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Hearing video

ZBA Hearing - February 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 8, 20234h 56m

on June 22, 2022. We had about 15 people in attendance, including myself, the developer,

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and the architect. The community had some requests for changes in terms of trash storage

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and outdoor space, so we made a revised plan to address those concerns. We had a follow-up meeting,

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And these were in-person meetings. We did a follow-up meeting on October 27th. At that meeting, the Miss Bennett from St. Elizabeth's RCO conducted the meeting or had the meeting, but only one neighbor showed up. Nobody else attended.

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So we met twice with the community technically, but I don't have a formal vote because they wanted us to come back. So, but we've presented, I say we appeared twice with the community to present our case.

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all right thank you all right cool let's work our way through the case excellent i'll run

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through the exhibits uh efficiently uh just as a matter of prerequisite at exhibit 11

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is a copy of our zoning appeal exhibit 12 are photographs showing the properties posted with

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the zoning notice the picture on the screen the vacant lot is 1816 van felt the property to the

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left on the screen to the south is 1814 Van Pelt, which is an existing three-story structure.

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We did meet with the community. The 14303 notices are at exhibit 13. And again, there were two

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meetings, one in June 2022 and one in October. Our deeds to both properties are at exhibit 14.

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and the tax clearance that I provided is the tax payment records showing 1814 Van Pelt has no taxes

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due except for the current year which are not yet due and 1816 Van Pelt are actually paid through

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this year already so we have zero balances at this time the request here for my my client's

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request is at 1814 Van Pelt, which is the existing three-story structure. And I'll show you on the

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site photos, it currently has structural issues. So the goal is to do a partial demolition of the

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property, but save it, build a rear addition, rebuild the rear basically. And the request is

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for a three-family dwelling at the subject property. We are zoned RSA 5, which generated

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one use refusal. With regards to 1816 Van Pelt, the vacant lot, we are asking to basically do

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the mirror image of the existing building on the lot at 1816 Van Pelt. And again, the request is

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for use for a three-family dwelling. One use refusal was generated. Exhibit three is the zoning

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map for the subject property in the immediate area. The 1814 Van Pelt is highlighted in the

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middle of the screen. It is RSA 5. The other uses around the property to the south is a special

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purpose district. It's a park and a ball field. And the other uses are CMX 1 and RM 1 in the

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immediate area. The second page of Exhibit 3 is an aerial view. I call it the address map

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because it shows the addresses of each of the partials on the 1800 block of Van Pelt.

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And what I'd like the board to notice is 1814 Van Pelt has the blue dot on it.

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1816 is the vacant lot to the north.

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And the other properties on this block, there's approximately 58 parcels.

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32 are vacant lots at this time.

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And of the remaining existing housing stock, many of those are vacant, unoccupied, and abandoned.

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And we'll show you those on the site photos.

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exhibit four is just a satellite view looking to the west um which is the west side of the block

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is where the subject properties are on and again it just shows the vacant lots on the block as well

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as the interspersed houses that exist looking at page two of the same exhibit four it's looking

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the opposite direction east and on the east side of the block it's the same thing it's a bunch of

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vacant lots interspersed with houses some of which are vacant. Exhibit five are the site photos for

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the subject property and the block. Page one just shows the vacant lot at 1816 Van Pelt. 1814 Van

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Pelt is the three-story house. Again it has an orange L&I violation against it. There are structural

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issues that need to be addressed and will be addressed once we have a proper zoning permit

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in place so we can secure a building permit the properties to the south of the subject property

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uh there's about four or five vacant lots to the south then a single a single structure and then

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there's two vacant lots at the corner when you head towards the um to the south is montgomery avenue

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so council council go back can you go back to the uh

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so council council go back can you go back to the uh yeah right there so when you say you're

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I'll see you next time.

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going to do some structural uh improvements to the rear of the property are we going to still

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stay two stories up to the rear are you trying to go three stories to the rear now so the property

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that we own is the red one here on the right at page one of exhibit five that will be a three

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story rear addition so we're going to be demolishing the portion at the rear there's some

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structural issues at the bottom right of the building you can see where the wall's collapsing

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so we have to rebuild the wall um rebuild the rear and we'll be building it up and i'll show

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you that on the next exhibit the site plan sure thing looking to the north of the property on the

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same the west side of the block there are three houses and then a vacant lot and then three more

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houses and then when you get past that going to the north which it leads up to burke street we

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have about half a dozen vacant lots and then a freestanding house and to the north of that

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two vacant lots and then we get up to 1850 van pelt which there are three houses there

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1850 itself is zoned for four units we have two single family two single family houses and then

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a vacant lot at the corner and then the east side of the block at burke street we have ground floor

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commercial at the corner with apartments above. Then at 1857 and 1855, we have two abandoned

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houses that are sealed up, one of which is missing windows. 1853 and 51 are two single-family houses.

