civus
Hearing video

ZBA Hearing - December 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20206h 9m

Good morning, everyone, and we'll give Ms. Sunkett a few minutes if she needs.

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Yes, Chair, they're coming in now.

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Before we open up the hearings. Thank you.

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Hi, I'm Pauline.

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Yes, Tanya.

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Could you make Fatina L. a co-host, please?

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She'll be facilitating the hearings today.

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Sure, doing so now.

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Thank you.

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Let me just make sure everybody is, should be everybody from the CBA staff.

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Is that good, Tanya?

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That's perfect.

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Thank you kindly.

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okay chair looks like we're ready to go thank you thank you again good morning everyone my name is

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frank t chico i'm the chair of the zoning board of adjustment i'll be participating in today's

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hearing along with our vice chair ms carol tenere board secretary confessor plaza and board members

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Mr. Thomas Holloman and Mr. James Snell. Board Administrator Ms. Tanya Sunkit and Board Attorney

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Ms. Sharon Saleta are also in attendance. For those of you who haven't yet participated in

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one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded.

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Third, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I'll repeat.

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For anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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before vice chair tenere calls our first case we'd like to ask if there's anyone requesting

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a continuance or withdrawal so please raise your hand at this time and i think i went out of order

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yep

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um i did go out of order didn't i

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i'm going to read the continuance list uh that we have so far and if anyone objects to the

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announced continuance uh continuance being granted please raise your hand first continuing case

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is number six on our list mi 2020-001574 2500 north 31st street

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MI 2020-001567, 5108 Haverford Avenue, MI 2020-001568, 5039 Worth Street,

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and MI 2020-0015607810-20 Algon Avenue. If anyone objects, please raise your hand to

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of those continuances that have just been read

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into the record.

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Chair, we have Elton Dos Santos with the hand raised.

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Good morning.

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Mr. Santos, you're free to speak, please unmute yourself.

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we can move on hey anyone else request for continuance or withdrawal we have Celeste Hardister

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Ms Hardister you're free to speak good morning ma'am please identify yourself

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for the record name and address spell your name for us please my name is celeste c-e-l-e-s-t-e

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hardister h-a-r-d-e-s-t-e-r 368 green lane philadelphia i'm the president of the central

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roxburgh civic association uh i did not hear you swear and do you swear and affirm to tell

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the truth the whole truth nothing but the truth i do there yes what case are you calling records

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to mi2020-001562 279 grape street uh they have not presented to the rco yet

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grape street i have excuse me this is sharon's

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this is sharon sledder we also have no exhibits on that case yes they requested a call the app

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i haven't the continued case yes they requested it is the first continuance

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um i'm not even sure okay mi 2020-001562 279 grape street is continued anyone else

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there are no more hands here

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okay um

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carol i'll call it that's the this is the add-on case

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okay mi 2020-001832 2215-19 north 7th street i believe the attorney is mr jinn

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he's been promoted to panelists thank you good morning mr jinn please identify yourself for the

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record i'll swear you in good morning uh zen jinn z-h-e-n-k-i-n 1617 john f kennedy boulevard

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suite 1838 philadelphia pa 19103 here on behalf of the applicant we're in a firm to tell the truth

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the whole truth and nothing but the truth. I do. Thank you. I'm sorry. Can I just ask one

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question? Mr. Zinjin, do you have your volume up on your device? The microphone may not be

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close enough. Let me adjust this way. Is that better? That sounds great. Thank you kindly.

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Thank you. Yes, I do swear and affirm. Thank you. This is a follow-up to a previous hearing,

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correct? That's correct. Please proceed. Thank you. I'm going to go ahead and share

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the screen. We basically had this full hearing with the board about a week ago and the main

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issue is that during our presentation we have plans that are revised. Is this coming, is my

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shared screen coming over? Yes. Okay, great. I don't know why it's not jumping to the

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page, but let me go ahead and do it manually.

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So when we discussed the case with the board, one key item is that one of the units originally

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proposed for residential will be set aside as a commercial unit per our agreement with the

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City Council President's Office. So we have revised the plan to provide it to the board

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for reference, and we would ask that if the board makes a favorable decision to include this page

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of the plan, the floor plan, as revised plan and be stamped, this way my client would be able to

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proceed to L&I with the plans and move forward if there's an approval. Thank you. Any questions from

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the board? No. Anyone else to testify in this case, please raise your hand.

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there are no hands here thank you planning commission

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good morning david fecteau f-e-c-t-e-a-u with the city planning commission thank you david

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you swear and affirm or tell the you swear or affirm to tell the truth the whole truth

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nothing but the truth yes sir i do please proceed good morning mr chairman and members of the board

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while this law is designated for multi-family residential in the comprehensive plan

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it is zoned commercial mixed use the council office has recently spoken with area residents

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and believes that additional residential development in the area will create a need

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for more commerce in support of those efforts at acknowledging the addition of the ground

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floor commercial space the staff the planning commission supports the granting of the requested

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variants. Thank you. MI 2020-001832, 2215-19 North 7th Street. My vote is yes with the following

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proviso. Ground floor professional office as per revised plan, one page approved today.

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Yes with proviso. Yes with proviso. Yes with proviso.

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up. Thank you. Calendar number 1564. I'm sorry if I could interject again as always.

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There are a couple people who had technical problems getting on

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and they're requesting continuances. Would you allow them? Yep very good thank you.

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Rachel I believe is one. Rachel you can speak to your continuance.

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thank you so much tanya um rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street suite

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1600 philadelphia pa 1910 this is miss pritzker do you swear or affirm to tell the truth the whole

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truth and nothing but the truth yes please proceed um i would like to request a continuance for 43

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29 dexter street also known as 279 grape street that uh was continued okay i just was having

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trouble with my computer and just wanted to make sure you know as the attorney no worries thank

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you thank you so much thank you anyone else

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we have one handshake

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we have um a request from um elton i'm sorry for tina um request for hermitage street

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if you could open up his mic he was the one that was having difficulty with this audio

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number 10 on our sheet this person says media account um would you unmute yourself and state

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who you are yes hi my name is elton dos santos i'm the owner for 487 hermitage street

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Mr. Santos, excuse me, would you please spell your first and last name?

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Sure. First name is spelled E-L-T-O-N. Last name is spelled Silva Dos Santos. S-I-L-V-A space D-O-S space S-A-N-T-O-S.

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Thank you. And 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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Thank you. Please proceed.

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Yes. I'm requesting a continuance for 487 Hermitage Street. We had 28 people attend our area meeting on October 1st, and three of our adjacent neighbors approved our plans for the house.

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You're asking for a continuance, correct?

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Yes.

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All right. Any objection to the continuance?

