civus
Hearing video

ZBA Hearing - January 6, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 6, 20215h 31m

No.

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No.

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No.

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Would anyone else like to testify in this case?

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If so, please raise your hand, including members of the RCO

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and members of the district council office.

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Mr. Chair, I have Mr. Andrew Goodman, whom I will allow to speak at this time.

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Good morning, Mr. Goodman.

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Please identify yourself for the record, and I'll swear you in.

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Good morning.

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Andrew Goodman, Office of Third District Council Member Jamie Gaudier.

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We're in the firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Thank you.

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Mr. Goodman, please proceed.

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I am here today to testify on behalf of the council member. The council member has no

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opposition to this variance application as long as the proviso be included to reflect

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the updated plans. Thank you. Anyone else would like to testify?

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no further hands at this time chair thank you planning commission

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this is paula brumblow burns with the city planning commission this property is indicated

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for residential use on the comprehensive plan we have no objection to the revised plan

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Thank you. MI 2020-001871. 883 Belmont Avenue. My vote is yes with the proviso. Revised plan.

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One page approved today. My vote is yes with proviso. Yes with proviso. Yes with proviso.

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Yes with proviso. Thank you. I believe that concludes the 930 session. Sure does. That's it.

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Thank you, members of the board. I hope everyone had a happy new year. I thought 2021 was supposed to be better. Dr. Dre had an aneurysm. My favorite metal guitarist just died at 40 years old. This is not a good start to this year so far.

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But Ossoff won.

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Ossoff won.

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my name is Frank DiCicco I'm the chair of the zoning board of adjustment

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I'll be participating in today's hearing along with our vice chair who will be a few minutes

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late Ms. Carol Tenere our board secretary confessor plaza and board members Mr. Thomas

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Holloman and Mr. James Snell board administrators Ms. Tanya Sunkett and Jason Hand and our board

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attorney Ms. Sharon Saleta are also in attendance for those of you who haven't yet participated in

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one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded. Third, for anyone participating by

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phone if you wish to testify you must raise your hand by hitting star nine and then star six to

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unmute yourself. I'll repeat for anyone participating by phone if you wish to testify you must raise

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your hand by hitting star nine and then star six to unmute yourself. To enter an appearance statement

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Call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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i'd also like to remind everyone please do not attempt to testify in the chat any comments should

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be directed to the board administrators thank you uh before i call the we call the first list

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i'm going to read out those cases that there has been a request for continuance

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so bear with me folks

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MI number five on our list, MI 2020-002477, 1624 North 26th Street.

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And hold on, I think there's one more.

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hold on I think there's one more

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and also no that's it that's the only as of the now that is the only

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case that has been requested to be continued if anyone objects to that continuance please raise

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your hand at this time

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no hands at this time Mr. Chair thank you is there anyone else at this time who would

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like to request a continuance or withdrawal if so please raise your hand

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Mr. Chair, Mr. Alan Nockamson has raised his hand. I will allow him to speak right now.

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Good afternoon, Mr. Nockamson. I believe you're still under oath from this morning. Please

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identify yourself for the record. Yes, I am, Mr. Chair. Alan Nockamson of

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

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I am asking for a continuance on matters relating to 726, 728, 730, and 732 North Shedwick.

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Okay.

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There are numbers 11 through 14.

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Yeah, I know.

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I'm looking for number 14 on my list.

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I don't know what I did at that point.

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It's the one that we added this afternoon.

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Yeah.

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Yeah, I don't know. It's the one with the letter from, what, say something.

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I can give you the MI.

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Yeah, give me the MI number.

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Is that the 2660?

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Yes. MI 2020-002606-726 Shedwick Street.

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Oh, 06. Okay, I had it backwards. Okay. All right, Mr. Notkinson.

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Calendar numbers MI 2020-002557, 728 North Shedwick.

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Calendar number 0020, excuse me, calendar number MI 2020-002606, 726 North Shedwick.

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Calendar number MI 2020-002611.

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732 North Sedgwick

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and

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what did I do at number 14?

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I'm not having a good day here.

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I apologize.

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I think you read that first.

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I did. You're right.

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I did read it first.

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So those four cases,

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thank you, Sharon,

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will be continued.

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Thank you.

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Anyone else requesting a continuance

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or withdrawal?

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Please raise your hand.

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Mr. Chair, Mr. Andrew Goodman has his hand raised. I won't want him to speak right now.

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Mr. Goodman, you are unmuted.

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Thank you. Mr. Goodman, you're still under oath from earlier today. Please identify yourself

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for the record.

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Yes, Andrew Goodman, spelled G-O-O-D-M-A-N, Office of Third District Council Member Jamie

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Gaudier.

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Please proceed.

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uh we have received some communication from the um from the applicant for the um address

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1322 south 53rd street that that would be continued as well i just wanted to check on that

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yes that is being continued yes great thank you thank you that's all for us thank you

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anyone else have any questions or would like to request a continuance or withdrawal please raise

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your hand. No further hands at this time Mr. Chair. Okay, thank you. I'll read this in

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Confessor. MI 2020-002499 1222 Annan Street. Excuse me Chair, just a reminder that there

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is also the add-on for Kinsey Street that is just a delay vote.

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Yeah, you did me that one too.

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I'm about to get on.

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Hold on.

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What did I do with that paper?

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Sharon I know you gave it to me I wrote it I can read that in if you'd like yeah please do I don't

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Sharon I know you gave

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know I juggled some papers around that's fine it's calendar number 38981 1827 Kinsey this is

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a delay list case the hearing was held on um on February 12th and photos were that you were

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waiting for were submitted so it only needs to be voted okay so what is that number again

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it is calendar 38981 1827 Kinsey Street thank you calendar number 38981 1827 Kinsey Street

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my vote is yes my vote is yes my vote is yes my vote is yes thank you sorry for the confusion

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All right, we're ready to go with 1222 Annan Street.

