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Hearing video

ZBA Hearing - February 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 28, 20247h 19m

here is a picture of a neighboring property that is um of similar size and is a multi-unit um property

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this pictures of the block with a was showing multiple multiple address

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multiple properties are multi-unit on the block

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again a neighboring property that's already multi-unit

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and another this is property 1241 west tayoga that was granted a permit variant to be considered

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multi-unit which is also on the block similar here

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this is 1243 45 west tayoga also has a zoning change for it to be multifamily

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we held a meeting with the rco

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uh at the time there was a different attorney but he helped well he held the meeting with the rco

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this is on tayoga improvement yes

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this is a copy of the notice of the bookman notices that were mailed out

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this is a letter of support from the rco

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showing that the vote that seven other there were seven votes yes and no no votes

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okay all right so i just have one question uh council um understand that there is a

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a proviso that is looking to be enforced um do you all have anywhere where you're going to be

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throwing the trash at on this property?

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We will.

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We have talked about it.

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We don't have an exact plan now,

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but I think more than likely

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we're going to get like some type of

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like bin or some of the sort

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in the back of the property.

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Okay, because this is an enforceable

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proviso of no trash

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under the front steps

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in front of the property.

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Understood, Chair.

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all right questions from the board no mr vice chairman no vice chair

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questions from our attorney hillary emerson i just like quick clarification um mr ukta is

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your client in agreement with the proviso suggested by the rco yes okay thank you

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any questions from the virtual audience

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i see no hands at this time vice chair planning commission sorry excuse me mr vice chair did

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mr okta want his client to adopt his testimony i believe he said his client was present in the

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i believe he said his client was present in the audience okay yes yes um let me see if if i see her

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audience okay yes yes

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tanya are you in the are you on the zoom at the moment i know we were talking this

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morning i'm not sure she had to hop off tanya jefferson has been okay

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tanya could you yes i'm here yes i agree can you please can you please uh for the court reporter

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tanya jefferson t-a-m-y-a-j-e-f-f-e-r-s-o-n uh do you swear to tell the truth the whole truth

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and nothing but the truth yes i do please proceed counsel hi have you heard my testimony

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Yes, all of it.

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And you agree that it's true and accurate?

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Yes.

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And will you adopt my testimony?

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Yes, I will.

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Thank you.

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All right.

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I'm going to move on to the Planning Commission.

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Thank you, Vice Chair.

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Good morning, David Fechto with the City Planning Commission, Vice Chair and Board Members.

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

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In 2015, the city changed the zoning map in this part of the block from commercial mixed use 2 to residential single family 5, in accord with recommendations in the comprehensive plan.

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The application for a multifamily dwelling appears to match the character of the block.

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The city planning commission recommends the board grant the proposed use variance for three dwelling units.

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Thank you.

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MI-2023-003682-1215, West Hyelda, my vote is yes, with proviso.

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No storage under the front steps.

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Thomas Holliman, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Thank you.

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Number eight, MI-2023-004870, 5702-04, Chu Avenue, Giuseppe and Adam Marino.

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Giuseppe or Adam Marino, please raise your virtual hand.

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mr vice chair this is a case for which um we received no exhibits it is the first listing

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yeah so we're going to go ahead and continue this case is no one raised their hand

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there are no hands up at the side vice chair all right we're going to continue this case

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mi-2023-0048705702-04 true avenue this case is being continued

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Next case is number nine.

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MI-2021-002827,

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2132 North Darien Street,

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Rachel Prickster is the attorney.

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Vice-Chair Rachel Prickster is coming back in as a panelist now.

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Good morning, counsel.

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Good morning.

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Please state your name and spell it for the court recorder.

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It's Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

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

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Yes.

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Can you please tell us about your client?

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Yes.

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The client is, I'll just pull up the full name of it, Urban Real Estate LLC, and that's the owner of the property.

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All right.

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Our board member, Mr. Holloman, has a few questions to ask.

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Okay.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal and stipulates to its accuracy?