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this is yes this is sharon sletta i'm confused sean ryan i've been in touch with your i believe

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your architect sean ryan that's correct who told me that you were planning to go forward today we

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have the materials we need you want the hearing continued and not heard today is that correct

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because i thought you were prepared to go forward oh yes i am prepared to go forward sorry it's my

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first time doing this and also using it's my third time using zoom so yes we'll hear the case

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okay um having a continuance would mean that you are given a new hearing date in a few months

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but we're ready to go forward today okay thank you yeah we would like to go forward sorry about

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yeah we would like to go forward sorry about that okay and i'm sorry if i could just add to make

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that okay and i'm sorry if i

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sure sir that you're going to present not your architect okay yes that is correct thank you

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kindly thank you anyone else i see no more handshare okay thank you i think we're about ready

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to go am i correct okay before you go carol hold on one minute i just like to remind everyone

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please do not attempt to testify in the chat. Any comments directed to the board should be directed

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to the board administrator, Ms. Tanya Sumpkin. Okay, Carol. And if one more thing, one more

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housekeeping thing. Is it okay, Chair, if you announce the case that we want to go last? Yes.

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that number five, right? 2116 West Tioga. We're going to go out of order. That case will be

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heard at the end of the last case in this morning session. Thank you. Thank you. Ready? Ready to

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roll? Yes. Okay. Calendar number 1564 1010-12 West Kelowna Street. Yes. Good morning.

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Good morning. Can you put your name and address on the record, please, and spell your last name?

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Yes. Zin Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.

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And do you swear in a firm to tell the whole truth and nothing but the truth?

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I do.

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Do you also agree to wait the reading of the refusal and stipulate to its accuracy?

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I do.

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And have you mailed an exhibit packet with the required documents, including proof of ownership, tax compliance, refusal referral, photos, and or plans of the property five days in advance of this hearing?

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And finally, have you met with the RCO, and do you have a letter?

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Yes, to all questions.

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Okay, you may proceed.

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Thank you.

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Thank you for the accommodation.

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I do appreciate it.

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I will go ahead and share the information with the board relating to this case.

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I have before submitted the refusal community letter from the 37th Ward RCO, photos, plans,

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tax compliance deed, application, the PIF form, and the hearing notice related to this case.

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This application is refused because we are seeking a residential use of the lot that

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is zoned in a I-2 with a NCP subarea C overlay.

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However, the refusals are primarily because we are looking for residential use in an I-2

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district and that normally I-2 district would require a parking spot.

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In this case, we met with the community and obtained a letter of support for our application.

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And I want to point out the hardship here really relates to the location of the lot

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and how it relates to the I-2 zoning district.

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As you can see in the photograph here, we have what is essentially abandoned residential use on the one side and active residential use on the other side.

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These are actually zoned RM1, residential multifamily.

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So our proposed use is pretty much consistent to what is in the area, even though the lots are zoned I2.

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Now, across the street, Philabundance just built a structure which is consistent with I2 use.

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However, our lot, based on the location, the small street, it just doesn't make a lot of sense to push for an industrial use here.

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So what my client proposed is residential structures, two of them, because we actually have two lots to be used as multifamily.

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and as you can see from the application they're to be used as two family dwellings so it's two

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duplexes on the one on each lot it's 1010 and 1012 they're actually about the right size for

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residential buildings the width of the lots actually fits the purpose that we're seeking

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as you can see the two lots together each would end up about 15 feet wide they have about

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390 square foot of rear yard for each, and the structures will be fitting between the

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back of the existing multifamily and the current abandoned residential multifamily.

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The layout is two units, one unit on each floor, I'm sorry, one unit is first floor

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and basement, and the second unit would be the second floor and the third floor.

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The height and structure of the buildings are not outside of what is normed in that area and we would ask the board for favorable consideration in this matter.

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and we would ask the board for favorable consideration in this matter. I'm going to

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zoom out a little bit so it's easier to see the plan layout. There is a proposed roof deck for

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this upper unit and the first floor unit has access to the rear yard as well. So we have the

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first floor unit which has the access to the rear and the second and third floor unit. The second

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unit has access to the roof deck so trash storage would not be an issue in this case since this is

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do play. I'm certainly happy to answer any questions or show any other parts of the plan

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the board would use. Could you slide that exhibit over a little bit that's it yeah and shrink it

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slightly. Sure. So the plan is a three bedroom? Yes three bedroom or basement. What's the means

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of ingress and egress from the basement um according to the plans i only see the um the

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stairs that would lead up to the main floor as well as uh egress windows front and back

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any questions from the board no

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Anyone else would like to testify in this case, please raise your hand.

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Chair, we have Rob Cashin.

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Good morning, sir.

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Please identify yourself with a record, spell your first and last name and provide us with your address.

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Yes, hello, my name is Rob Cashin, C-A-S-H-I-O-N.

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my address is 1013 west susquehanna

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do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do please proceed sir i um i have the property that's in the backyard um to this property

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and i want to say i'm excited that the building is going to be built and is residential um i also

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have restored the building that i'm in the only question i have is if there's i don't have any

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parking and phil abundance is now going to have 55 customers some of them will have cars there's

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so much room in the backyard of my yard and this house backyard instead of always lining it up in

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the front why can't the homes be pushed back so that there's room to have a parking space a tree

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garbage cans in the front instead of everything lined up now. It's hard to store garbage

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in row houses and there's no parking coming soon the more the area starts to rebuild.

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I'm not suggesting it can't be done but that certainly would require a complete

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redrawing of the plan. It would also trigger further variances. Off-street parking and other

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variant yep yeah because the front access along with the setback requirements uh it would actually

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make it a much greater variance than what it is now and i think we'd rather see the trash stored

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in the rear as opposed to the front all right okay any other questions anyone else

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i see no more handshare thank you um planning commission good morning

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David Fecto, City Planning Commission, Mr. Chairman and members of the board.

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These properties are indicated for residential single-family use in the comprehensive plan.

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The I-2 zoning here dates back to 1933.

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The applicant proposes to build two duplexes.

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We have no objection to granting these variances.

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Thank you.

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MI 2020-001564, 1010-12 West Kelowna Street.

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My vote is yes.

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my vote is yes my vote is yes my vote is yes my vote is yes thank you can we just stipulate that

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my client is present and would have adopted my testimony i'm sorry i got ahead of myself sorry

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about that yes thank you thank you have a good day thank you calendar number 1557 1400-38

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North Howard Street. Wait a while. What about number two? East Luzerne? I just didn't want to

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call it out. Sorry about that. Strike everything I said. Calendar number 1569, 1400 East Luzerne

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Street. The attorney is Sean Ward. Mr. Ward, you've been promoted to panelist.

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Mr. Ward, you've been promoted to panelist.

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Mr. Ward, please unmute yourself.

