civus
Hearing video

ZBA Hearing - June 30, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 30, 20217h 12m

At that time, as I mentioned,

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thankfully they were not home.

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None of their adult children were home.

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They have been out of the property since that time.

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And allow me to move on for a moment.

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There are some additional photographs, but I'd like to bring you back, and this will be the reason why we're here today.

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This is the cover of an engineering report about the work necessary to make their home habitable again.

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The zoning refusal itself is only for one issue.

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The property is owned CMX1. It did not, at the time of the collapse, meet the required open area. It was non-conformant.

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And when Debbie and Bob were involuntarily kicked out of their home, they realized that this was an opportunity for them to age in place.

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And so they seek to fill in a little bit more of their first floor area, which isn't even seen from the public right of way,

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with some additional structure that will allow an elevator for them over the years

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as they hopefully can live in their reconstructed property.

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That is the one issue before the zoning board.

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We appeared before Center City Residents Association.

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The letter is up before you of non-opposition.

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Debbie and Bob are fixtures in their neighborhood.

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There are many, many letters of support, only letters of support from numerous neighbors.

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I've shared all of this with Ms. Saleta, and I won't go through all of it now, but there

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are something like 16 pages of support.

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What I will get to, and I'll go through this quickly, is to move to the plans.

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We do have here today Marty Rosenblum, who is Bob and Debbie's architect.

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He's here if the board needs.

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But as you'll see, there is...

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But as you'll see, there is a very small central courtyard in the property.

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Again, not seen from Waverly, not seen from Pine Street.

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I highlighted the proposed one-story addition to allow Debbie and Bob to have an elevator installed for the future.

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The rest of the plans and the photos simply show Marty Rosenblum's proposed updates to allow for that one-story edition, which has been reviewed by Center City Residents Association and others.

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In the interest of time, I actually think that I would pause at this moment, Mr. Chair and members of the board, and say that we have also discussed this matter with Councilman Johnson, who was very sympathetic to the Fleischmann's issue with the collapse.

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And once again, we are only aware of full support for this project.

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Mr. Rosenblum is here, and Debbie Fleischman is prepared, should the board wish, to adopt and affirm.

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Thank you. Please proceed.

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Mrs. Fleischman, if you would kindly raise your virtual hand so that Chairman Plaza may square you in.

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I don't have to speak.

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Mrs. Fleischman, would you kindly state and spell your name and address for the record

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and then Chairman Plaza will ask you a couple of questions.

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Hey, Tico.

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Hey, Frank.

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Oh, it's going okay.

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Can you hear me?

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Yes.

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Can you mute yourself?

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Am I muted or not?

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No, you're good.

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Debbie, please proceed.

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Okay, Debbie.

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Please identify yourself.

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Debbie Fleischman.

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Fleishman, F-L-E-I-S-C-H-M-A-N, 1642 Pine Street in Philadelphia.

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

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Yes, I do.

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Thank you.

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Mrs. Fleishman, have you been present for the entirety of my presentation to the zoning board?

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Yes, I have.

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And would you adopt and affirm it as your own?

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Yes, I would.

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Thank you.

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with that mr plaza i believe that we've presented a a full record of support for this project we

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have described the nature of the non-conforming issue before the board and the grounds to allow

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this dedicated philadelphia family to remain in the home that they love for years to come

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and i would respectfully request that the board grant the requested variance relief in this matter

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Thank you. Does the board have any questions?

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No.

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Is there anyone else here in this matter that would like to speak?

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Mr. Plaza, France Pierre has his hand raised. I will allow him to speak at this time, sir.

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Thank you.

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Hello.

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Good afternoon, Mr. Pierre. Can you please identify yourself for the record?

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Yes, that's France Pierre.

