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Hearing video

ZBA Hearing - November 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20226h 28m

The final photograph is a view roughly from North College Avenue.

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The board can take note of the existing apartment complex that is on the

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opposing side of Ridge Avenue. Now the proposal for 2016 Ridge Avenue is for a four-story building

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containing ground floor commercial use with 17 dwelling units. This proposal received refusals

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for rear yard, occupied area, height, and density. I'll address the rear yard and open area and will

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then address height and density in a few moments. As the board can see, this particular lot is not

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only unusually shaped, but it comes to a sharp point right at that master ridge intersection.

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Because of this condition, the usable area of the lot is considerably less than a lot that has a

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more traditional square or rectangular shape. It is directly because of this unusual lot shape

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that the insufficient rear yard and open area exist. The building was designed to maximize

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usable space as efficiently as possible in light of the challenges stemming from the shape.

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I'll move on to 2000 Ridge Avenue and we'll then touch on height and density,

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which applies to both proposals equally. At 2000 Ridge Avenue, the proposal is for a five-story

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building with ground floor commercial use, 40 residential units, and five parking spaces in

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the rear of the building. In addition to height and density, 2000 Ridge Avenue also received a

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refusal for parking, which again, like 2414 Nassau Street, is prohibited because it is accessed from

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a side street. Our argument is identical to the justification that we provided for 2414 Nassau

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Street, which again focuses on the comprehensive plan, the intent of the code, and the overall

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goals of the project. So I will refer the board directly back to my full argument given at 2414

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Nassau Street, which applies equally to the proposal here. The parking area here is also

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shielded by a six foot high shadow box fence and landscaping to further mitigate any noise or light.

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Now to address the height and density and while I do that I will bring up some renderings

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of these proposals. For 2016 Ridge Avenue the height is proposed at just over 53 feet.

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For 2000 Ridge Avenue the height is proposed at 64 and a half feet. The permitted number

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of dwelling units for 2016 Ridge Avenue is nine units, where 17 total are proposed,

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and the permitted number of dwelling units at 2000 Ridge Avenue is 28, where 40 are proposed.

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Now both of these buildings have been designed in conjunction with the goals of the Transformation

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Plan and the Lower North District Plan, which encourages higher density,

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taller mixed-use buildings along Ridge Avenue. There are other recent developments in close

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proximity to these proposals, which have also received variances for height, such as the PHA

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headquarters and the newly erected building at 2016 Master Street, that are both of comparable

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or greater height to the buildings proposed. Given the orientation of these buildings,

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the height will not negatively impact surrounding structures.

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2016 Ridge Avenue and 2000 Ridge Avenue both sit on a dominant corridor and will act as

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landmark new structures for the Sharswood redevelopment. These proposed densities are

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consistent with the Choice Neighborhoods Initiative Plan for this area and is further consistent with

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the requirements of the relevant funding organizations that do require a certain

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minimum number of units to support the desired affordability metrics for the project.

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These units will also serve the broader goal of seeking to revitalize this commercial corridor

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by providing sufficient density to support the new commercial uses.

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And finally, 1409 North 21st Street.

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Turning to the aerial briefly for context, the board will note that this lot is just west of Ridge Avenue or based on

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The board will note that this lot is just west of Ridge Avenue, or based on this orientation

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on the screen, it would appear north.

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The rectangular lot here makes up roughly half the block and is bordered by North Lambert

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Street, Master Street, and North 21st Street.

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The property is mostly zoned RM1 with a small corner of CMX2 zoning.

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In the photographs, the board will note that this is a vacant lot that's bordered by residential

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uses. For context, you'll also notice the new development in the photograph right across Master

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Street. Now this final proposal is for a four-story residential building with 24 units.

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in the rear and partially covered by the building above is a parking area for 17 vehicles with

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access points on both north 21st street and north lambert street the parking is surrounded by

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landscaped areas and an open patio space we have several refusals here many which are identical to

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earlier projects that we presented today and just for context so the board can see in this rendering

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you can see kind of the orientation of the building and the access to this parking here on

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North 21st Street. Now as I referenced very early on when we did not stipulate to the accuracy of

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this refusal, there are two errors on this refusal. First, the examiner issued a refusal for insufficient

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parking space size, claiming that the minimum width is eight and a half feet where eight foot

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spaces are proposed. This is incorrect because the proposed spaces are compact spaces which are

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permitted to be slightly smaller means examiner misinterpreted a section of the code that restricts

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the number of compact spaces in a large parking garages but would not apply to this lot and in

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fact on one of the other projects an examiner was going to issue a refusal for this and that

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examiner was willing to remove the refusal after explanation. The examiner on this lot was not.