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Is that correct, Sharon?

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That's right, yes.

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It's Ellen Nalkinson.

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All right, Ellen, again, you're under oath from earlier today.

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Please proceed.

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Good afternoon, Mr. Chair, members of the Board. My name is Alan Nockamson of Nockamson

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

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Mr. Nockamson, do you agree to wave and step?

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Yes, I do.

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

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of ownership proof of tax compliance a copy of the refusal or referral and photos and or plans

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of the property five days in advance of the hearing yes i have and have you met with the rco

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yes i have okay uh may i share my screen please do

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I'm here today to present 1222-24 and in street.

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And in front of you is the rendering of what we hope the property will look like if the

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zoning board approves our zoning variance.

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As you can see from the brick facade, the building in the middle, this is Ralph D. Mico and Brothers

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building. It's a pre-existing two-story building with a garage that's been in existence for some

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time. And with it, I'm providing you an exhibit packet which includes eight exhibits. The first

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This exhibits the deed to the property, which shows that Philadelphia Motoring Club LLC

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is the owner of this property at 1222-24 and in Street.

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After that is the Certificate of Tax Compliance, which shows that they are in good standing

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with the City of Philadelphia.

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After that is the Notice of Refusal.

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This is an RSA-5 property, although if you look at the history of this property, its

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It's history has never been single use.

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And if you look at the configuration of what the property looks like, it speaks nothing

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like single family use.

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And it's 1222-24 Annan Street, so it's been two properties at one point as well.

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What we're proposing to do is to repurpose this property by having three dwelling units in the property, having a total of six parking spots by repurposing the garage that's on the first floor, and to add a third story responsibly by having it set back in many different ways.

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So our refusals are this. First of all, the open area. We're required to have a 25%

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open area. We have a 0%. Now, I will say that the first two floors have 0%

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open area. We're asking for the third floor to add an addition. But the reason why it's a

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technicality in terms of the code, we do have a significant amount of open area. It's that our

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decks our rear deck and our side decks are not considered as part of the open area but you'll

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see from the structure that if you do not count the decks as part of the calculation you would

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have enough open area the second part of it is the rear yard depth same thing ninth feet of rear

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depth is required zero is proposed again the current pre-existing building has full lot coverage

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and all we're doing is proposing to add a third story.

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And all we're doing is proposing to add a third story.

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And if you discounted the fact that our rear yard on the third floor and the rear deck and the side deck were not counted or would be counted, we would have significant rear yard setback.

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And then in terms of the height, we're required to have a maximum of 38 feet.

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we're proposing to have 40 feet eight and a half inches and you'll see from the roof line

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that we have of the pre-existing structure and we'll have the architect discuss this

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we have no we have no ability to like have anything less than what we're proposing essentially

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and we actually even reduced it after talking to the neighborhood group just because the roof line

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so high given the physical structure of the building as well the beams that go across the

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metal beams it would be almost impossible to reduce this any further and under the circumstances

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comparing what's allowed by right comparing to what we're proposing there is no impact or greater

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impact than to the neighboring properties and we have a sun study in that respect. I did provide

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Ms. Saleta earlier today revised plans so should the board approve this zoning matter there are

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revised plans and as part of this application here's our application for appeal to the zoning

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board of adjustment and here is a map showing where we are as you can see this is a rather

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large property again it's 1222-24 annon street you'll see where we are in the neighborhood as

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well. We're between Federal and Ellsworth and 12th and 13th streets. And then you'll see photographs

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of the property. So this is what the property looks like today. It's a historically significant

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property in South Philly in terms of its history and the way it looks. And it's not enough character

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for the block of the way it looks. You'll see there's other structures on that block on Annan

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Street that even though this is an RSA 5 block are different and unique in nature and we wanted

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to preserve the history of this property and repurpose it. You'll also notice across the

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street the fact that there's off-street parking on both sides but on this side there's off-street

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parking and that the properties are set back. The reason why I mention that is from like again a

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light and air perspective for the surrounding properties and we'll talk about the properties

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to the left and right of us and behind us as well so you'll see again that this is a very unique

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looking block even though it's rsa5 most of the properties do have garages off street parking

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there's no on street parking on this block so you know but we're repurposing a garage anyway

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but again this is a very unique block you'll see that there's multi-family in the in the area just

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as an example 1216 and in street 1229 federal 1235 federal and then here's our our zoning posters

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for the you know to show proof of posting for this hearing and then i'll skip over the architectural

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plans and drawings because we'll have john weckerley of boxwood architecture is going to go

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specifically through that to guide the board as part of this process i'm just going to skip over

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that but you'll see these rental properties are that for sale there we believe that they're going

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to be condo uh this is going to be condoed the owner is tim burling the owner of the properties

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on here as well he actually plans to live in the biggest unit i just was curious that's

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yeah obviously very familiar with the property um excuse me this is sharon saleta we have a

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letter of opposition from Councilman Squilla that references a letter in opposition from the

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Passions Square Civic Association. Yes and that's what I want to get to and then I'll have the

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you know the architect kind of walk us through from a technical standpoint in terms of the refusals

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and why it's no greater impact than what would be allowed as a right. So then the biggest thing that

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they were upset about was the height of the property and the architect will you know John

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will talk about that. But just because of the current configuration of the property,

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the only way to conform as a code is to basically knock down the building. And it would be a real

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shame to knock down that building, because as of right, we would have two single-family structures

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with no parking, while we're proposing to have three condominium units with six parking spots.

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