civus
Hearing video

ZBA Hearing - February 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 23, 20224h 10m

And thank you and everyone that we work with on this.

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It's really been a team effort.

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Thank you.

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Thank you.

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Councilwoman Sanchez, non-opposition.

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Zhang Yi is the owner.

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Chair, King Yi has been promoted to panelists.

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Okay.

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Could you state your name and spell it for the court reporter, please?

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Excuse me, you need to unmute.

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Hover over the bottom left of your screen.

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Yeah, right.

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Okay, can you hear me now?

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Yes.

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Okay.

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Could you state your name and spell it for the court reporter?

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Yes.

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Yes. First name, Q-I-N-G. Last name, Y-E.

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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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Yes, I do.

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Our vice chair has several questions for you.

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Yes.

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Hi. Have you emailed the exhibit packet with the required documents, consisting of proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property,

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five days in advance of this hearing

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and have you met with the RCO

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and do you have a letter?

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Yes, I have.

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Okay, thank you.

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You may proceed.

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Thank you.

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I'm joining here today

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with my husband, Jack Shao.

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He's the one preparing all the documents.

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I am one of the owners

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of 2001 Outer Dock Street.

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We are seeking a use variance

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for a four-unit dwelling.

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We bought this property

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on April 16th.

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I don't want to interrupt you, ma'am, not to interrupt you. Do you have this on a computer? Could you put that up on the screen for us, your presentation?

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I am not really familiar with the Zoom. We have sent all the information.

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But you have to be able to display it so that everybody can see it. Is it on your computer?

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Yes, it is.

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Pauline, could you try to talk this through or time either one?

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When you hover near the bottom of your screen, do you see a green share screen button?

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It is, but it's somehow it's gray.

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It's gray like I cannot click on it.

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Let me see if you can promote it.

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okay okay i see screen so you open your document and then you hit that

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share screen button okay thank you so much so it's okay it is okay so um okay i'll just

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container. We bought this property on April the 16th, 2021 units as its condition which is a four

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unit apartment building. We later found out the property is currently zoned mixed use with

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commercial space on first floor and two apartments on the upper floors. The property has been used

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for unit apartments since 2002 and we are applying for the variance to make the

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building a legal four unit drawing.

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So this is the notice of refusal.

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So this is the notice of refusal, and we have the settlement sheet here, three pages.

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And here's my tax clearance.

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This is the letter of support.

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And this is where it located. It's at the corner of Damon Street and the Orthodox Street.

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This is a 3D view.

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And this is a photo of zoning poster. This is posted facing the orthodox street.

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And this one is posted facing Dickman Street.

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Here are some interior photos.

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And also have the project information form.

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Okay, and the last is the certificate of mailing.

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Okay, that's my presentation.

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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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No, Mr. Chairman.

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Questions from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Good afternoon, Chairman.

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Ian Litwin, Planning Commission staff.

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The comprehensive plan recommends this property for residential multifamily zoning.

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The building has a documented history of commercial ground floor with two dwellings.

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The proposal for two additional dwelling units is not the minimum needed to grant relief.

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The Planning Commission recommends the Board grant the use variances, but limit the residential units to a maximum of two.

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MI 2021-003664-2001, Orthodox Street. I vote yes.

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Carol Tenere, my vote is 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 Shaheed, my vote is yes.

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Thank you.

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MI 2021-004-662-2001-53 Argon Avenue.

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Gerada State Residence, letter in support.

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Gussie O'Neal.

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chair miss o'neill is coming back in as a panelist now

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good afternoon hi miss o'neill could you state your name and spell it for the court reporter

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please sure my name is augusta o'neill it's spelled a-u-g-u-s-t-a last name is spelled o

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apostrophe n-e-i-l-l do you swear a firm to tell the truth the whole truth and nothing but the

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truth? Yes. Our vice chair has a few questions for you. Hi, good afternoon. Do you agree to

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waive the reading of the refusal and stipulate to its accuracy? Yes. It appears that you've

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submitted all the necessary documents. Is that correct? That's correct. Okay, you may proceed.

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Thanks so much. Good afternoon, members of the board. I'm here this afternoon representing

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Grocery Outlet. They are a tenant in the Oregon Avenue shopping center that's located at 2001 to

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53 Oregon Avenue. Grocery Outlet, just by way of background, is a company that sells both name

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brand groceries and farm fresh produce at up to 40 to 70 percent off of what you'll find in a

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typical conventional grocery store. They have a history of being generous community partners

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in the areas where they have stores, as you can see from the community giving information that

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provided starting at page 11 of your exhibit packages. Grocery Outlet has started to branch

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out into the East Coast. They are primarily a West Coast company, but they have a couple of

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locations that they've opened in Philadelphia, including one on Hoarder Street, and this is

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going to be one of several that they're opening. So they are trying to expand their brand presence,

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like I said, over on the East Coast. So as such, having recognizable signage is, you know,

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important to them as they're trying to grow their East Coast presence, which is the reason that we're

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here this afternoon. The store at 2001 Oregon Avenue is going to be opening on March 3rd of

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this year, so just in a few weeks. So we are here really to just ask for a very straightforward

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um straightforward dimensional refusal so you can see from the refusal refusal that

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dimensional refusal. You can see from the refusal that

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is up on my screen we are allowed to have 657 square feet of signage we're proposing 735.5

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square feet so in this cmx2 zoning district we're just really asking for about 78 additional square

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feet from what we've, from what we're allowed to have. So as you can see, this is the shopping

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center where this Dollar Tree is, is where the grocery outlet's going to be. Morgan Avenue is

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a fairly busy four-lane street, hence the need for some larger signs than what's permitted in

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the zoning district. And just for context, up on my screen now are pictures of what the Dollar Tree

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signage currently looks like, what we're proposing. So what we're proposing here is actually going to

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be slightly smaller than what's currently at the Dollar Tree. These signs would have no negative

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impact on the neighbors or the surrounding area. By contrast, having this store here is going to

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to be a benefit to the area residents, not only because of the products that they're selling,

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but also because their grocery outlet is going to be employing a lot more employees at the store

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than what's currently at the Dollar Tree. We did meet with the RCO for this property,

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Gear Gerard Estate Area Residents. We finally met with them after several months of reaching out.