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The second error concerns the rear yard refusal. The code dictates at section 14701.1.2 that for

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properties bounded by three or more streets that rear yards are not required for attached buildings.

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Only lot coverage and open space requirements apply.

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The refusal here clearly identifies that this proposed building is an attached building and

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therefore the rear yard refusal was issued in error and this project does comply with the code.

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As was the case with several earlier projects, 1409 North 21st Street also received a refusal

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for the parking, which is accessed from two side streets. And again, I will refer the board back

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to my arguments contained within 2414 Nassau Street, as well as for 2000 Ridge Avenue for

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complete argument on the hardship stemming from that particular code section. As was the case

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with the other projects, the exposed parking here will be surrounded by landscaping and will be

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shielded by a six-foot-high shadow box fence to mitigate any noise. Most of the parking here

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is actually under the building, which further contributes to no impact stemming from this

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parking. Finally, this proposal also received a refusal for the proposed height of roughly 53

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feet. Now, similar to 2016 and 2000 Ridge Avenue, this building was designed in conjunction with

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the overall goals of the Transformation Plan and the Lower North District Plan, which encourages

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high-density tall mixed-use buildings in prominent locations. In close proximity to this is the

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aforementioned PHA headquarters and the new building at 2016 Master Street just across the

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street. Given the orientation of this building, this height will not pose any negative impact

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to surrounding structures. I'm very pleased to report that this concludes our presentation on

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this property uh and overall unless the board has any further questions and i would imagine

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it would be helpful at this time to have our client adopt all of our testimony why don't we

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to have our client adopt all of our testimony.

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Why don't we have your client adopt your testimony?

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have your client

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Sure.

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If the administrator could look for Lindsay Samsey.

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Ms. Samsey, please unmute yourself.

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You're free to speak.

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Hi, could you state your name and spell for the court reporter?

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Ms. Sanzi, you have to unmute yourself.

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Hi, this is Jacob Fisher.

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I'm also from Penrose.

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So, Mr. Fisher, state your name and spell for the court reporter.

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It's Jacob, J-A-C-O-B, Fisher, F-I-S-H-E-R.

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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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Proceed, counsel.

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Hi, Jacob.

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Could you identify your position with Penrose?

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Sure. My name is Jacob Fisher, and I am Regional Vice President at Tenrose.

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Thank you. And have you been present and have heard all of the testimony

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that we offered in front of the board today for all seven cases?

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I sure have.

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And would you agree that all of the testimony and evidence offered was accurate,

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and would you adopt it as if it were your own?

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I agree and adopt.

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Thank you very much.

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My questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Yes, Sheriff. We have Nina, last name ending in V-R.

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Okay.

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Hello, good afternoon.

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Hi, could you state your name and spell for the court reporter?

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Sure. My name is Nina Balinski-Ristics. My last name is a doozy, so I'll spell it out.

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First name is Nina N as in Nancy, I-N-A. And then my last name is Belinsky Ristics. It's hyphenated,

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B as in boy, I-L-Y-N as in Nancy, S-K-Y, and then a hyphen. And then Ristics, R-I-S as in Sam,

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T as in Tom

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I C S

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Okay. Do you swear or affirm

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the whole truth and nothing but the truth?

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Yes, I do.

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Could you please proceed?

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Thank you, Mr. Chairman.

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I've prepared a written statement

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about

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the requested zoning variances

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so I'll just read from that.

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This statement

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is in reference to proposal

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requests for zoning variances for 2042 to 46 ridge avenue and 1401 to 09 lambert street among others

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in our neighborhood my name is nina balinski rustics and along with my husband i am a homeowner

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and resident at 2029 west master street the back of our property connects to the tract of land on

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Lambert Street and is in view of the rear of the properties on Ridge Avenue that were just

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presented. The purpose of this statement is to offer a resident's perspective about the proposed

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use of land and also to express strong opposition to the requested zoning variances and especially

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the proposed parking lot on the Lambert Street parcel. The residents of the 200 block of West

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Master Street have endured the construction of a five-story PHA housing facility directly outside

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the front doors of our homes for the past two-plus years. We were dumbfounded about the elevation of

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the property at five stories, while most of the existing structures are three stories tall.