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That's F-R-N-C-Z

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That's P-I-E-R-R-E

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Councilmember Johnson's office

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You sorrowful to tell the truth

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The whole truth for nothing but the truth

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I certainly do

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Thank you, please proceed

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Yes

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Good afternoon fellow board members

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Councilmember Johnson

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Joins the coordinating

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RCO Center City

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Residence Association in their non-opposition to the appeal.

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Thank you. Anyone else?

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No further hands at this time, Mr. Chair.

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Thank you. Board, any questions?

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No.

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Thank you. Planning Commissioner.

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Good afternoon, Chair. Peter Bernard for the Planning Board.

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this property is indicated for commercial mixed use in the comprehensive plan we have no objection

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to the modest increase in occupied area accordingly we have no objection to the granting of variance

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thank you

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you're muted sorry about that there with me one second kind of lost this am i let's see here

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MI 2021-00

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I can read it if you'd like.

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I got it. I'm sorry. MI 2021-002090, 1642 Pine Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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Good luck.

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Thank you, Mr. Chairman, members of the board.

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have a good afternoon. Likewise. I believe that concludes the two o'clock hearings. Is there

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anyone else that feels that we might have forgot to call up a case?

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I see no one. Okay, thank you. We'll take a 10 minute break. Is that all right,

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board or anyone else? That's fine. Yes. Can we do 15 cheer? 15. Okay. Thank you. You're welcome.

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See you guys soon. All righty. Thank you.

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Thank you. Good afternoon. My name is Confessor Plaza and I'll be the acting chair for this

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afternoon's zoning hearing. Along with me are board members Thomas Holloman and James Snell.

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Also participating are board administrators Tanya Sunkit and board attorney Sharon Saleta.

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Before we begin, I'd like to note the following changes that are related to the virtual format.

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First, please be advised that this proceeding is being recorded and that by participating you

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acknowledge your agreement to be recorded. Second, for the benefit of anyone participating

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by phone, we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand

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by hitting star nine, then star six to unmute yourself.

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Before calling the first case, I will call out some of the continuances for today's 330 hearings.

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Calendar number MI-2020-002744-1507 Spring Garden Street is continued.

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And calendar number MI-2021-000979-2003 North 9th Street.

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Is there anyone else here that would like to continue a case?

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Please come forward now.

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No answer this time, sir.

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Thank you.

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MI 2020-002-607-1713, Cybert Street.

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mr plaza we've received um opposition letters both from the councilman's office councilman

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clark's office and from um beach company's rco which is i understand the coordinating rco for

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project. Thank you. Is Alan Nockamson available? He's just been promoted to panelist, sir. Thank

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you. Mr. Nockamson, please identify yourself for the record. I saw your first and last name.

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Oh, yes. Good afternoon, members of the board. My name is Alan Nockamson, N-O-C-H-U-M-S-O-N,

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with Nockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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

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I do.

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And do you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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Have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this

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hearing? I have. And have you met with the RCO and have a letter? Well, I say we have a letter.

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I don't know if we met with the RCO and that's, you know, part of our presentation. But for

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purposes of, you know, this form, we have technically met with the RCO. Thank you. Please

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a seat. Oh, yes. May I share my screen? Okay. So I'm here to present 1713 Cybert Street.

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So I'm here to present 1713 Cybert Street.

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I've been in front of this board on many occasions regarding the 1700 block of Cybert Street,

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being last summer at 1705 Cybert Street.

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And on each occasion, both the community and this board have supported the project.

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So you'll see in my packet of materials, the deed to the property,

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certificate of tax clearance showing that my client is it yes can you uh maximize a little

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bit yeah sure just tell me can you see that now or is it a little more been a little more okay

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how about like that yeah that's fine Tom is that good for me

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I think that's fine okay great yeah so you'll see the deed to the property

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certificate of tax clearance and notice of refusal. All the other instances where this

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board and this community has supported a project of similar type on the 1700 block of Cyber Street

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or application for appeal for this matter. The maps of the area, photographs of the property

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as well as the surrounding area, plans and drawings. And I have two letters, the first

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of which was from that Beach Community Services sent last week regarding this project. And

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And then a similar letter that the Beach Community Services sent regarding 1705 Seabird Street.