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Hi, Sean.

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Can you put your name and address on the record if you can hear me?

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I am getting there I see your graduation I'm not the only one having technical difficulties

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there you are uh good morning uh Mr. Chair

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uh good afternoon I mean good morning Mr. Chair members of the board Sean Ward on behalf of the

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applicant Elizabeth Morales my name is spelled S-H-A-W-N-W-A-R-D my address is 331 East Street

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Road, Trevos, PA 19053. Thank you. Do you swear or affirm to tell the whole truth and nothing but

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the truth? I do. Do you agree to weigh the reading of the refusal and stipulate to its accuracy?

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Yes. And have you mailed the exhibit packet with proof of ownership, tax compliance, refusal,

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referral, photos, and or plans of the property five days in advance of this hearing? Have you

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met with the RCO, and do you have a letter? Yes, to all. Thank you. You may proceed.

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Okay.

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Okay. At this time, I'm sharing my exhibit packet screen. If the board can confirm it,

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they can see it. Yes, we can. Thank you.

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I've submitted my typical exhibit packet on behalf of Elizabeth Morales.

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A1 is the notice of refusal.

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It's an application for personal services, i.e. a beauty salon at the first floor in the same building with an existing single family household living above.

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Resulted in two refusals.

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Personal services is not permitted in the district and multiple principal uses are not permitted in the district.

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Accordingly, we seek a use variance today.

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A2 is the application of appeal.

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A3 is the project information form.

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A4, proof of ownership, copy of the deed.

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A5 is tax compliance.

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A6 are the site floor and elevation plans.

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A7 are photographs of the posting, the subject property, and some aerial views.

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A8 is the RCO letter of support from Juniata Park Civic Association.

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If submitted, I would ask that the district council person's letter be marked as A-9.

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Usually Sloan folks participate verbally in these hearings, so I'll defer to him.

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A-10 is the relevant zoning history.

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Historically, this has been used as a luncheonette and a single family above.

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A-11 is the zoning map.

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A-12 is the aerial photograph.

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Just brief comments.

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The operation would entail the owner and one to two employees.

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days and hours of operation Monday through Saturday, 9 a.m. to 7 p.m., closed on Sundays,

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and it will be by appointment only. So moving through the exhibits, there's a copy of our

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refusal. You'll see the two refusals listed. We also have the project information form,

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copy of the application of appeal.

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the deed dated november november 25th 2019 property is owned by elizabeth morales and

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her mother filma akino um moving on uh tax compliance as you can see taxes are paid

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through 2020 21 is not due yet with regard to the plans uh basically what you have here is a

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corner property in Juniata at Luzerne, 1400 block of Luzerne Street, M and Luzerne. As you can see,

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it was a typical first floor commercial corner property with a dwelling above.

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My client proposes a new beauty salon to occupy the entire first floor.

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There is dedicated steps up to the apartment above. We have a small powder room in the rear

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for customers and employees and a mechanical room and storage. Again, the property, it's an

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existing two-story building at M and Luzerne. While no signs are proposed in this application,

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we did review with Juniata Park the proposed signage. It would be a wraparound type awning

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sign to which they had no objection, but that would need to be the subject of a separate

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application as we needed to get this application in uh in a timely fashion and assigned plans

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were not available so uh again some photographs you got the typical storefront there's a picture

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again some photographs you got the typical storefront there's a picture

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from the side the dedicated entrance to the apartment above there is ample

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storage room in the rear yard a view from the rear again these are Google

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photos these are not taken by me so they may not be as current as what the

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property is but it gives you an idea generally what the property is and it

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It had been long used as a commercial property on the first floor.

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We have a picture of a copy of the posting of the notice.

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The notice on the front, here's Juniata Park's letter.

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Generally, debate took place around the hours of operation, trash storage and pickup, lighting, and the types of services provided.

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It was then agreed on the hours of operation, again, Monday through Saturday, 9 to 7, and by appointment only,

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and that they would be closed on Sunday.

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There was also a condition we agreed to

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that the outer door would not be kept open

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during the summer to exclude music

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from being heard outside of the salon.

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Again, with the zoning history,

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dating back to 1968,

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you can see a luncheonette, one family.

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1963, candy store, luncheonette, one family.

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again uh and then back in 1934 it was a single family home the property is zoned rsa5 however

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is adjacent to a large icmx district right behind it and then we have the aerial photograph as you

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can see luzerne runs left to right along the picture and m street runs north and south

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and directly behind us is a save-a-lot grocery store and a Rite Aid as part of a shopping center

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on Erie Avenue. So based upon the foregoing and the non-opposition and support of Juniata Park

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Civic, bringing another business into the Juniata Park section of the city, they support the

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application and we would ask that the board grant the variance. My client has somewhat of a language

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barrier. However, I did review this packet with her through her family member translator. She is

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fully aware of what I am presenting today and I would ask the board to stipulate that she would

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adopt it as truthful to the best of her knowledge and belief and she would adopt it as her own

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testimony. Noted, thank you. Questions from the board? No. No. Anyone else like to testify in

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this case? If so, please raise your hand. There he is. Good morning, Chairman DiCicco and ZBA board

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and Sean Ward. My name is Sloan Foulkes, Office of Councilwoman Maria Keyones Sanchez,

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room 508 city hall the folks just please spell your name for us oh i apologize sloan s-l-o-a-n-e

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folks f-s in fire o-l-k-s you swear or affirm to tell the truth the whole truth nothing but the

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truth i do sir thank you um having met with uh the coordinating rco and receiving other support

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our office um the councilwoman uh does not have any opposition to this but she would like two

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provisos on behalf of the community um the first proviso is that the uh the the signage for the

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business if lit only stays on till midnight and the second proviso is that uh trash can be picked

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up by our commercial waste disposal thank you this is sharon saletta the signs aren't before you so

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right that's just gonna say okay thank you all right yeah that's a that's an application for

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another date possibly understood you got it okay all right anyone else would like to testify in this

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case i see no hands chair thank you planning commission good morning david effecto city

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planning commission mr chairman and members of the board this property is indicated for residential

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single-family use on the city's comprehensive plan. The zoning maps for this neighborhood

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date back to 2018. At that time, there was no sign of recent commercial use of this property.

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However, all four corners of this intersection appear to have once been commercial,

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so we have no objection if the applicant wants to return the building to commercial use.

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Thank you. MI 2020-001569, 1400 East Luzerne Street. My vote is yes with the following.

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1-4-0-0 East Luzerne Street.

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My vote is yes with the following provisos.

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Correct me if I'm wrong, Mr. Ward.

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Hours of operation Monday through Saturday, 9 a.m. to 7 p.m.

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Closed Sundays and commercial trash pickup.

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Correct. No objection.