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We collectively wondered where the vehicles for those 50-plus units would park when the parking

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facility for that new PHA construction only provided spaces for 12 vehicles. This compounds

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the existing exponential increase in traffic that began when the PHA headquarters was opened on

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Ridge Avenue between Master and Jefferson a couple of years prior. Our immediate neighbors at 2027

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and 2033 Master Street share the sentiment that these monstrous structures overpower the residential

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feel of our neighborhood. We would have been much more amenable to a series of townhomes that

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resemble the existing architecture, similar to buildings that have been erected near 21st and

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Oxford, near the former site of the Sharswood-Blumberg housing project.

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near the former site of the Sharswood-Blumberg housing project towers.

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However, we specifically were never invited to participate in any preliminary discussions pertaining to these decisions.

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We are simply forced to live with the results.

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In a mailing dated October 6, 2022, we were notified of the zoning variance requests for the properties that I mentioned earlier.

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The request is to include commercial space in an area zoned for residential use, a rear deck and egress for one of the second floor apartment units on Ridge Avenue, as well as the construction of a 21-space parking lot on the Lambert Street parcel, despite the fact that the Lambert Street land is zoned for residential use.

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my neighbors and I have yet again been excluded from the decision making process involving these

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properties that are directly adjacent to our homes where we are raising our families

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I want to make it known that I am firmly in opposition to granting any zoning variances

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for any of these projects moreover as a taxpayer and lifelong resident of Philadelphia

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I am vehemently opposed to the construction of a parking lot on the residentially zoned

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Lambert Street Parcel. This opposition stems directly from our concern for the quality of

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life in our community, as well as the health of its residents, including our neighbors, our families,

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and us. When my husband and I purchased our home at 2029 Westmaster Street in July of 2013,

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we wanted a place where we could raise our family, and we anticipated the growth of a familial

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community in Sharswood based on the renewal that we had observed happening throughout the city.

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We befriended our neighbors at 2033 Westmaster Street, a multi-generational household whose

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members have resided in the neighborhood for 50 plus years. They welcomed us to the community and

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we took to setting down roots. Our hopes were to be a part of a vibrant, diverse, and healthy

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neighborhood where people of all different backgrounds could reside and grow together.

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The recent projects that fall under the purview of the Sharswood-Blumberg

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Neighborhood Transformation Initiative have dashed these hopes over and over.

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With the overbuilt looming multi-unit properties cropping us up all around us, we are bracing

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ourselves for the inevitable overcrowding and urban anonymity, the very same forces that made

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the Shardswood Blumberg Towers into a blighted and neglected relic of previous housing initiatives

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gone awry. It is readily apparent that PHA is setting the neighborhood up for the same issues

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that plagued the previous plan for this section of the city, but is not learning any lessons from

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what happened before. We've already seen an exponential rise in traffic in the area since

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PHA relocated its headquarters to the corner of Ridge and Master. If a 21-spot parking lot is

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built on the Lambert Street parcel, the traffic dangers will literally be in our backyards,

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the area where our toddlers currently play. We'll have to contend with erratic drivers,

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air and light pollution, which is already happening, car alarms going off at all hours,

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vehicle break-ins, and whatever other unsavory activities may take place in a secluded parking

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lot at night. All of this will be in view of our one and two-year-old's bedroom windows.

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Who here would decide to purchase a property to raise your family that is directly next to

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a municipal parking lot? This would never happen in Fairmount or Chestnut Hill

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or another more affluent neighborhood. The City of Philadelphia feels entitled to decide the fate

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of its residents for them without including them in the process and telling us that it's too late

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when we try to object. This is happening in Sharswood because the City of Philadelphia

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perceives residents here to be deserving of what they are given. You get what you get and you don't

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get upset. How might the traffic and parking issues be alleviated? Not over building and

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trying to squeeze as many units into as small a geographic area as possible would be a start.

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PHA could offer its employees incentives to use greener forms of transportation

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like SEPTA or Bikeshare. This could be incentivized for current and future residents, too.

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The 61 and the 33 bus routes have stops on every block of Ridge Avenue in this neighborhood,

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and they connect directly to the major transportation hubs in Center City.

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There could be an initiative to promote Bikeshare not only as a means of transportation,

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