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Hearing video

ZBA Hearing - October 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20217h 13m

I do.

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Please proceed.

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Hi, we're a couple doors down from this building.

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We've been here since 2005.

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I have a couple questions.

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One being, is the sale of this building contingent on these variances passing?

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That's really not an issue that the board will take up.

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Fine.

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Okay.

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And as to the, it was mentioned that there was a, the building hasn't been used for the past 15 years.

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And I don't know if it's a schematics thing or what, but what, this building has seen plenty of use in the past 15 years, as well as plenty of neglect by whoever the owner was.

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but um i i have never seen that anybody it looks like the argument here is that

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things in the past have not worked due to the location or due to the lack of curb cuts

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or lack of parking but um i think the neighborhood consensus here would be that it was a lack of

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upkeep of the building um so i i don't know if you guys can make clearer the the lack of use in

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15 years thing well why don't we if we could with all due respect just stick to you whether what

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your position is as it relates to this development not what was prior use or not prior use no problem

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um we we are against yes okay thank you anyone else to testify chair this is sharon i'm i just

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wanted to tell you that um miss sunkett checked the rcozba mailbox and there was a letter from

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Fishtown neighbors in opposition I am forwarding that letter to the board now

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I mean I haven't I haven't seen it Mr. Chairman but

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we'll get a copy to you I will send it to you too Mr. DeMarco thank you I just want to say

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Mr. Chairman that there's been multiple owners over the past during the vacancy of this property

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my client owns has owned the property only for the last two years so any neglect there might be

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some neglect by prior owners but it's it's it's a function of the hardship proposed by the property

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it's not usable it's an industrial property in the middle of a residential zone the testimony

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and the residents confirms that there's been some nuisance activity it's it's you know it's hard to

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maintain an empty structure in the neighborhood without having problems and you can see it from

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a lay person's standpoint it's no longer usable it's obsolete it's for an industrial user it

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hasn't been operating in an industrial capacity,

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maybe some storage by some of the owners,

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but that's not a real use.

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It's clearly obsolete and needs to be able to develop.

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We are proposing, okay.

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I think you made your point in your spoken.

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Thank you, Mr. Chairman.

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Thank you.

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Anyone else?

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So something new and different.

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Mr. Chair, I have Morgan Jones with the hand raised,

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I will allow him to speak at this time.

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Hello, can you hear me?

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Yes, please spell your full name.

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My first name is Morgan, M-O-R-G-A-N.

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Last name is Jones, J-O-N-E-S.

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

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I do.

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Thank you, sir.

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Please proceed.

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I own the home directly across Wildey Street from this.

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I lived there just 20 years.

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And my concern with this design is it does not put first floor eyes on the street.

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this is creating a block of garages. And I think putting the garage in is what's requiring the

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height variance. And I see no reason why this can't just conform to RSA5 zoning, be a three

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story home with first floor eyes on the street. That street has always been a desolate street

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that's attracted, you know, problems. And I lived across the street. I've had a lot of problems with

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break-ins and the like. I think this could very easily be a three story home with, you know,

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no no garages facing willy thank you very much thank you thank you anyone else

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miss katherine or with her hand raised i will allow her to speak at this time

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morning ma'am please spell your full name and i'll swear you in uh katherine or k-a-t-h-e-r-i-n-e-o-r-r

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

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I do.

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Okay, please proceed.

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So I live at 1107 East Oxford.

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I'm Mark Duzak's wife who spoke earlier.

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Our garage is on slide 47, our gate.

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And do you have any elevation from the left side if you're looking at this building from Willby?

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So basically, do you have anything that shows what the building would look like that is butted up against our property?

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the building would look like that is butted up against our property?

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I do. I'm scrolling to it now.

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This is the rear elevation.

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That's the cross-section.

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When it will be, that's will be right.

