civus
Hearing video

ZBA Hearing - January 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 10, 20245h 43m

There was a large number of people who came for a different property and they voted yes

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on all cases and then they left before this case was presented. There were two of us there.

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I started speaking with the next door neighbors afterwards and people did not understand what

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was being proposed. I do have a petition of 14 neighbors who are opposed to the parking and curb

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do have a petition of 14 neighbors who are opposed to the parking and curb cut

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cut.

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and i have sent that by email to the rcozba at phila.gov email address

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so in addition to there being no curb cuts or off-street parking on on this side of the block

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at all parking in the evening has already become very difficult because of the flourishing of bars

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and restaurants on nearby frankfort avenue uh just basically a half block from there

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um the location on the block makes it really dangerous because uh cars are typically

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accelerating there uh there's an intersection just uh just up from there that uh where people

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uh there's no uh stop sign so people usually have their foot on the gas pedal a lot of uh

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accidents that I think other people are going to speak to today. I do know that there's I think

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four of us who are testifying in the same vein. There's also a new daycare, Frankfurt Friends

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Daycare across the street that's going to be opening soon, and that just raises the stakes

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of street and sidewalk safety.

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I do think this is a danger to health, safety, and welfare.

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And finally, as all the Row House neighbors will attest,

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there is no hardship here that would require a curb cut and parking.

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Thank you, Chair Bergman and the rest of the VA.

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Thank you for your call.

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Thank you.

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Is there anyone else in a virtual audience?

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yes chair jared pollen and i will allow him to speak them to say sir could you state your name

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please the spell for the court sonographer yeah jared pollen p-o-l-i-n right do you swear for

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to tell the truth the whole truth nothing but the truth i do are you a neighbor i uh connect

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with the uh property i'm 2120 east hazard so it's okay a connecting property behind it

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are you in favor of this proper project?

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I think it's a beautiful design.

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I'm not in favor, as Daniel said, of the curb cut.

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Let me ask you this.

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Is there anything other than what Daniel said you could offer towards that?

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No, that's it.

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Basically, Daniel covered everything.

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That's why I asked.

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Thank you very much for calling.

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We appreciate it.

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Is there anyone else that are virtually?

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Yes, Chair Peter English.

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hi mr english could you state your name please to spell for the court stenographer

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hi peter english e-n-g-l-i-s-h you swear or affirm to tell the truth the whole truth nothing but the

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truth i do are you a neighbor i am i live at 2117 east sergeant which is just are you in favor of

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the project not the curb cut no okay all right is there anything other than what's been said

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that you can offer for the curb cut?

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My only addition is, you know,

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I appreciate what you and the ZBA do

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to help ensure that we are thinking about our block

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and our neighborhood and our city communally.

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I think that this curb cut is out of step,

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not just physically,

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but with the way in which Philadelphia typically operates

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and the way we share our sidewalks.

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And so I would love the property,

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but do not want the curb cut.

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We thank you for your call.

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Is there anyone else in the audience?

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Yes, Chair. A person with the initials YSC will be allowed to speak.

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Okay. Hi, could you state your name, please, and spell for the court stenographer?

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Of course. Hi, this is Young Sun Compton speaking, C-O-M-P-T-O-N.

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

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I do, yes.

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Are you a neighbor?

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I am. I'm directly adjacent to the property at 2119 East Sargent Street.

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And are you in favor of this project?

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uh i like the other one like other people who testified i'm not in favor of the of the curb

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cut being the direct neighbor yeah okay so so is there anything else other than what's been said

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you could offer uh i think in the in the drawings uh there you know for me like being the the house

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that abuts this this location i think the curb cut is needed to to cut into in front of my property

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um you know again i think the the specifics around parking in the neighborhood and the

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impact of parking locally is i you know i especially feel because of that um you know

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losing feet in front of my house uh for curb cut feels uh i'm not sure what the benefit to the

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community and changing the zoning for that would be but that would be my only addition to what has

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already been said thank you for taking the time to call is there anyone else in the virtual audience

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excuse me chair this is the court reporter could i ask the uh prior witness to spell his first name

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prior witness to spell his first name sure sure it's a y-o-u-n-g space capital s-u-n is the first

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Sure.

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Sure.

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It's a.

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name thank you thank you is there anyone else in the verse load is yes yes chair this is i have

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antonio di tomo i'm not sure if he spoke already but he is is is he the owner uh all up he is chair

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Sure. And if I think I'm going to if I may just add a few things that I believe he would add.

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Well, well, one is there anyone else besides him in the virtual audience?

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No, there's there's no way. So I'll like why do you respond? Is that OK?

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Sure. So there are, in fact, two curb cuts that are not identical.

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They're curb cuts for garages located on the block.

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They're not open air parking spots, as we're proposing here.

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That's a twenty one forty six and twenty one forty eight.

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I would also like to add

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that this neighborhood

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does not allow any kind of zone

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parking. It does not allow

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residents to buy or obtain

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zoning placards. It is open parking

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in

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total, including on this block.

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That is certainly something that is a

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hardship to an applicant here.

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Thank you.

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Planning Commission.

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Okay.

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the existing rsa5 single-family residential row

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house at this location we feel the existing structures in a regular lot constitute a hardship

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but feel the front-loaded parking has no demonstrated hardship as it is a new condition

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privatizes a public parking spot creates a hazard for pedestrians and is not a common condition for

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the block accordingly the planning commission recommends the board grant the dimensional

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variances but with a proviso for no front-loaded parking excuse me mr chairman excuse me mr chairman

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could we hold this for executive session this case we most certainly can thomas thank you

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okay so mr sokoloff what we're going to do is take this back to the executive session

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next wednesday and we will vote at 2 p.m next wednesday on this

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Thank you.

