civus
Hearing video

ZBA Hearing - July 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 19, 20234h 41m

showing a 2516 Frankfurt Ave LLC

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as the owner of the property.

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And then our evidence of a tax clearance.

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Again, at the conclusion of my presentation,

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I would ask that Mr. Kim virtually raise his hand,

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be sworn in,

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and he can adopt my testimony as his own and we can take any questions from the board.

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So the original refusal for the CMX2 property was for five dwelling units. And we have,

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and we have, you know, as part of that request, we asked for an addition on the front part of

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the Frankfurt Avenue property and other modifications throughout. We received several

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refusals. First, it's not, we're not getting a refusal because we're asking to create a

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multifamily structure where a multifamily structure cannot be created. It's just the

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fact is that our lot size is not adequate enough to meet the five unit count. Right now we have a

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three, the property is comprised of a three residential units and one commercial unit,

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but this property is in desperate need of TLC. And in order to justify the expense that we would

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have to incur, we have to increase the unit count. So originally, we're only going to have

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five residential units. At the request of the Frankfurt Avenue bid, we increased that from

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five residential units plus one commercial unit. But the first refusal has to do with a residential

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component, where three units are allowed on the code, and we're asking for five. Again,

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And we're asking for five, again, to justify the extensive renovations which must take place here, we need that extra unit count.

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to justify the extensive renovations, which must...

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Plus, the Frankfurt bid was welcoming of this increasing unit count to help support their commercial order.

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So, again, this is something that is not uncommon to have this variance of this sort.

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And it was requested of us to increase the density even further by having five residential units in the commercial component.

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The second refusal, which was eliminated, you'll see, was for the commercial component.

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And then the height, as you can see under the original refusal, was 42 feet high, where you'll see later 44 feet is now being requested.

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And you can see the maximum occupied area, again, not much different than what's currently existing.

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We have an occupied area of approximately 81% right now, which would, again, run afoul of the requirements of the Philadelphia Zoning Code.

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We asked for an additional 5% of coverage, which, you know, again, increased the nonconformity.

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But then we were asked further, based on the request from the Frankfurt Avenue bid, to increase that lot coverage even further.

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Then we got an authorization letter from after our meeting with the Frankfurt Avenue bid to change our project in three respects.

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Increase the building footprint, increase the building size by two feet, and add a commercial unit on the first floor and lower level.

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And based on that request, the ZBA's administrator allowed us to make a resubmission to L&I, and then we received a revised refusal.

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Again, we got rid of the refusal regarding the lack of a commercial component.

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We do have the two same refusals regarding lot coverage and unit counts, where three

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units are allowed, residential units are allowed as a right ratio for five.

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And the lot coverage issue got even greater that variance request, but at the request

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of the community.

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We did meet with, we did have a community meeting through the ECNA, East Kensington Neighbors Association. And as you can see, it was seven people in favor and 10 people in opposition.

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Some of their issues had to do with directly what we were asked to do, you know, about, oh, we're concerned about the 44 feet in height, we're concerned about the law coverage.

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They misstated that we're going to six units, we're only doing five residential units.

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But, you know, ECNA's bylaws require the ECNA to either support, propose, or not take a position based solely on the community votes.

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Again, when we met before the meeting with ECNA, they thought that this was, the board members thought that this was a responsible project, and they were quite surprised that we did not get support from the community.

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But here's the Fishtown District's, you know, letter of support.

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It kind of outlines exactly what I said before about what they wanted to accomplish through this project.

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Increased density is going to help support the commercial border.

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They wanted a more prominent commercial space, so we had to increase the height even more.

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And, you know, they weren't concerned about the occupancy of the building structure.

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And then we did get a petition.

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We really just focused on the businesses and individuals who'd be most directly impacted.

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So we only focused really on the people other than one signature, the people on that block.

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And then just, you know, so you can see, it's not out of character to have lock coverage above 75%.

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And we took circles of every single property.

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This is ours, by the way, current condition.

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You can see that we have lock coverage issues, but it's just this block.

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And again, it's not out of character to have this type of variance or non-conformity.

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And then this is just an aerial view of our property.

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As you can see, there's only like a sliver.

