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Hearing video

ZBA Hearing - July 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20216h 15m

Please unmute yourself and please wait for the chair.

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Good afternoon, Mr. Ginsberg.

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Please identify yourself with the record, spell your full name, and I'll square you in.

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Good morning, Chairman.

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Good morning, Chairman.

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Lionel Artem Ginsberg, L-I-O-N-E-L, last name A-R-T-O-M, hyphen G-I-N-Z-B-U-R-G.

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Lionel Artem Ginsberg, LION.

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My work address is 834 Chestnut Street, Suite 206, Philadelphia, PA, 19107.

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I'm an attorney for interested parties on the 760 South 18th Street, and we wish to bring to the board's attention...

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Excuse me, one minute, sir. I need to swear. You swear a firm to tell the truth.

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Whole truth, nothing but the truth.

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I do. I would ask that the testimony not be taken today.

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It has been thoroughly documented in the zoning board that the requirements of 14-303 regarding posting of notice signs has been thoroughly violated.

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developer. I would argue that there is no notice, no jurisdiction, and I would ask that the ZBA

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continue it. I'm sorry, sir. You're fading it out. I would argue that the notice was not posted.

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It has been thoroughly documented, and I would request that the ZBA continue it on that basis.

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This is for 760 South 18th Street? Yes. We are going to hear testimony.

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we will be hearing testimony but the board will not make we will not vote

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on this matter until we receive uh correspondence from the rco and and your client as well i i would

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ask that that it'd be that it'd be uh held open in that there was no there were no there was no

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notice posted again you faded you would ask i'm sorry i would ask i would ask that the record be

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held open in that there was no notice posted the orange signs never went up all right let's wait

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till we get to that case when we'll discuss it further thank you anyone else is there anyone at

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this time who would like to request a continuance or withdrawal chair we have richard please unmute

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yourself and wait for the chair good afternoon sir please identify yourself for the records

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I'll spell your full name and I'll swear you in.

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Hi, my name is Richard Glaniak.

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I'm on the Sassana Zoning Committee.

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Also, I'm a Democratic Committee person.

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And I'm not in agreement.

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Richard, spell your last name.

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My apologies.

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It's G-L-I-N-I-A-K.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Okay, please proceed.

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um i'm not uh totally certain about the uh hold and uh have a hearing today i don't necessarily

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agree with that i don't believe the community is uh would agree to that as well there were some

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issues uh with regard to tearing down the front facade and cornice line and i know the majority

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of the neighbors that spoke at the sasna zoning committee had concerns with that as well so

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So I can't, I don't think the, how the lawyer depicted the case, as far as everybody agreeing to the refusals, I don't believe that's the case at all.

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Did you say you were a member of the Sassner board?

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The Sassner zoning committee. I'm also a Democratic committee person.

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I understand that, but you're a member of the committee.

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Yes, I am.

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And the committee, at least unless I'm mistaken, correct me, Nicole, could you set some light on this?

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I mean, I'm getting conflicting comments from the board, SOS and the board.

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Yeah, so to clarify, Richard, the hearing hold means it would be heard today, but they would need to come back at a later date to present to the community for a final vote.

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and then we'll write a letter of recommendation based on that and they'll have to provide more

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notification for that meeting. So that's what the Hear and Hold means for today.

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So in the future there won't be any hearing or testimony given? It'll just be whatever

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the letter from SOSMA will be? Yeah, testimony will be heard today.

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And no time in the future? Correct.

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well well let me just to the record i don't believe in in the how the situation was depicted

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by the lawyer that that's the case i don't believe the community was an agreement to the variance

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i agree um yeah and that would be i mean that would come out in the vote that we have later on

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with which is a public vote um of the project it's a okay a redo of the zoning meeting

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All right. Excuse me, Chair. I wasn't aware of the here and hold and what that entails. So my apologies.

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All right. Excuse me, chair. I wasn't aware of the here and hold and what.

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Sorry, we talked about it. We talked about it earlier this morning with another project.

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No worries. No worries, Richard. No problem.

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All right. Thank you so much.