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Yes.

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Did you email all the exhibits and documents as required five days in advance to this hearing?

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Yes. Thank you. Please proceed and share your screen. Thank you. I'm going to let the board

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know today is my 35th birthday. Oh, happy birthday. Thank you, but I'm glad I get to share it with you

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all. I very unsarcastically will tell you are some of my favorite people in the city, so it's a good

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way to start my day. Great, great, great. So this is for an erection of an attached structure,

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a roof deck and a roof deck access structure for use as a two-family household living.

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as a two-family household living. Correct. So my screen, you can see

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Correct.

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2123 Darien Street. It is a vacant lot. It is on a block that has over 50% of the lots vacant

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and in an area that has a lot of vacancy as well.

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The property is a middle lot.

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And I'm just going to bring up our refusal.

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The property is on RM1.

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So it is zoned for multifamily.

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We generated two refusals.

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And as mentioned, we are looking to erect an attached structure,

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roof deck, roof tech access structure, and for two units. RM1 has certain dimensional requirements

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that doesn't allow for two units on the site, although it is zoned RM1. So we're asking for

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some dimensional variances and a use variance to do the two units and also to only provide

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five feet for rear yard instead of seven. And as mentioned, this is a small lot. So some of this

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is just obviously given the size of the lot and although it is zoned from a use perspective

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for RM1. I'm just going to go to the zoning maps. As you can see, all these blocks are RM1

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and as mentioned earlier, I think 45 of the lots are vacant land according to Atlas and

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And clearly, with the amount of vacancy and not having single-family home development, the lease modification of the code, we believe, is two units, again, still in character with the nature of the block.

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And just given the particular nature of this property just being kind of short and squatty, it doesn't allow for two units by right.

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So that's what we're here for, in addition to, again, asking for some relief about two feet for a five-foot rear yard instead of a seven-foot rear yard.

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just gives the board a good idea area of the sort of vacancy on this block and some of the lack of

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development. And again, just asking for two units for a viable project. And again, only dimensionally

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asking for the rear yard to be five feet. I'm going to go through the plans. The architect

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wasn't able to be here today, but so I'm going to do sort of my best. As you can kind of see,

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this is the project on Darien Street. We sort of have set out our project, again, just rear yard

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dimensional variance, and then, which I believe is de minimis, just two feet, and then the proposal

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for the two units. Every other part of this project is going to be complying with the code as far as

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dimensional requirements for height, side yard, and dimensions. And you can kind of see we're

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proposing a four-story structure, not to exceed 38 feet in height with a brick facade as well.

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I would like to bring on my client, if possible, Salim Payne, while I go through just the RCO

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process. We met with APM, and they offered us a letter of support, which I will bring up here

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of the zoning posters, just also shows some of the conditions of the site. So development will

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definitely add to the neighborhood, help bring some revitalization, eyes on the street on this

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block in particular. And our design is sort of in character with the adjacent buildings that

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do have structures on them. Here's proof of mailing. This was the letter from APM. We met

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them back in October and they submitted, as you can see, support for our application.

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Okay, let's get your client on if we can. Yeah, is there a Salim Payne in the audience?

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Salim Payne, if you're in the audience, please raise your virtual hand.

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I see no one by that name, Vice Chair.

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You and I, we can accept your testimony.

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Thank you.

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Questions from the board?

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No, Mr. Vice Chairman.

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No, Vice Chair.

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Any questions from our board attorney, Hillary Emerson?

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Not at this time, Mr. Vice Chair, but happy birthday, Rachel.

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Thank you.

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Any questions from the virtual audience?

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i see no hands at this time vice chair planning commission thank you vice chair

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Planning Commission.

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Thank you, Vice Chair, and good morning, David Fecta.

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and good morning david vecto with the city planning

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With the City Planning Commission, Vice Chairman and Board Members, the comprehensive plan recommends a change in zoning its location from residential multifamily to residential single family.

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This neighborhood still carries its original 1933 zoning.