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We met with them on President's Day, so just Monday of this past week. And we do have their

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support with the proviso um which has to do with traffic on the street it doesn't necessarily have

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to do with the signage but i'd be happy to get into more detail if the board would like me to

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um and with that i would just like to call forward luis marcelino ruiz who is my client

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and the representative from grocery outlet so luis if you could hit the raise hand feature

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Could you state your name and spell it for the court reporter, please?

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Mr. Marcellino, you can unmute yourself and wait for the chair.

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Yes, my name is Luis.

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State your name and spell it for the court reporter.

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Okay, and spell it for the court reporter, please.

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L-U-I-S, Luis Marcellino, M-A-R-C-E-L-I-N-O.

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Thank you.

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

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yes thank you proceed uh good afternoon louise did you have a chance to hear my testimony this

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afternoon yes and was everything that i represented to the board true and accurate

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yes thank you so much uh members of the board i would submit our case for consideration if

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there's uh any need for rebuttal i would just like the opportunity to rebut necessary sure

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question questions from the board no mr chairman no mr chairman

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questions from the virtual audience

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chair i see no hands at this time planning commission good afternoon chairman members

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of the board ian litwin planning commission staff the comprehensive plan recommends no

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change to the commercial zoning for this property the proposed sign variance is

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minimal and in keeping with the character of the block the city planning commission recommends

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that the board grant to propose dimensional variance thank you mi 2021 004662 2001 to 53

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oregon avenue i vote yes carol tanari my vote is yes thomas holloman my vote is yes

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james snell my vote is yes

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thank you very much thank you thank you

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so the next case will be three cases together mi 2021 004756 2046 north carlisle mi 2021

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01-004-750-2048, Carlisle. MI-2021-004748, 2044, North Carlisle. No RCO letter. Their word meetings. And attorney is Alan Nockamson.

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Chair, Alan Nockamson is coming back in as a panelist now.

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good afternoon mr chair members of the board alan knockamson of knockamson pc

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alan a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n-1-2-3 south broad street suite 1600 philadelphia pa

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Suite 1600, Philadelphia PA, 19109.

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1-9-1-0-9

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You swear

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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.

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The vice chair has a few questions.

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Hi, Mr. Nockmson.

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Do you agree to wave the reading of the refusals and stipulate to their accuracies?

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I do.

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It appears that you've submitted everything required in the exhibit packets.

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Is that correct?

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That is correct, including a letter of non-opposition from the coordinating RCO, the 32nd Democratic Ward.

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Okay, thank you so much. You may proceed.

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All right, thank you. May I share my screen?

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Yes, you may.

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So we're here today for three properties, 2044, 2046, and 2048 North Carlisle Street.

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These properties are in the heart of the Temple University section of Philadelphia.

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In my presentation packet, you will see our notices of refusal. Each of these properties are SP-INS, Special Purpose Institution, and there's a reason why, because we are blocked from the Temple University campus.

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Many of these properties in this neighborhood are used for the benefit of housing that's utilized by the students there.

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We have correspondence from the 32nd Democratic Ward.

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I believe when we initially submitted these materials last week, we were still waiting for the letter.

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But we received a letter yesterday and we have updated our materials accordingly, showing that it's a letter of non-opposition by the organization.

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We have examples on Exhibit 3 on the 2000 block of North Carlisle Street of similarly situated properties, which have been approved as triplexes.

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Exhibit 4 are maps of the area from a zoning perspective and a Google Map perspective.

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Exhibit 5 are photographs of the property in the surrounding area.

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Exhibit 6 are plans and drawings.

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Exhibit 7 are RCO meeting notices showing that we met with the community and proof that we mailed a notice to the community of the community meeting.

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Exhibit 8 are applications for appeal that we filed to the ZBA.

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Exhibit 9 are deeds to the property showing that N. Carlisle ST LLC is the owner of the properties.

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Exhibit 10 are certificates of tax clearance showing they're in good standing.

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With me today, I have Omar al-Sayed, the representative of the corporate entity who will adopt my testimony and can take any further questions if necessary.

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So first things first, the notice of refusal, they're all the same.

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We're not asking for any dimensional variances here.

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We're asking just to allow each of these properties to be triplexes here.

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originally this property owner did come to the zoning board to ask merely for duplexes but the

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change in the environment in terms of building costs and such it just became too overwhelming

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for just to allow for duplexes again these are spins so it's not common to have this type of

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density on campus and it's actually encouraged by the zoning code of philadelphia so we're meeting

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in line with what we're asking for instead of for group living we're merely saying for to allow us

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to have three separate units for each one and that's consistent throughout all these refusals

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that's the same refusal again we met with the 32nd democratic ward we had a meeting with them

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