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Thank you, Mr. President, I mean, Chairman.

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MI 2023-005-748-3335 West 1st Street, Allen Ockamson is the attorney.

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There's a letter of opposition from Strawberry Mansion, along with a petition signed by approximately 26 neighbors.

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Letter attached. There's a letter of opposition from Strawberry Mansion, CDC.

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The applicant has 14 neighbors.

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Mr. Chair, this is Hillary. I just want to note that since we started hearings,

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we received an additional letter of opposition from Swampoodle Neighborhood Partials Association,

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which I believe Mr. Knockerson will address in his presentation.

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They did have some suggested provisos if the board was inclined to grant.

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Thank you.

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um mr knoxon just state your name for the record alan knockamson and could you identify your

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client the relationship to the property yes my client is uh ber properties llc

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and then the virtual audience is uh noah burson and alissa chapnick uh its members

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and um um mr holliman has just a few questions questions for you sir i'm back here

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its address?

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I do.

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Have you emailed in all the required documents and exhibits that is needed and required 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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so i'm here to present 33 35 west first street uh this is an rm1 property and we're looking to

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put up a duplex here and the board's probably thinking well mr knockamson what i'm not i hate

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talking third person, but why am I seeking a variance for RM1 property, which we're only

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asking for two units, and we're not making any change. It's an existing building structure. We're

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not making any changes to the building footprint. Our lot size is 699 square feet. So we have,

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this is a clear case of undue hardship where we can't change the building, the lot size of our

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the lot size of our property. And we're doing the least modification possible under the Philadelphia

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property and we're doing the lease modification

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zoning code because we're not changing the building structure in any way. We're seeking

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the minimal amount of multifamily units, which is two, under the circumstances. And the entire

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neighborhood is RM1. So as you'll see in the presentation packet. And to add an extra layer

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complexity, my client purchased this property, not knowing that something that's RM1, you

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may not be able to do more than one unit if the lot size is not 720 square feet.

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And then to another level of complexity, my client hired a contractor who they relied

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upon to do all the work, get the zoning permit, get the building permits or all duration permits

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and do everything right.

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Unfortunately, they didn't.

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And they spent a lot of money.

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I don't know, just maybe short of $100,000.

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And only after Ellen and I came out and issued a violation notice did my client realize that the contractor did not get the right permits.

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And eventually that contractor not only lost their license, but went to jail.

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So my client's in a really bad spot here where they didn't know that an RM1 property, you could not potentially have two units.

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They relied on the contractor to get the right permits.

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They spent $100,000 of their money to do work that, you know, again, was not approved.

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We're trying to legalize the situation with the zoning permit.

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So, you know, this would be financially devastating for my clients if they couldn't just get two units.

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And again, they purposefully didn't go seek, you know, more than two units or they didn't seek to, like, build higher than the two stories that, you know,

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know, the building structure is today. So we'll review the notice of refusal. We'll review the

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correspondence from Strawberry Mansion Community Concern, as well as Swampoodle. We received both

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letters today. We diligently updated our presentation materials when we received each

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letter of opposition. Actually, I think we have a third letter of opposition, Strawberry Mansion

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Community, Strawberry Mansion CDC. So we have that letter too. Again, our thing is this,

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We're open, we're honest, and we're going to address every single one of these letters, which I think have issues with them and don't really address the crux of this case.

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Then we did do a petition, you know, pre-community meeting where we not only got the letter, we got letters to support a significant amount of people within the affected area, specifically the person that owns the property to left and right of us.

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The people that we most directly impacted, a lot of people on 4th Street, but the people left and right of us.

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So we'll go over that.

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And then, again, not uncommon to have multifamily structures in this neighborhood.

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You'll see from the zoning map that this is all RM1.

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But we gave a few examples of recent approvals of RM1 properties.

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And then we'll go review the zoning map and maps of the area, photographs of the property and the surrounding area.

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Our plans and drawings, our RCO meeting notice, and it was not a well-attended meeting.

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There was a representative from Strawberry Mansion Community Concern.

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There was a representative from the Swamp Pool group.

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And there were two neighbors who did not live on the block, but I believe lived somewhat nearby.

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I don't remember the addresses.

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So it was a total of four people that showed up to the meeting.

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Two of them were community representatives.

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Then we'll review the application for appeal.

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the deed to the property, showing that BER Properties, LLC, is the owner of the property,

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and then our Certificate of Tax Clearance, showing that they're current with their

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real estate taxes, or at least, you know, I don't know if 2024 is due, but it's not due yet.

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So then we would be current. And again, to conclude my presentation, I would ask

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that either Ms. Shatnik or Mr. Burson virtually raise their hand. One of them could adopt my

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testimony as their own and then we'll be more than happy to take any questions from the board

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and we would love the opportunity to respond to any community input as well so notice of refusal

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again we're not trying to convert an rsa5 property to multi-family use this is rm1 right clients

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didn't know better they didn't realize that you know you it has to be at least 720 square feet

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of loss size to get two units based on the base zoning classification of RM1.

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So they're in this situation because they weren't advised properly.

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They relied on the contractor who was supposed to get the right permits, did not, spent a

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lot of their money, and eventually not only lost their contractor's license, but went

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to jail.

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So we're seeking the least modification possible under the Philadelphia Zoning Code.

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So we're seeking the least modification possible under the Philadelphia Zoning Code.

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We're not changing the building structure in any way.

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All we're trying to do is do two-family household living in an existing structure.

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So we met with the community, I believe it was this month, and there were only four people that showed up to the community meeting.

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One member from Strawberry Mansion Community Concern, one member from the Swamp Poodle Group, Strawberry Mansion CDC did not have a representative there.

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