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Right. So where that on the left side, where that gate is, that's our gate. Do you have

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anything that shows i mean will there be there's going to be no windows or anything on that side

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correct uh we would not be permitted to do that to do windows okay i just wanted to double check

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because i hadn't seen anything um okay and also i'm in favor of the curb cuts just like mark said

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i do think the first one's going to be a little dangerous but maybe this will actually stop people

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from driving the wrong way down the street so that could actually be helpful um but i did want

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to say our immediate neighbors on Oxford all have their own garages with curb cutouts and conform to

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the height variance. Obviously, we're a little older buildings on Oxford, but there are some

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that are brand new, but same thing, they conform to the height and they have garages and curb cutouts.

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So for that reason, I am against any height variance. Thank you, ma'am. Anyone else?

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and please something new and different no further answer this time sir thank you planning commission

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thank you chairman tico ian hegarty for the philadelphia city planning commission

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members of the board the comprehensive plan recommends no change to the existing zoning

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on this site which council has noted uh is being evaluated fully as a cmx2 zoning district covering

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the entire site because of the split lock condition the proposed dimensional variances

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on this corner lot are minimal and we don't feel they conflict with the purpose and spirit of the

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zoning code the ground floor non-commercial use is also justified as the property is not on a

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major commercial corridor city planning commission would recommend that the board grant these

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variances. Thank you very much. Thank you. Mr. Chairman, if I may, I would just note that we

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have shadow studies in your packet which show a very minimal impact. Mr. DeMarco, thank you.

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Thank you. All right. MI 2021-001860, 1102-04 East Columbia Avenue. My vote is yes with the

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Proviso, Revised Plan 1 page, approved today.

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Carol Tenere, my vote is yes with Proviso.

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Confessor Plaza, yes with Proviso.

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James Snell, yes with Proviso.

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Thomas Holloman, yes with Proviso.

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Thank you, we'll now go to case number four.

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Thank you, everybody, have a good afternoon.

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Thank you.

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MI 2021-002097, 1826 West Thompson Street.

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Paul Toner is the attorney of record.

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Beach Community Services sent a letter of support.

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Mr. Toner has been promoted to panelists, sir.

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Good morning, Mr. Toner.

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Please identify yourself, spell your name, and I'll swear you in.

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Good morning, Mr. Chairman.

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Paul Toner with Orphanese.

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and Toner, we're counsel for the applicant in this case, Raza Thompson Properties, LLC.

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

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I do.

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Thank you. Please proceed.

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Thank you.

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Excuse me. I'm sorry, Ms. Tenere has questions for you.

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Hi, Mr. Toner. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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We do, yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos under plans of the property five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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Yes, with the caveat that there was a transmission issue on Friday that we fully corrected yesterday.

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Thank you. You may proceed.

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Thank you. We're here today with a property right next to the St. Joe's Preparatory School and

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butting on the other side, Girard College. This is two single family lots that are currently

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vacant. My client is proposing to take the vacant lots, consolidate them into one.

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The unconsolidated dimensions are 16 by 60, so they're large lots. The consolidated lot

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dimensions will be 32 by 60. Part of my zoning packet today, we have our standard documents

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including the notice of refusal, our letter of support, our floor plans, our zoning plan,

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the lot consolidation plan, renderings of the property, a depiction of surrounding conditions,

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renderings of the property, a depiction of surrounding conditions, an aerial view of the

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an aerial

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property, proof of compliance with our 14303 RCO notice, our application to appeal, site photographs,

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zoning archives from the two properties at issue in this case showing that they had previously been

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approved for triplexes. So the zoning archives has a document history of each lot having three

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separate units approved so a total six we're asking for five today we also have our posting

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photographs our tax clearance certificate as well as the last deed of the property

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in terms of refusal we have one refusal um we're this is the rsa5 zoning district and

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we received a refusal for having five units where one is allowed by right i'm sorry i do not have

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machine screen. We got it now, thank you. There you go.

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So this is an arrow view of the block in question, 1800 Thompson Street. This is the back corner of

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the Jesu Church at St. Joe's Prep. These are our two lots right here. There are the last two vacant

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lots on this block. Of note, before the board about three months ago was 1811 Thompson Street,

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which is right here, which was approved for multi-family uses.

