civus
Hearing video

ZBA Hearing - September 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 13, 20234h 57m

discounts higher, that we would come back in front of the RCO and clarify what uses are going to

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happen at the site. So that being said, I would be happy to pull up a copy of the proviso letter

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that I sent to the board solicitor just to run through the provisos that we've come up with and

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then call my client forward to adopt my testimony if the board would like me to do that.

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Go ahead, please.

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Sure. So the proviso letter that was sent to your board solicitor just clarifies that in addition to the repair, tire repair and sales, the uses that were going to be added are limited to oil changes, fluid checks, tire replacement and servicing, brake checks and servicing, battery checks and servicing, muffler and exhaust repair, power steering checks and servicing, suspension,

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shocks and struts, repairs, alignment checks, air conditioning checks, repairs, as well as state

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inspections. So as you can see, there's no, you know, there's no body work or anything that

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creates a lot of noise or pollution. These are just fairly minor vehicle maintenance uses. And

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we also did note in this letter that, again, if we were to change from a Mavis discount tire,

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we would be back in front of Millbrook to present the application and get their approval.

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Okay.

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You want to bring your client on, please?

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Sure.

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So my client is Chris Koblo.

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So, Chris, if you could raise your hand to be identified in the audience.

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If you're in the virtual audience, please raise your hand and wait to be sworn in.

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we see him jason

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no i don't mr chair um cancel your office to the court we will gladly take your testimony

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thank you um questions from the board oh mr no chair no chair questions or comments from the

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virtual audience. Yes, Mr. Chair. Alice Udovich has their hand raised. I have allowed them to

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speak at this time. Alice, state your name and spell, please, for the court stenographer.

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Thank you, Chairman. Members of the board, Alice Udovich, A-L-I-C-E-U-D-O-V-I-C-H,

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from Councilman Brian O'Neill's office. Do you swear a firm to tell the truth,

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the whole truth, nothing but the truth? I do. Proceed. The Councilman has no objection to the

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granting of the variants, and does agree with the provisos that Ms. O'Neill mentioned.

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Thank you. Is there anyone else in the virtual audience?

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Yes, Mr. Chair, I have a hand raised by a...

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Yes, Mr. Chair, I have a hand raised by a Haristos iPhone.

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That may be the original one.

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Yeah, that's my client.

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Okay.

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

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Sir?

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okay i think i think we we have our our council's testimony council's testimony um anyone else in

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the first audience no further hands mr chair thank you planning commission

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good afternoon chair peter bernard for the planning commission

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hi peter could you spell your name please for the court sonographer just for the record

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Yes.

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P-E-T-E-R, B as in boy, A as in apple, R as in Roger, N as in Nancy, A as in apple, R as in Roger, D as in dog.

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Right.

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

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I do, Chair.

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Please proceed.

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The comprehensive plan recommends no change to the existing CA1 commercial auto at this location.

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Seeing as this is an ongoing use, the Planning Commission has no objection to the granting of the variance.

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Thank you.

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MI 2023-001-881-4401 Woodhaven Road. I vote yes with proviso. Personal vehicle repair and

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maintenance use limited to the following activities. Oil changes, fluid checks, tire

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replacement and servicing, brake checks and servicing, battery checks and servicing,

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muffler and exhaust repair, power steering checks and servicing, suspension shocks and struts repair, alignment checks.

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Hold on a moment. I just lost my start here.

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Alignment checks. I'll be right with you.

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Alignment...

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Muffler, exhaust repair, power steering checks and servicing, suspension, shocks, and struts repair, alignment checks.

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Mr. Chair, there were two additional, sorry, air conditioning checks and repairs and state inspections.

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Wait a minute, wait a minute.

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Air conditioning checks and repairs and state inspections.

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Solomon, my vote is yes with the provisos.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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Thank you.

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Can't forget the expectations.

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Thank you, council.

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Thank you so much, and thank you for letting me go first.

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All right. Number one.

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Number one, MI 2023-002-475-3956 Parish Street.

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Alan Nockamson is the attorney.

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Recommendation of support from the Mantua Civic Association.

