civus
Hearing video

ZBA Hearing - January 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 19, 20226h 51m

mess. This is the rest of the salon with the private bathroom to the right, and

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there's also another staircase in case of any emergency. So we have two exits, but

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they have a private exit in the back, and I'll show you where they'll be coming

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in and where we will be using for parking just give me one second okay

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Okay, so this is 63rd Street, and that's right eight on the corner, and we are right here to

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the left where the white car would be, and that's also our parking, and we have a private driveway

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that holds five cars. Although it will only be a two-person salon, it will just be me and my

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sister working there. So we will only be having two people per person, which would be four max.

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I'm going to show you the driveway.

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This is our private driveway, which goes all the way to the back of the house with

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more room. And I'll show you the entrance. So if you come up the driveway, you have a walkway,

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There on the steps right here will be the entrance.

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We just got a banister there.

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And this is going down the steps into the salon.

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And this is the surrounding area around the neighborhood.

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And I'll give you a few more pictures.

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This is the front of the house.

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with that being it right here

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um and this is just another picture of our side of the street

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um yeah and it's pretty much it so like i said it would just be um me and my sister

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pretty small. We had an existence

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before

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COVID.

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And that's when we got the idea

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to utilize the space that we have.

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So,

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yeah.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions from the virtual audience or comments?

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Mr. Gregory Allen has his hand

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raised. I will allow him to speak at this time.

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Sure. Chair and board, my name is Gregory Allen, G-R-E-G-O-R-Y-A-L-L-E-N. I represent the RCO.

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Wait a minute. Wait one minute. Do you swear for him to tell the truth, the whole truth,

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and nothing but the truth? I do. Thank you, sir. Proceed.

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Chair, we've never had an RCO meeting where 100% of anyone agreed on anything.

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Thank you.

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Yeah, I'm sure you can relate.

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Ms. Ford and Ms. Geiger have complete support of her neighbors, all of whom live near her

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and neighbors throughout the community.

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In fact, she approached me early last year

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to try to get this done

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and has been struggling a little bit with her business

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because she wanted to do it the right way.

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So we are in full support of her application.

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Thank you so much for calling in, sir.

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Any other comments?

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Planning Commission.

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Good afternoon, Chair Bergman, members of the Board, David Fecto, City Planning Commission.

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The comprehensive plan recommends no change to the residential single-family zoning at

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this location.

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This home-based business appears to be accessory and secondary to the residential use of the

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building, and the applicant has shown that the home-based business will not alter the

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residential character of the building or the neighborhood, and so the City Planning Commission

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recommends that the Board grant the use variants for personal services.

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Thank you.

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MI 2021, 002610, 1117 to 19 North 63rd Street.

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I vote yes.

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Thomas Holloman, my vote is yes.

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Thank you.

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Ishmael Shaheed, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Thank you for your presentation.

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Good luck.

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Okay, Melita.

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You're all completed, and you will get your results in the email, okay?

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Thank you.

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You did a great job.

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Bye-bye.

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Thank you.

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Bye.

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Okay.

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MI 2021-002382, 3930 Brown Street, Mr. Nockamson, RCO, Mantua Civic Association, letter of support.

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Mr. Nockleton is coming back in as a panelist, sir.

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Jason.

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Jason, can you remove Ms. Ford?

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I can't do it.

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Something's wrong with my Zoom.

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He's been removed.

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Thank you very kindly.

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Turning as our attendee.

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Good afternoon, Mr. Chair, members of the board, Alan Nockamson of Nockamson PC.

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Mr. Holliman has a few questions for you, sir.

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Sure.

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I already swore you once.

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I'm sorry.

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Go ahead.

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Mr. Holliman.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Did you mail the exhibit package with all the required documents?

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Yes, I did.

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Please proceed and share your screen if you can.

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Thank you.

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Thank you.

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Oops, wrong one.

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Sorry.

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Let me unshare the screen.

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That's the next one.

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Sorry, technical difficulties.

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DOES EVERYONE SEE MY SCREEN?

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YES.

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Okay, great. So we are presenting 3930 Brown Street. And as indicated, we have the support

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of the community for this project, coordinating the RCO with the Mantua Civic Association.

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We'll go through our presentation materials, which include our notice of refusal, our letter

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of support from the Mantua Civic Association, recently granted zoning Board of Adjustment

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variances in close proximity to this project. As you'll see, it's not uncommon for the zoning board

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to grant similar type of variance requests. Maps of the area, photographs of the property

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in the surrounding area, our plans and drawings, proof that we had a community meeting and that

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the affected properties received notice of that community meeting,

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our deed to the property, our applications for appeal, and our certificate of tax clearance.

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Again, a notice of refusal. So 3930 is an RSA 5 property, but it's substantial in size.

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It's 1,422 square feet. And the properties that are surrounding that property are similar

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in size. And that's probably one of the reasons why the Zoning Board of Adjustment has seen

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an influx of variance requests for this part of town. You'll see in our presentation material

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and what we're requesting is a three-unit dwelling. You'll see in our presentation materials

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that the community actually supported this project and unanimously. There was no opposition.

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It was a well-attended meeting. We had seven people who attended that meeting and all of

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them were either in support or in non-opposition on this project.