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by consolidating the two lots into one large lot measuring

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32 by 60 the floor plans provide for very functional uses so for the five units in question

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unit number one is 1046 square feet unit number two is 1189 square feet

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unit number three is 1172 square feet unit number four is 1180 square feet and unit number five

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is 1180 square feet excuse me council yes can you can you enlarge the drawings

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for the basement level yes is that is that better yes

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so at the basement level i want to point out a few things um first of all the units uh unit one

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is a by level that shares um living space in the basement and living space in the first floor

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and then unit two is in the rear of the property but living space in the basement living space in

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the first floor both the front and the back have double egress wells this was a feature that was

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broadly supported by the beach community and was something that everyone looked very favorably upon.

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The units have either two bedrooms, three baths, and that's in units number two, three,

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four, and five, and unit number one has two beds and three baths.

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In terms of the zoning plan, I'd like to call out several features, including that the rear yard is going to be very large.

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This proposal is 100% dimensionally compliant with the RSA 5 zoning provisions.

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We, in fact, provide more open area than is required by minimum within the RSA 5 at 25.4%.

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Our rear yard is 16 feet 6 inches deep by 32 feet wide.

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And going back to the floor plan, the access to the rear yard is achieved through this alley that runs from Thompson Street to the back of the property.

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This alley not only provides access to the rear yard, but it also provides at the first floor level access to unit number two by separate entryway.

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And then in the backyard area, there's going to be dedicated trash storage areas.

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And then moving on to unit number three, which is on the second floor.

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Again, this is a loft style apartment, fully open each unit at the second, third, and fourth

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levels occupies the entire floor level with ample living space at 1172 square feet. The size of

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these units is essentially the same as a two-story single-family home in this neighborhood.

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And then we prepare, this is our Exhibit 8 in your packet. Exhibit 8 shows just how many

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Exhibit 8 shows just how many multifamilies have been approved and are in use within this immediate block and the surrounding block faces.

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multi-families have.

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There are a total of 17 separate multifamily lots.

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And I know when we were back before the board for 1811 Thompson Street, this was a multifamily that was actually approved and supported by the Planning Commission.

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So my client certainly intends to add something to the neighborhood that's inconformity to what exists. The materials have a traditional brick. There are no bay windows. There's living space, outdoor space at each level of the property facing Thompson Street.

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The neighbors like the eyes on the street. Again, the egress wells, two of them in the front, two of them in the back.

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And here we can see the three foot, I think it was two inch alleyway that leads from Thompson Street to the rear.

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Now, I do have Logan Dry from KCA Architects who's here.

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I can go through some of the design features if the board would like, or I can answer any questions first.

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i know sometimes thank you counsel my question would be do you have street approval for the area

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wells i'm sorry you came in and you broke up a little bit okay do you have street approval

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for the uh area wells the window wells so i i am not entirely sure i don't believe because

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don't have a curb cut that it was brought to streets for the prerequisite approval um

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perhaps logan dry could provide some insight on that

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thank you raise your hand yep can you guys hear me yeah please spell your full name and i'll swear

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you in sure logan dry l-o-g-a-n-d-r-y kca design associates 6525 tulip street philadelphia pa

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1-9-1-3-5.

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

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I do.

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Mr. Drive, Mr. Holloman had a question regarding, was there a streets department sign-off as it relates to the window well?

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Yeah, so any of our zoning plans that have any sort of encroachment, whether it's a, you know, bay overhead or whether it's a curb cut or any sort of encroachment like an egress well,

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You know, we get the streets department pre-approval prior to the issuance of the zoning refusal.

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So the streets department has reviewed this and approved them at a zoning level for the two proposed egress calls we have.

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And again, the provisions that they're flush with a walkable safety rate on top.

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So you have the street stamp on it?

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Well, so what they've been doing in Eclipse is basically for the zoning,

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They issue a letter that says it's been reviewed, which I believe we have, and if not, we can certainly send.

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But then what they end up doing is they'll put a stamp on the final building plan.

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So for the zoning, they'll just issue their letter through Eclipse that says that it's been reviewed and approved at a zoning level.

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And we do have that letter that we can provide.

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Can you show the letter now?

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Paul, do you have that or not?

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