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Thank you.

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My vote is yes with provisos.

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Yes with provisos.

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Yes with proviso.

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Yes with proviso.

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Thank you, Mr. Chairman. That concludes my business until the two o'clock list. Can I be excused?

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You may. See you at two.

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Thank you.

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Calendar number 1557, 1400-38 North Howard Street.

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I see no hands for this case.

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Wait a minute.

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Everyone present for 1400-38 North Howard Street.

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We have Hercules Grigos.

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Good morning, Mr. Grigos.

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Hi, Mr. Grigos.

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Can you please put your name and address on the record and spell your last name?

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Yes, thank you.

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And Hercules Grigos, G-R-I-G-O-S, 1835 Market Street, Philadelphia, PA.

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

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I do.

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And you wave and stip?

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I do.

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Also, have you emailed an exhibit packet with the required documents, including proof of ownership, tax compliance, a copy of the refusal or referral, photos and plans of the property five days in advance of this hearing?

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and have you met with the RCO and do you have a letter? Yes. You may proceed. Great and I think

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my client Craig Albach, A-U-L-E-B-A-C-H and or Tom Fitzgerald from Asana are on if they want to be

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promoted. I'm here today representing Asana Development and its affiliate 1400 North Howard

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LLC, owner of the property located at 1400 North Howard. We're here today with an application for

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the adaptive reuse with almost 80,000 square foot warehouse building in the South Kensington

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section. As I said, Craig Allback and Tom Fitzgerald are here representing the development

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team. If I may share my screen. I'll orient everybody. This is an existing approximately

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80 000 square foot uh former warehouse building in the city of south kensington section uh it's

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bounded by uh north howard um master street uh master i believe jefferson to the north

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we're proposing today to take this vacant building uh and do an adaptive reuse uh from

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and I believe it was a former furniture warehouse

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to essentially creative office and retail.

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And here's some overview to the West,

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just to give context across Masters, Hancock playground.

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And then there's a series of townhomes and multi around us.

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Just to give you some context to the street.

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Some existing loading bays that we intend on reusing just one of them.

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Procedurally, we met with South Kansas community partners, received support,

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and a lot of support from the near neighbors.

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We had two public meetings on this,

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and you'll note the letter of support in your packet.

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As I said, we're looking to do an adaptive reuse.

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The site is zoned RSA 5.

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Presumably that was,

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this property was approved maybe five to seven years ago

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for townhomes, but it was never developed.

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And we think that it's a great opportunity

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to reuse this building

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and bring what we think there's a need

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for some office space in the neighborhood.

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As the South Kensington neighborhood

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has been further developed with new residents

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in proximity to developments on Fishtown,

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my clients believe that there is a great opportunity

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for office space and some retail.

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So here's some proposed renderings.

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um here's some uh proposed renderings um and how we intend to reuse the building put a new skin on

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um and just um this is essentially uh some of the the pictures and the hope is that um we can include

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you know some some light neighborhood retail and maybe get a larger creative office tenant

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and here's just you know tenant entrances um potential for parking based on tenant needs

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um refusal because it's rsa5 um the uh the uses we propose in cmx2 are not permitted

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and uh meeting i think was attended by 100 people

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on Zoom at SKCP, and you can see the position was to support the project.

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And here's just our letter, et cetera.

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So as I said, we're here today because the site's zoned RSA 5.

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The requested variance is minimally, if necessary, will not alter the essential character of the neighborhood.

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In fact, it meets the mixed-use character of the neighborhood,

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will not impair appropriate uses of development or adequate light will not substantially increase

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congestion will not be detrimental to the neighborhood as evidenced by our letter of

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support i'm not sure if uh craig or tom fitzgerald are on but i would just ask them to uh affirm my

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testimony and i have any questions for the board thank you any uh the gentleman who uh mr griego

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just mentioned if either of you were available please uh raise your hand yes mr chairman affirm

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his testimony uh name it name please all right this is tom fitzgerald t-o-m-f-i-t-z-g-e-r

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tom have you heard my testimony you affirm it as your own

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i think he said yes

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we lose you mr grigos will you being an officer the court will stipulate that your client would

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have adopted your testimony yes okay thank you any questions from the board no no no

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anyone else like to testify in this case if so please raise your hand

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mr folks i see no hands sir thank you planning commission good morning david fecto city planning

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commission mr chairman and members of the board this property is indicated for residential single

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family use in the city's comprehensive plan the zoning changed in 2017 at that time the block where

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this warehouse stands was approved for a residential subdivision. We have reservations

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about the noise and traffic generated if a proposed commercial use were to move here

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since this is not a commercial corridor, but if the neighbors do not believe they would

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be impacted by this proposal, then we have no objection to granting these variances.

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Thank you very much. MI 2020-001557. 1400-38 North Howard Street, my vote is yes.

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my vote is yes my vote is yes my vote is yes thank you very much thank you have a good

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this afternoon thank you calendar number 1575 1431 north 15th street

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mr mattione has been promoted to panelists

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can you put your name and address on the record please and spell your last name

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Certainly.

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That's Michael Matteoni, M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A, Northwest, Philadelphia, 19106.

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

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I do.

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

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I do.

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And have you also emailed the exhibit packet with the required documents, proof of ownership,

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tax compliance, a copy of the refusal or referral, photos and plans of the property five days

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in advance of this hearing, and have you met with the RCO and do you have a letter?

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Yes. Thank you. You may proceed. Thank you. Thank you.

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Okay, this is 1431 North 15th Street.

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This is 1431 North 15th Street.

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This is similar to the applications we had last week.

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This is similar.

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This is a 28-unit apartment building, legal for 28 units, but there are 29 units in the building.

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We have a brand-new owner, Temple Real Estate.

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We were seeking to legalize the one unit that's been there.

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They acquired it with the 29 units, although the 28 are legal.

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We met with the Coordinating RCO Map Holistic on December 7th, an in-person meeting.

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There's our tax compliance and the refusal and the plan for the building.

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And we met with Matt Polistic December 7th, and they had two people showed up, and everybody supported the application.

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And we have a letter.

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That's the letter from Matt Polistic.

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We have a separate letter from Community Land Trust Corporation, which is another RCO in the area in support.

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and another letter from Friends of the 47th Ward, Louise Bundy, also in support of this application

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to legalize the one unit that's not legal in this building. This building is, like I said,

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an existing building, 1431 North 15th Street, and I have Joseph Byrne. They purchased it with

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The 29 units in it, although the 28 are legal.

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It was built in 2014 by a different developer.

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We are just seeking to legalize the unit that's in there.

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The RCOs support this.

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The new owner has met with them.

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We believe that this is a new owner and that they should be allowed to have this extra unit

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because they did not create this extra unit.