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Applicant also provides a petition in support signed by approximately nine neighbors, along with 12 letters, form letters of support.

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i'm back in as a panelist sir thank you good afternoon mr chair members of the board

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alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n right do you swear a firm

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to tell the truth the whole truth nothing but the truth i do could you identify your client

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the relationship to this property oh yes my client is yc investment llc the owner of the property

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and then the virtual audience is gazi out of seven it's representative our vice chair has

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just a few questions sir good afternoon counsel do you agree to waive the reading of the refusal

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and stipulate to his adequacy i do have you emailed them all the required documents and exhibits that

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need to be required to proceed with this case five days in the games of this hearing yes we have

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can you please proceed thank you

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uh so i'm here to present oops 39 56 uh paris street

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uh during our presentation uh we will first review the notice of refusal

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Then the letter of support from the Manitua Civic Association.

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then the letter of support from the manchewa civic association we also made a concern

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We also made a concerted effort to reach out to neighboring property owners.

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So we have a petition of support for this property.

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Again, we'll also review nearby recently granted RSA 5 multifamily variances, which goes to the heart of our variance request here.

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maps of the area, photographs of the property, our plans and drawings, our RCO meeting notice

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that we distributed to neighboring property owners, as well as proof of mailing to those

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property owners, our applications for appeal that YC Investment LLC filed in connection with

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this zoning request, our deed to the property showing that YC Investment LLC is the owner of

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the property and their Certificate of Tax Clearance. Again, in the virtual audience is

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Ghazi Ada-7. At the conclusion of my presentation, I would ask that Mr. Ada-7 virtually raise his

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hand, be sworn in, and then I have a few questions for him about my presentation.

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First things first is the notice of refusal. So we're an RSA-5 property. We're looking to put

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three family dwelling units in here and we have two refusals first one we don't quite understand

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there is no uh structures building structures on our side of the block uh but it's saying that the

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front line of our building structure doesn't line up um i'm assuming that uh with it with the

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neighboring building structure i assume they mean the building structure on the other block

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Our block is a porch block across the street. And I don't know exactly if they're pertaining

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to our side of the street, which is on the other block, which is just row homes or across the

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street, the porch. But we did not understand that one. But what we're proposing mimics what's on

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our side of the block across, you know, the next block over. The second refusal has to do with

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multifamily use. We're proposing three units. This is a 1,659 square foot lot. So three units is

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reasonable under the circumstances, in our opinion. So we met with the Mantua Civic Association.

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As you can see, we received unanimous support from the people in attendance at the meeting.

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We also made a concerted effort to meet with as many of the neighboring property owners as we could.

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Again, on our side of the street, there's no building structure.

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So most of the people that we met with were on either North Union Street or North 40th Street, and then the block over of us on Parrish Street.

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But we really, you know, focused our efforts on properties within a 250 square foot radius of us.

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And then here are the addresses of those properties that are displayed in the map.

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And then there's also not just the petition, but the letters of support as well.

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And there's not a character for RSA 5 properties to receive approval from this board for multifamily use.

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Here, 769 North 39th Street received similar approval for a triplex.

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3974 Reno Street received approval from this EBA for multifamily use.

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And then even if you look at the zoning map, there's mixed zoning in this part of Philadelphia.

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There's RM1 use.

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There's CMX1 use.

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There's RSA5 and RSA3.

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But on our block further down on 40th Street, it's multifamily in nature.

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And then, again, to reiterate, there's no building structures on our side of the street on Parish.

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So as you can see here, this is in the front of our property.

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Here's proof of us posting the property with the hearing notice for today's hearing.

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And then this property has been vacant for some time, as you can see.

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So, again, we're hoping that this variance will allow this property to be developed.

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And the community even stated that they're hoping that this initial use of the property will encourage others to develop this block that's vacant on that side of Parrish Street.

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And then this is Parrish Street, you know, to I can't see it.

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Hold on a second. Let me see. Blocking. Oh, there you go.

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Parrish Street to the right of the property.

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power street to the left of the property and then there are plans and drawings um what we try to do

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And then there are plans and drawings. What we try to do is mimic the brick facades that you would see in this part of Philadelphia.