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And then again, we have about four or five vacant lots in the middle of the block until we get to

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1843 Van Pelt, which is an existing triplex that is attached to two single-family dwellings,

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existing housing stock and then we have two vacant lots and that goes into two two houses to

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the south more vacant lots about three or four vacant lots until we get to 1823 van pelt which

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is a clean and sealed building or sealed up building at this point but it did get approval

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for two dwelling units to the south of that is a vacant lot and three houses one of which at 1813

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is an abandoned structure then we have a vacant lot at 1811 and then 1809 is a structure that

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lacks functional windows on the front and it's unclear if it's occupiable it appears to be

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partially sealed and then again at the south side of the block on the east side we have five vacant

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lots at the end of the block when we go into montgomery and the final photo is a photo looking

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north from Montgomery, just showing the block looking north, the on-street parking and the

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vacancy on the block. We did submit an original site plan for the property, and the plan calls for,

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and I'll zoom in because this is difficult to see, the properties themselves are 16 feet wide,

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16 and a half feet wide by 75 feet deep. So they're sizable lots, and at the rear,

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there is a four-foot alley that the properties abut with providing access north and south to

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Burke Street to the north Montgomery to the south the original plan called for

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let's see so to answer vice chair's question there was a existing three-story with a three-story

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rear addition scope and the original plan the site plan will show that we have to demolish

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a portion of that second floor rear because of structural issues to rebuild it the the plan is

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the structure is dimensionally compliant in terms of height and area the rear yard that we're

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providing is a nine foot rear yard which is code compliant and the original steps accessing the

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yard exited at the the rear of the first floor after discussing with neighbors the issues that

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they brought up were um trash storage and open air for the units on the second and third floor

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so the revised plan removed these stairs at the rear and we have this side yard it's not a a code

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a zoning code side yard i'll call it a court where we have four feet six inches off the property line

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and we decided to instead of an egress well there we're going to have steps that'll be the exit

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point on the revised plan and i'll show that on exhibit seven is the revised zoning plan

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so we removed the stairs at the rear we put the stairs on the side of the property where it abuts

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with 1816 so it'll be a mirror image structure and that will allow access from the first floor

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to get to the rear of the property for trash storage access outdoor space and the upper floors

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this is where we'll be able to have outdoor deck space and outdoor trash storage for each of the

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units and at the top of this plan i do have the floor plans and i guess i'll start with the

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basement the basement is mainly the back of the building right that addition area is crawl space

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that addition area is crawl space, no living space. The front of the building will have just

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no living space the front of the building will have

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a family room, rec room, and mainly utilities in the basement of this structure.

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The first floor ends up being two bedrooms, one bath. Exit entrances for all the units are from

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the front of the property on Van Pelt. Entered into a living room, dining room, kitchen with

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the two bedrooms washer and dryer in unit and then the deck the steps leading out are in this

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court area that I referenced and what that does on the second floor look into the exhibit to the left

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above the exit for the first floor we'll be able to create a deck within the property line so

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there'll be outdoor space for the upper unit and this little box to the top of the screen is what

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will be a trash closet but it'll be outside the building so the door is outside on the deck

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um it'll allow it to be secured and keep any of the trash out of the unit itself so that it's

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that was a request of the neighbors and it's worked well in similar properties that we've done

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projects we've done with my architect in this neighborhood and it's been well received so

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we're doing that here and then the the second floor unit again is a two-bedroom one-bath unit

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full washer dryer and then on the third floor we end up with a two-bedroom one-bath unit as well

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it has that same outdoor deck space it'll be smaller than the second floor unit but it has

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the outdoor deck space trash storage closet and within the the property line there is outdoor

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space at the rear of the third floor unit that'll be overhanged by the porch so it'll be outdoor

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space at the rear so we were able to get outdoor space for all three units deal with the trash

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storage and at the front of the property we also included the ability to add a trash enclosures at

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the front and secured containers if necessary if the trash closets are not sufficient we'd be able

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to make sure there's trash at the front of the property and that is reflected on the revised

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zoning plans that we submitted to the board at exhibit eight is just the revised proviso plan

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form just detailing all these changes one thing i do want to call out is our rendering of the

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property the goal here is to save the existing housing stock so 1814 would be saved rebuilt