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That's the way that it was when they acquired the property.

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I would like to promote Joseph Byrne, who is the representative or the agent of the owner,

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if he could. Is he available?

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Mr. Byrne, you're free to talk. You've been unmuted.

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Yes. Good morning, Board.

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Good morning, Mr. Byrne. Please identify yourself with the records by your last name,

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and I'll swear you in.

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Yes, Joseph Byrne, B as in boy, Y-R-N-E.

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My address is 1516 North 5th Street, Philadelphia 19122.

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Thank you.

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Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth?

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I do.

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Thank you, Mr. Mattione.

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Thank you, Mr. Chair.

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Mr. Byrne, did you hear my statements?

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I did.

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And are they true and correct?

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They are.

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Do you adopt them as your testimony?

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I do.

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And did you have any further comments about this property that you were involved with?

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No, I just wanted to make a quick statement that we, as Mr. Maglioni noted,

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that we acquired the building in February of this year.

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That unit in question has been occupied since this property has been built in 2014.

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We immediately moved to vacate the tenant at our expense until then.

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We had the time to go in front of the board to hopefully legalize this unit.

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which we hope the board will see get the credit.

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Thank you.

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Questions from the board?

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No.

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No.

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Anyone else like to testify in this case?

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If so, please raise your hand.

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We have one caller with the phone number ending in 6894.

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It's Van Story by any chance.

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Could be Reverend Nash too, Mr. Chairman.

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You've been unmuted, you're free to speak.

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Please unmute yourself.

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uh good morning mr chairman and all participants of the board um i'd just like to say

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excuse me reverend yes sir now please identify yourself

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reverend lewis nash senior do you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do affirm thank you sir

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we heard the uh testimony of mr mattione and uh mr burns and our uh three rcos along with

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the community meeting have no objection to that uh and we really appreciated the fact that he

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uh moved out the tenants uh at his own expense to tell if he could uh rectify that situation

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thank you for your testimony thank you anyone else would like to testify in this case

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please raise your hand i see no more hands chair you planning commission

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I see no more hands, Chair.

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Thank you. Planning Commission.

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Good morning. David Fecto, City Planning Commission.

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Mr. Chairman and members of the Board, this property is indicated for residential multifamily use in the City's comprehensive plan.

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We do not believe that one additional unit will have a negative impact on the block.

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We have no objection to granting this variance.

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Thank you, sir.

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MI 2020-001575.

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1431 North 15th Street my vote is yes my vote is yes my vote is yes my vote is yes

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thank you Mr. Chairman thank you thank you calendar number 1570 261 South 60th Street

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The attorney is Isaac Slepner.

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if mr slepner is not here he gave me a call this morning saying that he was having

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going through security in his building he's here he's here thank you isaac slepner here yeah they

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the the technology had to let me in uh good morning um mr chair members of the board

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name and address for the record good morning morning isaac slepner with matione limited 100

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north independence mall west suite 5a northwest philadelphia pa 19106 here for the property owner

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raphael realty llc and my client uh is with me mayor badouche who is a principal of raphael

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realty llc thank you do you swear or affirm to tell the whole truth and nothing but the truth

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yes i do do you also agree to wait the reading of the refusal and stipulate to its accuracy

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Yes, I do.

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And have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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We have sent everything to the board.

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We had a meeting with the RCO and we have a letter from the RCO.

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Thank you. You may proceed.

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All right.

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If I may, I'm going to share my screen and our printed materials.

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and oh bear with me here hold on technology ah here we go um i'm going to share my screen

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and

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our materials and here we go

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all right so we are going to share

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right here nope sorry bear with me here

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cancel let's try this again ah here we go can everybody see my uh materials here

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i'm actually going to go to full screen so uh i can just scroll through them um all right

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Exhibit one is our tax clearance which was run on December 1st. As you can see

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the owner is compliant with all property taxes. Exhibit two is the refusal which

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we've already waived in step two. Exhibit three will start with our site plan and

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elevations. So let me go back here and I'm going to turn this so that everybody

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can see it now the only uh variance that we are seeking is for open space usage at the property

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it is zoned cmx3 so the uses themselves are by right and what my client has planned here is

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a mixed use uh building with commercial on the ground floor and three dwelling units above

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In order to comply with the building and fire codes, the design of the building was required to have two means of egress, one at the front, one at the rear, accessed by two separate staircases.

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In order to do that, the staircases have to be like a scissor-shaped staircase.

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So this is our elevation, and if everyone can see here, you'll see the two staircases going, crossing each other, but they don't meet.

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And you'll see it better in the rendering on the next page, but 261 South 60th is mid-block on a pretty vibrant commercial mixed-use block of South 60th Street in the Cobbs Creek neighborhood.

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in the Cobbs Creek neighborhood. It does have a rear alley access, as you can see by this

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It does have a rear alley.

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site map, which was pulled from Atlas. This pink is the right of way at the rear. This is a photo,

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an aerial photo of the current situation at the site, which is it's a vacant lot. This is 60th.

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This is, I want to say Manning Street, and this is the alleyway behind, and this is 261.

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Over here is our, this is our kind of site plan, as you can see, the proposed building, stairs, roof deck.

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And we'll go on to the next page where you'll be able to see this with a little bit more clarity.

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These are the floor plans for each of the floors, starting in the basement.

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The basement would just serve as storage for the commercial as well as your mechanical maintenance areas.

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So as you can see, there's blue and green stairs.

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There's two different stair towers, Tower A, Tower B.

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So here's your front, your street level.

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This is first floor right here.

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And there's your front door.

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This side would go into your sizable commercial space over here.

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Then this is your first stair tower leading up.

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This is your stair tower going up and down from the basement out to the rear yard space and to the rear alleyway.

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Second floor is unit one, which is a proposed two-bedroom.

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Bedroom here at the front with a bit of a bay window at the rear with access to the roof deck.

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and two different doors to this unit with the two different staircases.

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Same thing going up to unit two, which is the third floor.

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Again, two bedrooms, living space, kitchen, bathroom.

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Same two staircases with two means of egress going up to down to the front and to the rear.

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and then again unit three which is the fourth floor same layout same square footage and then

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the roof deck which is actually accessible by everyone but each unit would have a key to its

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own unit would each would have a key to the roof deck so each unit could access the roof deck but

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no one else could access each other's units and each unit would have use of the two different

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uh staircases for means of egress which is uh pursuant to the fire and building codes

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um next up exhibit five oh is our elevation this actually probably is the best illustration of

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why we are seeking a variance from the code so here you see a little bit of a rendering

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and you can see the blue stair tower which as i mentioned goes out to the front uh door there on

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60th street the green stair tower which is stair tower b which goes out to the rear alleyway that

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leads out to the cross street and here's an elevation here's your first floor that's 60th

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that's the backyard and alleyway and as you can see both towers go all the way from basement to

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roof a leads out to 60th b leads out to the rear and this is in order for the new construction to

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comply with building and fire codes. Exhibit 6 is our letter from the RCO, Cobbs Creek Neighbors

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Association, and this letter was sent to the board on 12-15. We did meet with neighbors via Zoom.