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The only difference is the letter that they sent, actually I think it was Monday, or I

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think it is, they sent saying that the community was in opposition to multifamily.

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We never met with the community.

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After eight months from the time we filed the zoning appeal up until today, we've been

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trying desperately to meet with this community. And we finally had an opportunity last week

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to meet with the community via a Zoom session. And unfortunately, we were never able to meet

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with them because the coordinating RCO, which I don't hold against, was unable to actually

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access their own Zoom account. So we were supposed to meet at a certain time. We were

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finally able to get access one hour later. And at that point, they said, well, we're

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an hour late. We noted that this community has supported projects in the past, including

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this coordinating RCO at 1705 Seabrook Street. And the community representative indicated

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that if there was an issue, that they would let us know and that we would have maybe a

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meeting that Monday. They would fly her in the neighborhood. We didn't meet with them.

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The only thing we got was that letter, but you'll see from the correspondence from last year, last time we presented in front of this community with Beach Community Services as coordinating our RCO for exactly the same project, the community unanimously supported this project, and Beach Community Services also supported this project.

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So, the deed to the property shows that Philadelphia City Properties is the owner of the property of 1713 Cyber Street.

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After that, you will see our tax clearance. I'm just going to make it a little smaller

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so it's just easier so you can see the whole page, if you don't mind. And then we'll obviously

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enlarge for the drawings. But you'll see that Philadelphia City Properties is in good standing

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with the state of Philadelphia. The notice of refusal. So this is an RSA 5 property.

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We're on the 1700 block of Seabird Street. Seabird Street is between Thompson and Master

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essentially between 17th and 18th Street in the Kabat section of Philadelphia. So we're

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just off a broad, not that far off of Broad Street. And this is an RSA 5 property. And

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on several other occasions, this board has reviewed similar type of projects where we're

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looking to put a two-family household living. And we'll also have issues with regards to the

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open area and the rear yard depth. So before this hearing, I actually looked at all the other

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projects our office has handled. And these are all projects our office has handled. 1705 Seber

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Street, 1707 Seber Street, 1709 Seber Street, 1711 Seber Street, 1719 Seber Street, 1721 Seber

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Street, 1728 Sieber Street, and 1742 Sieber Street. I looked at each of the refusals and for each of

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these properties, the lot size actually of our lot is actually the largest of all of them at 674

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square feet. But the same type of refusals for depth of the rear yard, all of them are like five

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feet. A couple were like five feet, like eight inches or something. In the open area, all the

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THE REFUSALS WERE SUBSTANTIALLY THE SAME. AND IN EACH INSTANCE, THE COMMUNITY AND THIS

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And in each instance, the community and this board supported the approval of the requested variances.

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BOARD SUPPORTED THE APPROVAL OF THE REFUSALS.

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And I think it would be helpful to look from a map standpoint of where we are. So again,

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we're 1713 Cuber Street, that's this project. 1705, 7, 9, 11, all approved by this EBA.

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We're 13. Down the street, 1719 and 1721. Then across the street, 1728 and 1742.

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All approved by the CBA under similar circumstances.

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Here's our application for appeal for 1713 Ciber Street. Again,

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noted that we filed this appeal in October of 2020. We did not get the opportunity to present

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into the to the community until last week and through no fault of our own we were unable to

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present to the community even though we've done a continuance in the past but we in good faith

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sent notice to the community I don't know if anyone was on you know that initially that virtual

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meeting but we were not able to present to the community we're not afforded that opportunity

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to present to the community so then there's maps of the area again just to reiterate we're between

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17th and 18th and Thompson and then masters up here we actually back up into Ingersoll

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and then just to do some more background from a google map perspective of where we are

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photographs of the property it's a vacant lot you know properties to the right of the property

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