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and we'd match it at 1816 we'd match that cornice line going down the block and hopefully the as

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the block infills with development this block needs development vacant land lots of abandoned

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houses and this will allow us to rebuild what was there keep it historically and contextually

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appropriate and still bring quality housing to this this neighborhood which is what we're hearing

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the community wants and my clients definitely interested in bringing quality housing to the

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area the front of the properties we will have egress wells at the front provide light and air

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to the lower unit as well as a means of safety egress at exhibit nine i just included additional

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copies of the floor plans but they were pretty clear on what i just went through um with the

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revised zoning plan so with with that members of the board i would submit that the subject block

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that we are dealing with on the 1800 block of van pelt is severely underdeveloped and needs

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investment the vacant land the abandonment and the other multifamily uses on the block it would

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create a hardship to require a single family to be built on the property on this block at this time

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and we would request support for the board and the grant of the variance for each of the properties

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for three family dwellings at the properties. My client is on the call today Arian Tamalari

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if the board would like him to raise his hand to adopt my testament. Yes please let's get your

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client on arian please raise your hand chair we have someone with the name john last name ending

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in th uh let him in please sir please unmute yourself you're able to speak yes hi my name is

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area on summary e-r-j-o-n-p-h-o-m-o-l-l-a-r-i you swear to tell the truth the whole truth and

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nothing but the truth i do and proceed council and members of the board just to correct something i

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said earlier we started with a nine foot rear yard and our revised plan actually increased the rear

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yard to provide more open area to 11 feet nine inch rear yard creating more open space and the

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third at the third floor level that ends up being 14 feet nine inches of open area so so you are so

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you are adding additional uh space to the rear of the property correct we went from nine feet

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rear yard to 11 feet nine inches to create more open space okay mr tamalari did you hear and see

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Mr. Tamalari, did you hear and see my presentation today?

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my presentation today.

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Yes, sir, I did.

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And were the statements I made true and accurate to the best of your knowledge, information, and belief?

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That is correct.

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And would you adopt my testimony and statements as your own?

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I do.

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No further questions, members of the board.

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Questions from the board?

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No, Mr. Chairman.

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no mr chairman questions from the virtual audience

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i see no hands chair planning commission thank you chair shaheed ian hegarty on behalf of the

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philadelphia city planning commission board members in 2014 the zoning maps were amended

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uh in this area from rm1 to rsa5 in accord with recommendations from the comprehensive plan

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Again, the appellant has failed to support their hardship claim with evidence of unique physical circumstances of either of these properties.

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We reject the appellant's claim that the presence of vacant land or buildings on the block constitutes a hardship for these properties.

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Vacant land does not prevent use according to zoning.

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We note for the board that 1833 North Van Pelt Street on this block was constructed in 2021 as a single-family ground-up construction dwelling on the same block.

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which demonstrates that single family use is indeed viable here city planning commission

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recommends that the board deny the variances for both 1814 and 1816 north van pelt street

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thank you if i can okay yeah you want to i would just submit that the economic environment that

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our city was in three four years ago is very different than today which is why you see a

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a block that has had no development other than multi-families that got approved after that one

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single family house was constructed the planning commission disregards the other multi-family uses

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on the block and this is a situation where there is a hardship and this block needs investment which

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the planning commission's position would prevent further development of the block thank you

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MI-202200-2210, 1814 North Van Pell Street, I vote yes with proviso, one page stand by ZBA

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for February 8th, 2023.

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I also vote yes on MI

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22002209

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1816 North Van Pelt Street

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also with proviso, one page, stand by ZBA

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February 8th, 2023.

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Thomas Howellman, my vote is on both

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and also with proviso on both.

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James Snell. My vote is yes to both

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and on both provisos on both

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as well. Thank you.

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Thank you, counsel. Thank you.

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Number 12, MI2022005216

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5110 Haverford Avenue, Vern Anastagio

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Attorney for owner.

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Vern, are you there?

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Yep.

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Good morning, Mr. Chair.

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So we did have one use of refusal with this.

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A multifamily household living is prohibited in the RAE S5 zoning district.

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Letter of opposition from the 44th Ward RCO is attached.

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Councilor, please state your name and spell it for the record.

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George Verne Anastasio, 2016 Spruce Street, Philadelphia, 19103.

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

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I do.

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Please tell us about the client that you represent, please.

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I represent Mr. Poisson. He's the owner of the property.

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okay uh i'm gonna pass you over to our board member thomas halliman to read you a few questions

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thank you good morning council good morning do you agree to waive the reading of the refusal

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