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there is open areas like 19% of our lot. Again, no one can get into that area either. And as you

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can see, there's a one-story commercial structure here. So if we increased a lot coverage, it's not

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going to be an issue. If we increase the height, it's not going to be an issue. Same thing goes

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to the property to the left of us. We're not going to affect anyone's dramatically, anyone's light

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and air under the circumstances. And again, we're basically a corner property, so we're not going to

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have much of an impact on the surrounding neighborhood either. And then nearby height

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variances. So in 2019, this board granted a height variance for 2547 Frankfurt. Here's a zoning

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permit. I also included the notice of refusal so you can see that, you know, the basis of that

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zoning permit and the granting of the variance. Same thing goes for 2566 Frankfurt Avenue. We'll

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Same thing goes for 2566 Frankfurt Avenue.

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We'll get another property on this block where this board granted in 2016 a height variance.

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get another property on this block.

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And then we are Frankfurt Avenue to Amber.

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So we found another property on this block on the Amber Street side where this board granted a height variance at 2559 Amber Street.

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And again, here is the notice of refusal.

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So here you can see it's 46 feet high, which is even higher than we were requesting.

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And then maps of the area.

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Again, we're not taking an RSA 5 property to increase density.

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This is a CMX 2 property on a prominent commercial corridor.

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This density will help support that commercial corridor.

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And then again, here's a map of the area.

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And then photographs of the property.

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As you can see, this is a three-story structure.

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Currently, it's configured to have three residential units and one commercial unit.

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That's the structure from Frankfurt Avenue.

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This is the structure from Amber Street.

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And then this is Frankfurt Avenue to the right of the property,

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Frankfurt Avenue to the left of the property,

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Amber Street to the right of the property,

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Amber Street to the left of the property.

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Zoning notice posters on facing both Amber Street as well as Frankfurt Avenue.

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And then our plans and drawings.

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Again, we're trying to do a complete reboot without demology in the property.

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And so it looks very prominent.

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we're proposing it for it to look very prominent on frankfurt avenue very pretty a lot of light and

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air um again focusing on the commercial order and then if you look here um it's a regular

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shade block too but you can see from excuse me you can see from here that we're set back first

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of all on the uh second uh on the amber street side it was important for us to be respectful

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of the fact that amber street is not as prominent as as frankfurt avenue so from it keeps this

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two-story facade of 20 feet high and it's set back 10 feet on amber street

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and then this is our floor plans and just to quickly go through it

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You have a commercial component on the ground floor and the lower level at the request of the community group, the Fishtown bids.

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And then you have a unit, which is a bi-level unit that's facing Amber Street that has direct access, just like it has now.

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So we're not really changing the configuration of that unit.

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You go up a flight of steps on the Frankfurt Avenue side, and there's two units.

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When you hit the landing, there's unit number, well, considered unit three, but really residential unit number two to the left, which is a one-bedroom, one-bath.

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And then you go to the right, and there's another one-bedroom, one-bath.

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And then the other floors, the third and fourth floors, have their own units up here.

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And they're two-bedroom, two-and-a-half-baths.

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Oops.

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This is our hearing community meeting notice we met on June 14. 121 addresses were notified, a list of the addresses, proof of mailing to those addresses, our application for appeal on behalf of 2516 Frankfurt Ave LLC, as well as the original notice of refusal, our project information form,

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And then our deed to property also showing 2516 Frankfurt Ave LLC is the owner.

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And our certificate of tax clearance, actually my client overpaid.

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So they're in a positive for this.

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With that being said, I would ask that Mr. Kim virtually raise his hand.

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Ryan, Kim, please unmute yourself or wait for the chair.

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Could you state your name, please?

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And spell for the court stenographer.

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Ryan Kim.

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R-Y-A-N-K-I-M.

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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.

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Proceed, counsel.

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Yeah, Mr. Kim, you heard everything I had to state today about your zoning method.

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Yes.

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And is it true and correct?

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Yes.

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and do you adopt it as your own testimony uh yes thank you questions from the board

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

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they are wrestling no hands at this time planning commission thank you mr chairman david fecto f-e-c-t-e-a

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Thank you, Mr. Chairman. David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.

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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, sir, I do.

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Thank you.

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Thank you, sir. In 2016, this property was rezoned from residential multifamily to commercial mixed use in accord with recommendations from the comprehensive plan.