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There were five neighbors in attendance at this meeting on Zoom, as well as myself, my client,

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our architect the community had raised some concerns about construction but those are I

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think concerns that neighbors would would have generally about your timetable your noise your

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construction dust and things like that there is a neighbor next door that is a church with a

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child care for small kids so there was concern about that but my client I think had assuaged

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the community's concerns that they would keep the noise, dust, et cetera, mitigated as far as they

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would be able to do, and the pastor of the church seemed satisfied by that. The Neighbors Association

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gave us a letter of non-opposition, did CC the councilwoman's office. It's council member Jamie

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Gauthier and Andrew Goodman, who may well be on this call. I know he attends a lot of ZBA hearings.

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Exhibit 7A. 7 are some photos of our site as it looks currently, and I'll take the board through this.

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Exhibit 7A. 7 are some photos of our site as it looks currently.

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So this fenced off, this is ours. This is 261 South 60th, and you can pretty much see all the way to the rear.

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You can't really see the alleyway just because of the way the shadows are.

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But as you can see, this block of 60th is a pretty vibrant commercial mixed-use block.

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You have this hair and nail salon directly next door.

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This is the aforementioned church and daycare, Falcon Land Tax Center.

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Those are all immediately adjoining.

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Here's a close-up of ours.

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You might be able to see the alleyway, how the alleyway intersects back there a little bit better on this one.

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This is ours from across the street.

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Again, there's the church, the hair and nail salon, and the tax accountant's office.

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This is, again, the church and the daycare.

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so and this is 261 south 60th and this is 259 south 60th exhibits uh seven and then here's

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more neighboring properties looking um northward on 60th there's a little takeout breakfast spot

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over here uh there's a bar on the corner um on the other side of the street is a jamaican restaurant

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some other restaurants and things i'll show you the water race shop that was the one i was hoping

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You can summarize. We get the picture that it's pretty heavily commercial.

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It's a fairly heavily commercial block of 60th Street.

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A number of small businesses and mixed-use properties on the block.

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I snapped a lot of pictures. It was a nice day. I was eager to be outside.

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Exhibit 7C is several photos of our orange posters with the notice of this hearing posted at least 21 days ago.

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Here's one that's right on the chain link fence of our property.

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Here's a sideways view of the same sign on our chain link fence.

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And there's our orange sign on the chain link fence again.

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Exhibit 8 is our date stamped application for appeal that was filed on September 10th of 2020.

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Exhibit 9 is our project information form, which was filed in September of 2020, in August of 2020, August 24th.

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Exhibit number 10 is our affidavit of service of mailings of notices to the neighbors, which we mailed on October 27th to all the addresses provided to us by planning.

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This is our notice to the neighbors dated October 27th, and as it mentions, the only

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refusal that we are seeking a variance from was for maximum occupied area.

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This is our letter.

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As you can see, everybody that was CC'd, copy of our notice of refusal.

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These are all the addresses that we mailed out to.

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It's quite a number because it's a fairly dense neighborhood.

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And Exhibit 11 is the deed in favor of Raphael Realty that was recorded on March 12th of 2020 in favor of my client Raphael Realty LLC and all the attendant documents with the DEA tax cert, transfer tax certs.

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And those are our documents. I would just like to ask my client a brief set of questions, if I may. Mayor, are you out there?

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Yes, I'm here.

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Mayor, please identify yourself with the record.

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Spell your first and last name.

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Sure.

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Mayor Badouche, M-E-I-R, B-A-D-U-S-H.

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And do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I affirm.

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Please proceed.

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Mayor, you are a principal of Raphael Realty, LLC, correct?

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Correct.

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And did you hear all of my testimony that I offered to the board today?

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Yes, I did.

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And would you adopt that testimony as though you had given it yourself?

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Yes. If I could just make, if I could just may add one point that the reason why we're looking for the extra seven or eight foot is basically so we could have a two bedroom apartment.

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Otherwise, without that, the apartment would just be too small and it wouldn't be beneficial for the area.

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thank you and i have nothing further thank you questions from the board no no no nope anyone

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else like to testify in this case if so please raise your hand

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i see no handshare thank you planning commission good morning david vecto city planning commission

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mr chairman and members of the board this property is indicated for high density commercial mixed use

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in the City's Comprehensive Plan, we do not object to granting this variance.

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Thank you very much. MI 2020-0015

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Thank you very much. MI 2020-001570, 261 South 60th Street, 60th Street, my vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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General, hold off, please, one second. A little housekeeping here.

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Earlier this morning, we announced that MI 2020-0015685039 Worth Street is continued.

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Just want to announce that request for continuance is to be a continued as a request attorney moving party.

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So the record will reflect that case number 13 is attorney moving party.

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Okay, thank you.

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So, calendar number 1563, 3138 West Allegheny Avenue.

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Thank you, members of the board.

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I have nothing further.

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I'm going to unshare here.

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That's okay.

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Thank you.

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I appreciate it.

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I have no further business.

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I'm going to log out.

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Thank you.

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jennifer is this you yes i'm here okay can you put your name and address on the record

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please and spell your last name sure jennifer bazidlow b-a-z-y d as in dog l as in larry o

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as in oscar 4500 worth street suite d202 philadelphia pennsylvania 19124 do you swear

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are a firm to tell the whole truth and nothing but the truth? I do. Do you agree to waive and

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stip? I do. And have you emailed your exhibit packet with proof of ownership, tax compliance,

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refusal, referral, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter? Yes to all of that. Thank you. You may

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proceed. All right. Give me a second. I'm going to share my screen. And then let me get on the

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correct case. All right. So like I said, my name is Jennifer Bezidlow. I'm here today representing

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the owners of 3138 West Allegheny, Kenai Kennedy, who owns the property through her LLC, KSF

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Acquisitions LLC. She should also be on the line for when we need her. I emailed in a packet with

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refusal, deed, proof of property tax payment, a letter of unanimous support from the RAH

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Civic Association, an email of non-opposition from Councilman Jones's office who may or may

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not be on the call today as well, a couple of letters of support from near neighbors,

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our community notification records, OPA property records, aerial view of the property, zoning map,

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use permits for nearby multi-unit properties, photographs and plans,

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which I would like to incorporate into the record. Let me just go to my photographs here.

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One second.

