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Hearing video

ZBA Hearing - January 22, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 22, 20257h 43m

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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Please proceed, sir.

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I just wanted to indicate that there was a delay in getting in our consortium's letter of support as we were working on some issues with this through the end of business yesterday.

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We did have two meetings with the applicant.

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One was a technology-based meeting to review the specifics of this, along with our environmental consultant from the Clean Air Council of Philadelphia.

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That was on the 2nd of this month.

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We then had a community meeting on last Monday, the 13th of this month.

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did want to point out that southwest philadelphia is an environment especially eastwick area is an

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environmental justice community that currently has two superfund sites one under a runway at

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the airport and the other one the somewhat infamous clear view landfill which the feds

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have spent about 78 million to um to address so when an issue like this comes into the community

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it does cause some concern among some of the people in Eastwick.

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We distributed to our RCOs the criteria for special exception approval under Section 14303 of the zoning code.

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We assumed that they looked at it.

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Three of the four participating RCOs supported it.

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The fourth one did not, which was one of the groups in Eastwick.

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uh we went over the issues with them but they that that was that was their sense and we left

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it as it is uh we felt that council and uh the team that they put together richard solbodian

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and his sister uh answered all of our questions we felt that the burden that this placed uh on

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the community and this facility, which is essentially looks like a strip shopping center,

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but is an industrial strip, that it was not burdensome. It was less burdensome than some of

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the operations that were there. I had made three site visits, spoke with the owner of unit number

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one, who was supportive, I believe has put in a letter of support. We worked with the owner of

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unit number four, because the family had non-zoning issues, issues regarding basically code,

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the fireproof nature of the walls, as well as insurance coverage. Once they had that yesterday

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at the close of business, they were satisfied and their abstention went to support.

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So we welcome this business into the community. We wish them much success.

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It is, I hate to use the word novelty, but it is unique and has caused interest and concern.

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We do not believe it puts any burden on the business community.

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As Meredith pointed out, the closest residential is RM1.

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I measured it myself.

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It's over a half a mile away.

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The vast majority of the single family dwellings in the area are further than that.

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This is an I-2 district, and across the street, we have a 250-acre fossil fuel site, which we're hoping to get abated.

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So we welcome Richard into the community, and we wish him the best.

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Thank you, Craig. We appreciate you taking the time to call.

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Is there anyone else in the audience?

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I see no more hands at this time, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon.

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david effecto with the city planning commission chairman and board members the comprehensive

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plan recommends no change to the i2 medium industrial zoning at this location the appellant

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has shown that the proposed animal boarding services will have no detrimental impacts to

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the neighborhood beyond what might be expected this property is located in one of what one of what

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beyond what might be expected this property is located in one of what one of what the

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comprehensive plan designates as an industrial preservation area the proposed use will be

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complementary to the current uses taking place in this part of the neighborhood the city planning

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commission recommends the board grant the proposed special exception for animal service boarding and

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other services. Thank you. MI 2024-005-199-7000 Halston Avenue, I vote yes with Proviso. Use

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limited to household pet crematory services. Michael Johns, my vote is yes with Proviso.

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Cheryl Gaston, my vote is yes with Proviso. Tanetta Graham, my vote is yes with Proviso.

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Tywin, my vote is yes with Proviso. Ishmael Shaheed, my vote is yes with Proviso.

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Thank you very much.

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Thank you, counsel.

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Break it there.

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We get two more left and then we'll break.

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Number 10, MI 2024-006-308-1310 Marlborough Street.

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Alan Notchamson is the attorney.

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There's a letter of opposition from Fishtown Neighbors Association

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based on the original refusal.

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Letter of opposition from Council Member Young.

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Thank you.

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Sure.

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Thank you.

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Mr. Nockamson, for the record, could you please state your name and spell for the stenographer?

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Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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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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Could you identify your client in relationship to the property?

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All right, so my client is Sage Property Group, LLC, and to the left of me is Jamie McDonald, its member.

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Our vice chair has just a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits as needed and required to proceed with this case five days in advance of this hearing?

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I have.

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Please proceed and share your screen. I believe you've been promoted.

