoning code has changed to allow for such a drive aisle of that width.

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And then the third refusal is the elimination of the balconies, which I previously stated.

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Behind the completed form is the stamped drawing of Z2, which we would be accepted by the zoning board in the form of a proviso.

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Again, the five-foot setback is right here.

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That was referenced in the proviso plan form.

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The drive aisle is 20 feet right here.

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and then this is just a view of the property from 35th street a view of the property or the

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townhomes from ridge and then just go

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i don't think there's anything of necessity and here's just a site plan just showing

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that you know the townhomes on 35th street and the townhomes facing on bridge and then

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the drive aisle for people to get in and out you know you know of their garages there's two separate

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floor plans for this project depending on if you're on ridge avenue townhome or if you're on the

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north 35th street townhome the ridge avenue townhomes i believe are the four-story townhomes

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So the way the properties slope, you actually get into the garage from the cellar area where there would be a foyer and a den to go up a flight of steps.

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But to actually get into the townhome from Ridge, you would go up a flight of steps, you go into an open floor plan, living room, dining room, kitchen, up a flight of steps to two bedrooms, washer, dryer, and a bathroom, and then go up another flight of steps where you have the master bedroom with a green roof and just a roof deck.

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If you're going on the 35th Street side, that's at grade, you would go into the garage. You would actually be able to go up a flight of steps to go in the front on North 35th Street, where, again, it would be a foyer area with a half bath.

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Go up another flight of steps, open floor plans, go up to the third floor, sec, two bedrooms, washer, dryer, bathroom, and then up another flight of steps to the master bedroom and the master bedroom and then another roof deck.

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And here's our letter of support from the community. As you can see, they were overwhelmingly in support of this project.

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uh from the community as you can see they were overwhelmingly in support of this project

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as well as a letter of support from the district council member with that being said um i would

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like to uh have mr ross adopt our my testimony again my understanding is there are members of

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the community who would like to voice their support of this project and then we would like

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to take any questions the board may have for us so mr ross can you virtually raise your hand

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Mr Ross, can you put your name and address on the record again?

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David Ross, 2509 East Norris Street, Philadelphia PA, 125.

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Do you swear for him to tell the whole truth and nothing but the truth?

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Yes.

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Okay, Mr. Nockramson?

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Yes, Mr. Ross, you heard everything I stated today.

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Yes.

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And is it true and correct?

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um with some minor grievances about details mostly correct we do have 12 townhomes on ridge

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10 and 35th and that's very 35th street ones are the ones that appear to be four stories

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