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Sorry, I'm just getting used to the bookmark method of doing this. So one second. Okay, so

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So 3138 West Allegheny is a just under 1,200 square foot RSA 5 zone parcel on the south side of Allegheny Avenue between the intersection of Hunting Park and Henry Avenue and 32nd Street.

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So you can kind of orient yourself right here.

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This is facing north.

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My client purchased this property in May of 2019 at Sheriff's Sale, where it was advertised as a

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two-unit building. If you go to the OPA records, we can also see that the city, the OPA records,

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indicate that this is a two-unit building. At the time of purchase, the property was already

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divided into two units in the floor plan that we are currently proposing.

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Let me get to the floor plans. The floor plans include one unit on each floor.

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Each unit is a two-bedroom, one-bath unit with its own separate entrances.

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The first unit enters directly through the staircase going up and the second unit there

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is a hallway from a separate entrance that goes up to the second floor. I'm

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going to go back to my photos to show you those two entrances which were

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already in place at the time of purchase. Let me see if I can get this a little

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bit bigger for us.

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Sorry, just trying to get everyone on board here.

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So you can see that there's two separate entrances.

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This is the entrance that goes to the upper unit, and this is the entrance that goes to

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the lower unit.

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So the owner, after purchasing this property at Sharersale, applied for some building permits

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to complete the renovations, and were denied because there was no record of the, despite

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the OPA records, despite it being advertised its share of sale as two units, Ellen and I did not

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have a record of this being a two unit building. The use of this property, let me just show you

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some interior photos. These are the units, this is the first floor unit, and then you see the

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entranceway up to the second floor, the second entrance, and the second floor unit. They're

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use is not out. Oh, so the goal of my client is to legalize these existing two units, obtain the

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building permits necessary to finish the renovations, and to rent a suitable tenant from the existing

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community. The use of this property as a duplex is not out of character with the existing uses.

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We can look at the zoning map here. Hold on one second.

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Sorry, this is scrolling slowly. So this is our property and why we are an RSA 5 zone property.

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You can see that it's immediately adjacent to industrial commercial mixed uses and heavy

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commercial use, as well as some multifamily zoning. Additionally, on the south side of the 3100

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block of West Allegheny, there are at least four other permitted two and three unit buildings,

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including the property immediately adjacent to our property at 3136, which is also a legal

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two unit building. Here's the, here's the use permits for the other multi-families on the block.

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This block, like I said before, is also not purely residential. When we go back to the aerial view,

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the, this is a McDonald's and this is a Pep Boys. So while you have some,

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you have a mix of single and duplex and triplexes along the residential portion.

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You also are adjacent to commercial uses. Across the street is the headquarters for Pet Boys,

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so it's a large commercial office building, and this structure over here is an auto zone.

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West Allegheny is also a large two-way street with heavy traffic.

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So we met with RH Civic. I'm just going to pull up the RCO letter. It was a fairly well attended

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meeting. And after that meeting, the community voted unopposed to support this project. I'm not

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sure if the owner of 314 West Allegheny, who's the other neighbor, who owns a single family

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home adjacent to our property uh he was at the meeting and testified in support that he was very

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happy that this property would be put back to use and occupied um and he also we also have a letter

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of support from that neighbor um uh supporting this use the use of our property as a two-family

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dwelling um i would just like to ask at this point i can show you the letter hold on one second

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letter from nearby neighbors and we had a couple other there was a couple we would have had more

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letters of support but there was a couple of health issues and obviously COVID um prevented

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a lot of outreach to additional community members but we do have a few from 3134 um this is 3128

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letter of support and then importantly this is the single family home that's attached

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to our property that is also in support of granting this variance. So just in summary,

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we have a mixed-use block that's owned single-family but has multi-family dwellings on it

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and also has some heavy commercial uses surrounding it as well as some industrial uses.

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So I would just ask, but we have unanimous community support. I would ask that Keena

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be asked to be allowed to speak so she can adopt my testimony.

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thank you please proceed ma'am

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could you please have your client to raise her hand

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Could you please have your client to raise her hand?

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Keena can you please

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Keena, can you please raise your hand?

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There should be a button at the bottom of your screen.

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Or if you are on the phone, I believe it's star nine to raise your hand.

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Keena has been unmuted.

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You're free to speak.

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Hi.

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Good morning, ma'am.

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Please identify yourself with the record.

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Spell your name and I'll swear you in.

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Hi, my name is Kena Kennedy, K-E-E-N-A, Kennedy, K-E-N-N-E-D-Y, and company name is KSF Acquisitions.

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Thank you.

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Swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you.

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Please proceed.

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Kena, you heard my testimony here today?

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Yes.

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You believe it to be truthful and accurate?

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Yes.

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And would you adopt it as your own?

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Yes.

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Thank you. Board, do you have any questions?

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Questions from the board?

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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I see no hands, Chair.

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Thank you. Planning Commission?

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Good morning. David Vecto, City Planning Commission.

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Mr. Chairman and members of the board,

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this property is indicated for residential multi-family use in the city's comprehensive plan

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we do not object to granting this variance thank you very much mi 2020-00153 excuse me

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start again mi 2020-001563 3138 west allegheny avenue my vote is yes my vote is yes

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my vote is yes my vote is yes my vote is yes thank you thank you members of the board

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thank you calendar number 1572487 hermitage hermitage street

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Yes, this is Elton Dos Santos, the owner of 487

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Hermitage Street. Sir, have you emailed your exhibit packet with all the required documents

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which would be proof of ownership, tax compliance, refusal or referral,

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photos and or plans of the property five days in advance of this hearing

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and have you met with the RCO and do you have a letter?

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Sir, you have to unmute yourself to speak.

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Excuse me, this is Sharon Saleta.

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I did review the exhibits and there is a letter in support from the Central Roxburgh.

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okay do you swear or affirm to tell the whole truth and nothing but the truth

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yes i do okay you may proceed yes i so i'm the owner of 487 um hermitage street

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and i'm currently trying to seek approval to extend our property um by five feet

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So we had met with the Roxborough Zoning Association on October 1st, and 28 of the

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neighbors had attended. We also have three of our neighbors, adjoining neighbors, that approve our

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plan. And this is the letter. So, sir, are you trying to share your screen? Yes. Oh, sorry.

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I didn't share. Hold on. Is that being shared? Yes, we have it now. Okay. Okay. And this

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This is our, this is the letter from Celeste Hardister, the president of our area associations.

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This here is the appeal.

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Here is the deed of my property.

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our tax compliance letter.

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This here is the plan.

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So what we're trying to do is

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so what we're trying to do is the house was extended to the side yard back in the 1960s

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the house was extended to this.