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I have not the hand just make sure I have the right screen up

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all right I'm going to share my screen

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Does everyone see it?

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Yes.

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We can.

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So good afternoon.

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My name is Alan Ockamson of Ockamson PC.

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You might want to sit like a little closer to the mic.

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All right.

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Good afternoon, Alan Ockamson of Ockamson PC.

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I'm here to present 1310 Marlboro Street.

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This is a property that's probably a block or so away from Frankfurt Avenue in the heart of Fishtown.

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And to my left, again, is Ms. McDonald, the owner of the entity that owns the property, although this will be an owner-occupied property.

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So as everyone knows, Fishtown's gotten really expensive, especially near Frankfort Avenue, and it's cost prohibitive for a lot of people to live nearby.

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This is an opportunity for Ms. McDonald to build a two-unit dwelling where she'll be living on the upper unit.

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And in order to afford that, she wants to rent out the lower units.

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So during my presentation, we'll review first a notice of refusal.

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So originally, and we'll see this in the refusal,

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Ms. McDonald wanted to put two parking spots in the front of her property.

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Fishtown Neighbors Association was completely against that for multiple reasons.

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And because of that, we're trying to work with the neighborhood.

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We have eliminated that and we moved the property, the building structure to the front of the property, which you'll see by that notice of refusal.

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a refusal the next one the amended one and and by the way we are meeting with the fishtown neighbors

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The next one, the amended one. And by the way, we are meeting with.

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association on february 4th so we would move that we would have this heard by the zba today

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be held under advisement and then there would be a resumption hearing just in terms of the

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community input aspect of it so the next exhibit we have is a correspondence from the fishtown

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neighbors association jokingly there was only one person against that it was mr goldberg who from my

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office who abstained from voting but it was a very bad meeting and we were we acknowledge that but

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we're working with the community and i think that it really had to do with the parking because it's

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not out of character to have multi-family there and there are three instances you'll see as exhibit

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five um that you know where there's multi-family near on that block so what we're proposing is not

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out of sorts and actually after that meeting we met with a few neighbors to the right of us

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and we have letters to support from them based on the changes that we made by eliminating the parking

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so we try to get to the person to the left of us but she's an older lady who literally does not

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open her door we're going to continue trying to like reach out to her um but you know jamie's a

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known well-known quantity on that block so we're hoping that based on these changes to eliminating

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the parking aspect of it but keeping the duplex act aspect of it that will get community support

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we'll find out uh exhibit six is our zoning map then we have photographs of the property in the

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surrounding area and then you can see our plans and drawings both the original and the amended

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you'll see the differences is that we moved the building structure to the front so now we have

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eyes on the street um because we moved the building structure up um our building structure

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is not set back in the front and it doesn't extend beyond the properties to left and right of us which

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is important for the light and air of those property owners and i think that was part of

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the concern too was we were out of sorts visually um we have a better facade we have lintels

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um i know it doesn't show a cornice line but we intend to put a cornice line we it's a brick flat

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brick facade more traditional look um than uh previously requested again we got rid of the

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parking but we'll go over all that and and we may have a pronounced breezeway where garbage you know

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people will have access from front to back and garbage will be stored in the rear uh so uh we

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would propose if the board feels so inclined that part of the uh two two provisos uh no trash uh

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stored in in excuse me trash stored in the rear of the property and then the second is no bedrooms

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in the basement uh and then we have our hearing notice or a meeting notice with the community

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this is for the one february 4th along with the proof of mailing that notice that went out

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yesterday but we just want to show the board that we're attending to meet february 4th our

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application for appeal that we filed uh with the zba or deed to property uh showing that sage

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property group llc's miss mcdonald's uh group uh llc owns the property but again she attends to

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live there, and our certificate of tax clearance. At the conclusion of my presentation, I'll ask

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Ms. McDonald to be sworn in, and then we'll have a few questions for her. All right, so our notice

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of refusal. As you see here, we have three refusals here, partly because of the parking and

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also the setback, and then the use, right? So that was the older refusal. The new refusal just has

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the use and again it'll be you know the deciding factor will be what the community believes

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should be there but again it's really really expensive to live in fishtown right now

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and you know in order to encourage a diversity of living arrangements like it's important to you

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know i would put it from my example i live in fairmont i originally i lived on a two-story

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street right it was an eight nine hundred square foot house it i developed roots in fairmont i now

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live in a three-story house not that much bigger 1800 square feet but i raised my family there

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in order to for all these communities to to thrive like people need to be able to develop

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roots roots and you know it would be a shame that the only people that live in fair in in fish town

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are the ones who can afford the million-dollar homes.