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Thank you. All right. Anyone else who would like to request a continuance or withdrawal, please raise your hand.

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I see no hands, Chair.

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Okay, with that, we can begin with number one on our list, MI 2021-001-563-1443 North 8th Street, Mr. Notkinson.

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there's a letter of non-opposition from the association I'm not sure how to pronounce that

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Puerto Rico Puerto Rican association of I'm not sure. Can you put your name and address on the

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record please and spell your last name Mr. Nockamson. Yes good afternoon Madam Vice Chair

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good afternoon Mr. Chair members of the board my name is Alan Nockamson A-L-A-N last name

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N.O.C.H.U.M.S.O.N. Address 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Do you agree to wait the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral,

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photos and or plans of the property five days in advance of this hearing and have you met with the

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RCO and do you have a letter? Yes in all respects. Okay you may proceed. May I share my screen? Sure

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we love screens. I know one day we'll hopefully be in person hopefully 2022. Good afternoon again

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Alan Occamson I'm here to present 1443 North 8th Street. I think I heard the chairman state while

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I was transitioning over as a participant of this matter that it was indicated that the coordinating

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RCO issued a letter of non-opposition which is correct so you'll see this is a project of 1443

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North H Street we are between Jefferson and Master and it goes street this property goes street to

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Street from 8th Street to Perth and you'll see my table of contents you'll see the deed to the

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property the certificate of tax clearance showing where good standing with the City of Philadelphia

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notice of refusal application for appeal zoning maps and other maps of the area photographs of

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the property in the surrounding area architectural plans and drawings and most importantly the letter

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of non-opposition from the coordinating RCO. This property is owned by NHA Development LLC.

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They develop throughout the city of Philadelphia. They're well-regarded and well-known within the

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city of Philadelphia for their quality of workmanship and product. They do a mix between

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selling of houses as well as holding. This one is probably hold. They do self-manage their

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properties as well. On the line, I have Tony Chabon, the owner of NHA Development. They've

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been in existence for over 10 years. I also have on the line Logan Dreyer's architect who can

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answer any questions. Certificate of tax clearance showing that we are good in good standing in terms

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of our real estate taxes, our notice of refusal. So this is an RM1 property. All we're asking for

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Harold, could you enlarge some of those documents, please?

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Is that better?

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Yes.

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Okay.

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Yeah, so this is an RM1 property.

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We're not, you know, we're just, we're at like almost four and a half units out of five.

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And, of course, the city with the zoning code rounds down.

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And, you know, here it wouldn't be an opportunity to round up, but we're closer to four and a half than four here.

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And we're allowed us to write four units.

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We're asking for five units.

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Given the configuration of the property, it makes sense.

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We are a property that goes street to street, as you will see, and just the way it's laid out, it makes sense for this property to have five units rather than four units.

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Here's our application for appeal to the ZBA, as well as our notice of refusal and our project information form.

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And then maps of the area. I'm just going to scale back just a little so you can have a little more perspective.

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But again, we're between Jefferson and Master. We are on 8th Street, and here's Perth in the rear. Again, RM1. We're just trying to add a half an extra unit, essentially, to this project.

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And here's a Google map showing where we are in the neighborhood as well. And then photographs

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of the property. It's a vacant lot, well-maintained, NHA, that's what they do. When they purchase a

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property, they make sure that they properly fence it and maintain it until development.

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This is the property from the perspective of North Perth Street.

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This is the property from the perspective of North Perth Street. And then here's just, you know,

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for perspective purposes, North 8th Street to the right of the property, North 8th Street to the left

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of the property, North Perth Street to the right of the property, North Perth Street to the left

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of the property. There are no dimensional variances here, just a use variance. And then here are plans

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and drawings. If you don't mind, I'll just make it a little smaller so you can see a little better.

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But this is a brick facade. You know, we're trying to keep within the architecture of the city of Philadelphia, but with a modern twist.

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Again, no height variances, no dimensional variances at all.

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You'll see this large open area in the back, you know, which faces Perch Street. That's where the garbage would be stored for all the residents.