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is mimic the uh

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So you have a flat brick facade, a cornice, lentils. Because this is an extra wide property, we elected to have an interior alleyway where people can, you know, store their trash in the rear for all occupants and move it along to the front of their property as well.

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and again we're not asking for any dimensional variances because this is a rather large lot of

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1,659 square feet and then the layout of the building structure is simple the first floor

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and lower level is unit number one and that's a two-bedroom two and a half bath the second floor

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is unit number two and that's a two-bedroom two bath and the unit number three is on the third

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floor, which is also a two-bedroom, two-bath. And then we met with the community on August 31st

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at 5.30 p.m. It was an in-person meeting. 154 addresses were notified in the meeting,

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listed those addresses, proof of mailing to those addresses, or applications for appeal that we

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filed on behalf of YC Investment LLC, along with the notice of refusal, the project information

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form, the deed to the property, showing that YC Investment LLC is the owner of the property,

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and our Certificate of Tax Clearance, showing that no taxes are due with respect to this

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property as it pertains to real estate. With that being said, I would ask that Mr.

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Adesabin virtually raise his hand and be sworn in.

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He's been allowed to speak.

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sir could you state your name please and spell for the court stenographer

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yes my name is gazi g-a-z-i last name is ataseven a-t-a-s-e-v-e-n

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didn't i swear you once before today yes yes sir okay uh proceed counsel uh yes mr ataseven you

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heard everything i had to state today about your zoning matter yes and is it true and correct

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yes and do you adopt that testimony as your own yes i will thank you um questions from the board

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questions or comments from the virtual audience

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i do not see any hands mr chair planning commission

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good afternoon chair peter bernard for the planning commission

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The comprehensive plan recommends no change to the existing RSA-5 single-family zoning at this location.

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The zoning was reviewed and confirmed as appropriate as part of a community-led remapping in 2017.

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We feel the applicant has failed to demonstrate a hardship that would justify the additional units.

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Accordingly, the Planning Commission recommends the Board deny the variance.

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Mr. Nockmson, do you want to respond to anything before we...

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Yeah, so twofold.

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As I pointed in during my presentation, there are two other instances within a block radius where this board similarly granted variances for multifamily use, one on Reno Street and one on North 39th Street.

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These lots are rather large. And given the current environment of high interest rates and rising construction costs, it would be economically infeasible for my client to build a single family house.

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And this property has been vacant since as far back as 2007.

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I can't, you know, that's as far back as Google Earth goes.

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So the current zoning classification, this property is preventing it from being developed.

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In addition, as you saw, we are next to RM1 properties.

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So again, what we're offering is not out of character to what you expect from this part

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of the neighborhood.

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And then finally, it's not just our property that hasn't been developed on this side of the block.

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There's not one house or building structure that is on our side of the block on the 3900 block of Parrish Street.

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For all those reasons, we believe there is a significant hardship for us to comply with the Philadelphia Zoning Code.

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And thus, we ask for the granting of this variance.

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Thank you.

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M.I. 2023-002-475-3956 Parish Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is no.

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Thank you.

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Thank you.

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Number two, MI 2023-002-413-2201 South 3rd Street.

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South 3rd Street. James Snell has recused himself for this. Henry Clinton is the attorney.

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James Snell has recused himself for this.

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They're coming back in as a panelist, sir. Thank you.

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Good afternoon, Mr. Chairman. Hi, Mr. Clinton. Could you state your name and spell, please,

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for the court sonographer? You are Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you identify your client in a relationship to this property?

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Sure. The client is the Electrical Workers Joint Apprentice Training Fund.

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And my representative is the Director of the Apprentice Training, Brian Myers, M-Y-E-R-S.

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He is on the call.

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Our vice chair has just a few questions, Mr. Clinton.

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Good afternoon, counsel.

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So do you agree to waive the reading of the refusal and stipulate to his actors?

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I do.

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Have you emailed in all the required documents and exhibits that are 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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Thank you.

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Please proceed and share your screen.

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Thank you, Mr. Sheehan.

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No problem.

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