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And, you know, the younger people are, you know, yeah, they can rent,

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but the rent's getting cost-prohibitive.

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And, you know, in order to own that, I mean, that's, you know,

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what we would consider the American dream.

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This is an opportunity for Ms. McDonald to help offset her mortgage payments

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by having that second unit.

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So when we sought approval to revise our plans, you know,

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We wrote a letter to the ZBA administrator outlining just what I stated before.

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Just what I stated before, we removed the two accessory service parking spaces.

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We removed the two accessory service parking spaces.

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We removed the 24 front setback.

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The rear yard has been increased to a total of 41 feet.

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Both units have access to that.

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Ms. McDonald's unit on the second floor actually has a rear staircase that goes straight down.

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And then both parties have access from front to back with this breezeway, so for garbage removal and such.

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and then we added that exterior rear staircase to the second floor and then because of that request

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you know we were allowed to amend our zoning appeal by seeking that additional or that

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amended refusal which is our second refusal so i guess the third proviso would be

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based on the revised refusal as well and then this is the letter from the fishtown neighbors

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Association. Again, one third of it dealt with the parking, which we eliminated. The second third

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dealt with the setback, which we eliminated by eliminating the parking and moving the building

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structure to the front. And then the third had to deal with the hardship. Again, I would say the

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hardship is this, is the fact is, is that it is impossible for people, you know, nowadays to be

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able to afford to build a home from scratch generally because of rising interest rates and

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construction costs. But just the cost of just living there is so expensive. And I think to

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encourage a diversity of housing, as I stated, is important to have these duplexes. And I could see

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if this was on a wholly single-family block if we weren't near a commercial corridor. But we are

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near a commercial corridor and we are near uh we are on a on a multi-family block that has

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some multi-family at least here's our letter of support again i think it speaks volumes of

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the outreach we made what we heard from the community is that again our neighbors at 13 12

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marlboro and 13 14 dash 16 marlboro after we made those changes they they wrote letters to support

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And then again, not out of character to have multifamily here. So 1309 Marlboro has three units. 1358 Marlboro has three units. And then I believe the board also by way of variance also granted multiple units for two units at 1300 Marlboro as well as as late as October of 2024.

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for and then maps of the area as you can see here we're right next to frankfurt avenue i mean this

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is prime philadelphia philadelphia and fishtown real estate here but from a planning perspective

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typically what you see coming off of a commercial corridor is maybe just a little bit of a step down

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from cmx2 to like an rm1 of some sort so if this was an rm1 property i'm not saying it is

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we would be allowed by right i mean the more than by right this is a rather massive lot of

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1,919 square feet so again not out of character and also not out of you know the realm from a

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city planning perspective to have this uh and then you could see where we are like you know

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La Cologne it's like a block away from us and then photographs of the property again we're

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between you know you know two uh two uh you know you know row homes hopefully we'll add you know

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teeth to that street by adding our row home this is our proof of posting marlboro street to the

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right of the property to the left of the property our plans and drawings which again we don't really

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need to go into because we have the updated one these are the original ones but you can see it

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was no lentils here we planted do have a cornice line here um and i'm trying to think what else

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was different i think that's about it and then in the updated plans

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first of all you can see that there's a there's a breezeway here so which is really important in

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terms of life and safety but also practicality in terms of you know having the garbage you know

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removed and stored you know every single week and then these are our floor plans and again we would

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agree to provide some no bedrooms in the basement but this is just a simple one bedroom one bath

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so you walk in there's a kitchen a living room one bedroom one bath there is a full living space

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you know people still work from home right you know maybe we're here in person but a lot of

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people still work from home and you know they want space they want an extra living space

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um you know storage of some sort i'm sure that we'll put up a wall of some sort but that's where

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