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and then just i'm just gonna just and if you need um it to be bigger that i'll obviously do it uh

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but you know the if is there an elevator in this building no there is not how do the people on the

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third floor get the trash down i guess down the steps down the steps there's two sets of staircases

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So this is the second set of staircases going out of Perth.

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That's how they would store the trash back here.

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So there's, you're welcome.

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There's two units on the first floor, and then the second, third, and fourth floors each have a unit each.

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Is there a unit in a basement?

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Yes, there's bi-level units in the first floor.

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Each of the first four units, unit A, unit B, have bi-levels, are bi-level.

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And sleep at the basement?

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So we do anticipate, I want to, let's see, I just want to make sure, there are bedrooms in the basement, but again, the first floor unit and the second floor unit have, so the rear unit, because it goes street to street, has a second form of staircases as well.

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So it's not like the rear unit has to go through the whole building to get there.

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So they would have their secondary entrance or exit from Perth Street.

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Same thing with the first floor units.

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They would have like 8th Street, and they obviously both have egress wells as well with steps leading up from the lower level.

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So we met with the APM organization.

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and they were in, you know, the organization we met

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and, you know, the attendees were in non-opposition

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to this project.

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You have your client to adopt your questions?

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Yes, yes, I do.

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Mr. Chabon, can you virtually raise your hand?

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Mr. Chabon has been unmuted.

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Please unmute yourself and wait for the chair.

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Good afternoon, sir. Please spell your full name and I'll swear you in.

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You need to unmute yourself, sir.

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Tony Shaban, S-H-A-B-A-N.

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

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I do.

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Thank you. Please proceed, Mr. Mott.

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Yeah, Mr. Shaban, you heard everything I stated today.

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Correct.

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And is it true and correct?

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Yes.

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And do you adopt as your own testimony?

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yes thank you questions from the board no no anyone else like to testify please raise your hand

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i see no hands here thank you planning commission good afternoon david fecto f e c t e a u with the

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City Planning Commission.

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You sweat more for him to tell the truth, the whole truth, nothing but the truth?

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Yes, sir, I do.

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Thank you.

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Please proceed.

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Thank you, sir.

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Mr. Chairman, members of the board, the comprehensive plan recommends this property for residential

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single-family use.

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However, during the zoning map changes in 2017, we left this block zoned multifamily

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because most of the buildings on the block have been built as multi-unit buildings.

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We recommend the board grant the requested variance.

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Thank you.

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MI 2021-001-563-1443 North 8th Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is no.

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Thank you.

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I think we go to number four because two and three were continued.

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Okay.

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All right MI 2021-001-564-1938 Tesker Street. There's a letter of

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All right.

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MI 2021-001-564.

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opposition from Point Free CDC but it looks like the vote was two to two. Two in favor and two

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opposed I think. Mr. Nockam, do you agree to wave the reading of the refusal and stipulate to its

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accuracy? I do. Do you have have you emailed the exhibit packet with proof of ownership tax

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compliance refusal or referral photos under plans of the property five days in advance of this

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hearing if you met with the RCO and do you have a letter yes in all respects thank you you may

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proceed all right thank you all right can I share my screen sure all right so I'm here to present

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1938 Tasker Street this is a property between 19th and 20th in Fernand and Dickinson in the

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Point Breeze section of Philadelphia. You'll see from this rendering as well as the architectural

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drawings, plans and drawings, we try to match from the scale point of view what the building

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structures in that area are. And from a use point of view, it's not uncommon for a property

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that's RSA 5 to have multifamily use in the vicinity. My typical packet of materials,

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table of contents, deeds of the property, certificate of tax clearance, notice of refusal, application for appeal,

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maps of the area from a city perspective on Atlas as well as Google,

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photographs of the property in the surrounding area, architectural plans and drawings,

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and the correspondence from the Point Breeze CDC.

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We also have a petition as well of support from many of the neighbors on that block,

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which includes the nearby neighbors at 936 1936 and 1940 Tasker Street as well make that a little

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bit larger yep better perfect all right sorry about that you know it's hard for me to sometimes

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