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This is a 558-square-foot lot.

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We would argue that this small lot size presents a clear hardship requiring the proposed variance for rear yard depth, and the large number of vacant lots makes judging the character of this block very difficult.

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The City Planning Commission recommends that the board grant the proposed dimensional variances for lot area and rear yard depth.

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Thank you.

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uh mi-2021-002827 2132 north darien street my vote is yes thomas holloman my vote is yes

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james snell my vote is yes thank you birthday thank you

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uh number 12 mi-2023-005627 uh 2856 south sydenham street

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uh attorney henry clinton henry clinton is coming back in as a panelist now vice chair thank you

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good morning mr vice chair good morning council how are you good doing well please state your

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name and spell it for the court reporter sure henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n

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you swear to tell the truth the whole truth and nothing but the truth i know uh can you please

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uh let us know your relationship to the client sure the client is francis f-r-a-n-c-e-s

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janelli j-a-n-e-l-l-i she is the owner of the property and she is on the call thank you um

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our board member uh mr holliman has a few questions to ask good morning counsel do you

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agree to waive the reading of the refusal and stipulate to his accuracy i do mr holliman did

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you email all the exhibits and documents as required five days in advance to this hearing

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i did except recently within the last couple days i sent in the tax information from revenue

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thank you please proceed and share your screen thank you mr halliman

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is that visible mr shahid yes it is all right again good morning mr vice chair members of

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the board i'm here on behalf of francis janelli concerning 2856 south sydenham street this is the

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table of contents containing exhibits A1 through A10, which I will walk through for the board.

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First is a refusal. This is a single-family district, and we're asking to put a third

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floor on the property. Ms. Janelli has owned the property since 2008. She's married. She has two

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children. She wants to keep the house, remain in the neighborhood. Her family is all in South

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Philadelphia, many within walking distance. And as you've seen in other neighborhoods in the city,

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typically in Point Breeze and Graduate Hospital, there is a move afoot to put thorough stories on

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some of these smaller homes in the neighborhood because people like the blocks they live on,

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they like the neighborhood they live in, and they want to stay in the city of Philadelphia.

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So that's the background. The refusal, there's two refusals. The first one

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concerns the open air occupied area of the property and you'll see when I show you the

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site plan that we're really not shrinking the rear yard. What we're doing, we're cantilevering

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a little bit on the upper floors and when you cantilever and the zoning examiner looks at the

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code, that's considered a shrinking of the rear yard but in actuality we're really not shrinking

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the rear yard. So the real issue today is we have two-story homes on either side of the property,

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and we're asking to put a third story on an existing two-story. And you'll see later,

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in addition to the support of the RCO Broad Street West, which was five to zero, we also

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had the support and we have a signed petition from neighbors on either side.

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So, Ms. Gianelli went to the neighbors, talked to both neighbors on either side, and neither one of them have any issue with the property.

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This is the letter of explanation from the RCO indicating that the third story would be permissible.

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These are letters, excuse me, petition of support.

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And you can see we are 2856, and you can see 2854 and 2858.

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Both are in support of this third floor addition.

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In fact, you know, as an aside, during the meeting, there was one person at the meeting who asked for the name of the architect because he's interested in putting a third floor on his home.

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asked for the name of the architect because he's interested in putting a third floor

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on his home. So this is an area of photograph, just to give you some perspective. At the bottom

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of the screen, where my cursor is, that's 15th Street, and you can see other people in the

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neighborhood have put third stories on their homes where my cursor is. Sydenham is one street

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west of 15th. It's a little bit wider than some of the streets in Graduate Hospital and Point

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Breeze, like Pemberton and Cater Street. This street doesn't have parking on the sidewalk.

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People were able to park right on the block. And I'm showing you the rear of the property just to

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show you that people have attempted to extend the rear of their property. We're only extending the

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rear by three feet, not impacting the rear yard, and we're going up one story. This is the front

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of their home now. The idea is to put a third floor on and we're going to try to match the

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