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AND THEN JUST AS AN EXAMPLE OF SIMILLY SITUATED PROJECTS IN CLOSE PROXIMITY YOU HAVE 3860 BROWN

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STREET WHERE THE ZONING BOARD OF ADJUSTMENT UNDER APPEAL NUMBER 39950 GRANTED A VARIANCE

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FOR A MULTIFAMILY DWELLING FOR 3801 BROWN STREET UNDER APPEAL NUMBER 39952 THE ZONING BOARD OF

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ADJUSTMENT EQUALLY GRANTED A VARIANCE FOR THE INCREASED USE.

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AND THAT'S 3801 AS WELL. MAPS OF THE AREA, AGAIN, WE'RE IN THE HEART

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OF VANTUA. WE'RE ON BROWN STREET BETWEEN UNION AND 39TH STREET.

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AND THEN THIS IS JUST A MAP OF THE AREA FROM A GOOGLE PERSPECTIVE.

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and then photographs of the property it's it's a vacant lot it has been a vacant lot

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uh it looks like since at least 2000 and uh well it's been abandoned since 2007 i went on google

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uh earth myself uh just to confirm you know what the use has been and google earth goes far as

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2007. So this hasn't been an active property for over 15 years. Here are properties to

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Here are properties to the right of the property on Brown Street.

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the right of the property on Brown Street. As you can see there's

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As you can see, there's a vast amount of vacant lots on our side of the street.

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To the left of the property, again, a vast amount of vacant lots.

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One of the things I will point out is, like, you'll see this is a porch neighborhood.

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One of the things that was really important to my client, knowing Mantua, because I do present a lot in Mantua, is that this is a porch neighborhood.

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So we wanted a project that mimicked what, you know, you would see typically in Mantua.

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In addition to the variances that have been recently granted for 3860 and 3801 Brown Street,

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also 3938 Brown Street is a nearby RSA 5 multifamily structure.

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3921 Brown Street, again, is a nearby RSA multifamily structure.

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3908 Brown Street is a nearby RSA 5 multifamily structure. Again, it's not uncommon for this

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part of Philadelphia to be multifamily even though it has an RSA 5 designation.

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And then here's our plans and drawings. I'm just going to reduce the size of this.

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Again, what we try to do is mimic what the look and feel of the properties that surround

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us, again to emulate the porch feeling of Mantua, but with a brick facade.

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We weren't trying to put a center city product in Mantua.

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And I believe that's one of the reasons why they supported it, in addition to the similar

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use that has been approved by the ZBA and has been used in many properties surrounding

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this property.

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And then this is just our site plan, which were in your materials. Again, you can look

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at the site plan. This is, you know, the lots that surround us are vacant currently.

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And then just our floor plans. And again,

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Then what we have here is unit number one, which is bi-level with the first floor and

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lower level, second unit is on the second floor, takes the entire second floor, and

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then the third unit is on the third floor.

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And then we met again with Mantua Civic Association, and here's our letter.

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We met December 6th at 6 p.m. There were 168 addresses, so there was a great density of

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addresses that were informed in this meeting. And just to reiterate, no one at the meeting

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opposed the meeting, and we actually had either people voting in support of it or in non-opposition

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to it. And here are just our addresses.

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And then our proof of mailing of that notice.

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And then just our deed to the property showing that H&M Development LLC is the owner of the

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property.

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Our application for appeal to the ZBA with our notice of refusal and our project information

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form and our tax clearance certificate showing that my client is a good standing with the

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City of Philadelphia as it pertains to this property.

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With that being said, I have Joe Ades-Evin, a representative from the property owner who can adopt my testimony. So, Mr. Ades-Evin, if you can virtually raise your hand, that would be great.

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I'm not allowed to speak.

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Good afternoon, court members.

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Mr. Ades-Evin, could you state your name and spell for the court reporter?

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g-a-z-i my name is gazi r-a-7-a-t-a-s-e-v-e-l my address is 24 24 east york street Philadelphia

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you swear for him to tell the truth the whole truth and nothing but the truth

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yes i do proceed oh yes mr other seven you heard everything i stated today

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yes i heard everything and with regards to this project is everything true and correct

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yes and do you adopt this in your own testimony yes uh with that being said i i'm open to uh any

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questions from the board questions from the board no mr chairman no mr

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questions from the board no mr chairman

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no mr chairman no mr jim questions from the virtual audience or comments

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do you know other hands mr chair planning commission good afternoon mr chairman members

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of the board david effecto city planning commission the comprehensive plan recommends

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no change to the residential single-family zoning at this location the zoning maps here

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were changed in 2017 in accordance with the community-led process. The documents in the

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zoning archive do show that there are some standing homes that are multifamily in nature.

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However, since approximately 60% of the block is vacant, it's tough to characterize the block as

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being either multifamily or single family. So since there's no unique physical condition of

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this 1,418 square foot lot that would prevent it from being used in conformance with the zoning

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code the city planning commission is going to default to the existing zoning for guidance

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and we're going to recommend that the board deny the use variants thank you mi 2021 002382 3930

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brown street i vote yes thomas hollivan my vote is yes james snell my vote is yes

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Mr. Nockleson, I have a couple of your cases here, so we'll go right to it.

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MI 2021-002381-3861 Fairmount Avenue?

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Yes.

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The state name, you've already been sworn?

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Alan Ockamson, A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street,

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Suite 1600, Philadelphia, PA, 19109.

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