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The appellant has shown that the maximum occupied area variance is substantially similar to the existing condition.

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Regarding the unit count, the appellant could have built four dwelling units within 45 feet of height if they had used the mixed income housing bonus.

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So the City Planning Commission recommends that the board grant the variance for maximum occupied area, but deny the variances for height and unit count.

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M.I. 2023-001-053-2516,

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Frankfurt Avenue, I vote yes proviso per amended refusal dated 7-10-23.

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Thomas Holliman, I voted yes with proviso. James Snell, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Number two, Mr. Nockamson, please.

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MI 2022-001-118-1521 West Oxford.

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Letter of support from United Neighbors Alliance Civic Association.

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Could you identify your client?

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You've already been sworn, Mr. Nockamson.

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Just state your name for the record, please.

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Alan Nockamson.

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Could you identify your client in relationship to the property?

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Yes, my client is 1521 W Oxford LLC and in a virtual audience is, excuse me, its member, Dr. Sean Malink.

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All right, our vice chair has just a few questions.

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Good afternoon, counsel. Do you agree to read the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes, we have.

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Thank you. Please proceed and share your screen.

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Thank you.

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All right. 1521 Oxford Avenue. Just waiting for the screen to come up. Okay.

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Similar presentation packet. We'll review the notice for refusal, the letter of support from

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the United Neighbors Alliance Civic Association. Again, our refusal, this is an RM1 property.

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If this was not in the overlay it is, this would be allowed as a practice project. Because it's in

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the overlay, we're slightly short of the lot size requirements. And then because we're asking for

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more than three units, parking is required, off-street parking is required. Under similar

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circumstances, this board has granted variances to allow for additional unit count. And again,

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it would be out of character to ask us to put off-street parking on this lot because we would

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have to do by way of a front-limiting garage, which would take guys off the street, but also

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would not be in character with the neighborhood as a whole. And we would just be taking one parking

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spot off the street, putting a curb cut where someone would not be able to park on the street

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for one parking for one car that would come off the street which would be a net gain of zero uh

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maps of the area photographs of the property our plans and drawings our rco meeting notice

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our application for appeal deed to property showing that 1521 w oxford llc is the owner of

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the property and our certificate of tax clearance uh at the conclusion of my presentation i would

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ask that mr malik virtually raise his hand uh be sworn in and then he can adopt my testimony as

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zone. Notice refusal. Again, this is an RM1 property. We're trying to put a quadplex here

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and we're getting refusal, even though this lot is 1,560, 16 square feet of record, although my

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architect says it's 1,575. If this was a straight RM1 property, we wouldn't be here today. We're in

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the north and central Philadelphia overlay district sub area. And because of that, it's required to

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have for the first four for the first four units instead of 360 square feet of lot size per unit

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425 square feet so we're slightly short plus when you ask for more than three units you need to

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provide a parking of a ratio three parking spots for every 10 units again this is meant for larger

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again this is meant for larger properties which we're not we don't have the ability to put up a

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properties which we're not we don't have the ability

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side driveway no one wants a front loading garage takes eyes off the streets and for

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the reasons i stated just doesn't make sense and then that's what the letter of support says like

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we want this block developed it's not developed right now and maybe the impediment is the fact

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that we have this overlay so we're working with the community making sure that you know we're

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responsible builders and landlords as well, which will provide a good housing stock for rentals.

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And then we looked at the properties nearby where this board has granted similar variances

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in the past, and we found seven other instances which were within essentially a block radius.

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And then what I did was compare the lot size of those lots, comparing it to the units that

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were requested and approved. And on average per unit, it's 348.12 per unit of lot size.

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We're doing 392.25 square foot feet per unit. So actually we're asking for less of a variance

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than the other property owners who had variance as granted by this board.

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and then these are just the backup permits just you know that we found a public record regarding

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those seven other properties and then map to the area again this is not an rsa5 property where

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we're trying to you know increase the density this is accounted for to be multifamily if we

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were in the overlay we wouldn't be here and then photographs the property it's currently a vacant

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lot proof of posting for today's hearing and then west oxford street to the right of the property

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West Oxford Street to the left of the property.

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And then our plans and drawings are pretty basic.

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You know, you have four units.

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