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however it was never truly permitted by the city plans were never sent in

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and what we want to do is build an extension out

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but by the city ordinance we have to have eight feet of space in between the neighbor's yard and

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our neighbors so each of us have to have eight feet so when the extension is built we will only

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have a difference of three feet and six inches so this here is the property it's the extension

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of the property so here instead of having eight feet it was it's currently three and a half feet

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so this is how the property currently looks and it's supposed to be eight feet from here

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but then this was previously done a few decades ago and before and after so basically we're asking

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the city and our neighbors agreed are fine with it if we can continue on with the project and have

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about and you know just continue with the extension and taking away basically four and a half feet

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from the side yard here

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this was the letter we had posted on our door back in um what was it back in september

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for the people to attend the rco meeting on october 1st

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this here is the current location of the property

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but the plan this is the pre-existing and this is how we would like it to be

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so i will be living on the property will not be selling it it's just making the property more

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modern and basically the main purpose of the extension on the side is just to give a larger

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kitchen open concept these are the pre-existing plans

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and the new plan would just be a very open concept residential property this was the application for

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appeal and this was the refusal so basically minimum side yard width of a semi-detached

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structure shall be eight feet, whereas the proposed side yard is three feet and four inches.

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And that's all. Any questions?

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Frank, is your audio okay?

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all righty we're going to pause while he goes in goes back out

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how about now can you hear me yes yes you any questions from the board no no anyone else like

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to testify in this case if so please raise your hand i see no handshare thank you planning

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commission good morning david vecto city planning commission mr chairman and members of the board

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this property is indicated for residential single family use on the city's comprehensive plan

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we do not object to granting this variance. Thank you. MI 2020-001572-487 Hermitage Street.

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My vote is yes. My vote is yes. My vote is yes. My vote is yes.

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Number 11, Carol. Yes. I'm sorry to interrupt. This is Sharon. I just wanted to be sure that

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board saw the um text letting you know that there's an add-on that wasn't included on your list

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bustleton ab and i'll call that up next thank you i didn't see that thank you

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calendar number 1571 5000 north 10th street

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calendar number one five seven one five thousand north 10th street

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Alan Nakamson has been promoted to the panel

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Mr. Nockamson, can you please put your name and address on the record and spell your last name?

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Yes. Good morning, members of the board.

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My name is Alan Nockamson of Nockamson, PC.

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Alan, A-L-A-N, Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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

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I do.

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Do you agree to waive and stip?

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Yes.

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And have you sent the exhibit packet in with proof of ownership, tax compliance, refusal, referral, photos, plans of the property five days in advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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I do.

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You may proceed.

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Thank you.

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Thank you.

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May I share my screen?

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Yes.

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All right.

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Good morning. Again, my name is Alan Ockamson, and I'm here to present 5000 North 10th Street.

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And in front of you is a number of exhibits. The first one is the deed to the property

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showing that Brandon Ross is the owner of the property, and Mr. Ross is online with me,

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and he'll attest to my testimony. After that is the tax clearance certificate

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showing that Mr. Ross is in compliance with his obligations as to this property.

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After that is the notice of refusal.

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This is an RSA-3 property and he's looking to make this into three dwelling units.

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After that, you'll see a map of Atlas.

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You'll see that this is a corner property.

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And here's a Google map as well, showing where we are in the neighborhood.

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And then here are photographs of the property.

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and as you can see currently it's uh boarded up it's a two-story structure although um the the

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lower level is really a lower level as you can see here uh it's you know it has separate access

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and it's outside it's raised up so people would have reasonable access to that lower level unit

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Here are pictures of North 10th Street, to the left, to the right, and then on the corner

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is West Rosecomb, to the left, and then to the right from the property.

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And then here are plans and drawings.

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and this is our proposed first floor or excuse me lower level you'll see that it's a separate

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entrance that you get in here you have a living room a dining room a kitchen one bath

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and then one bedroom but as separate access and then after that you will see the floor plans

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where is it here's actually the floor plans on one page but you know we talked about that

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in terms of getting to the second unit which is on the first floor you come from the front porch

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you open the front door you have a vestibule you have you know to the left on the first floor is a

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front door to the right you go up or you go straight ahead you go up a flight of steps but

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if you go left you have an open floor plan of a dining room a kitchen and then two bedrooms and

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one bath you come out of unit number two you go up a flight of steps and then you you have a landing

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and you have a front door with an open floor plan of a dining room in the kitchen and then you have

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three bedrooms and then one bath.

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Now we did meet with the Logan Community Enterprise Center

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and they unanimously supported our project. And here's a description that was given to

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and they unanimously supported our project.

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the Board of why they supported our project. So that's my presentation. I can take questions

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OR I CAN HAVE MR. ROSS AFFIRM MY TESTIMONY.

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MR. ROSS, CAN YOU VIRTUALLY RAISE YOUR HANDS?

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is it star nine can anyone hear me now yeah can you can you guys hear me i'm sorry yeah i kept

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going in and out so mr knockinson you have your client please yes i believe he's on the call

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right now please identify yourself for the record spell your name uh yes good morning uh brandon

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ross b-r-a-n-d-o-n last name ross r-o-s-s you swear in the firmness to tell the truth the whole

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truth and nothing but the truth i do thank you mr dockison yes uh mr ross you heard everything i

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stated today yes and is it true and correct yes it is and would you adopt it as your own testimony

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yes i will all right thank you thank you questions from the board no no

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anyone else would like to testify in this case if so please raise your hand

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chair we have north central philadelphia cdc that's been unmuted

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thank you please whoever you are please identify yourself with a record name and address spell

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your name uh good morning tina marie russell um at this t-i-n-a-m-a-r-i-e-r-u-s-s-e-l-l um on this

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particular case miss russell miss russell do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do so in this particular case we are representing logan community enterprise

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center and um we have um reviewed the case as presented to us the um fact that the climate

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in that area is notoriously focused on using corner properties in this particular manner.

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So it's historic as well that they use to utilize the properties in this way. In addition to the

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fact that there was some hardship from the client because of some mess up with the planning

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commission with the license inspection. So we assumed the fact that we would like to have this

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client actually have the variance granted and has the support of the community of the neighbors and

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on either side of him as well as the neighbors across the street so with that we say that we

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would hope the board would grant this variance thank you anyone else would like to testify in

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this manner if in this case if so please raise your hand i see no more hands chair thank you

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planning commission good morning david vecto city planning commission mr chairman and members of

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the board this property is indicated for residential single-family use in the city's

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comprehensive plan this building has a documented history as a two-unit dwelling we believe there is

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no hardship to justify increasing the unit count to three units we would support two units all right

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Mr. Chair, actually, in 1952, this was a triplex, just to correct the record.

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It is, the lower unit is above ground, correct?

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That's correct, Mr. Chair.

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MI 2020-001571, 5000 North 10th Street, my vote is yes.

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My vote is yes.

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My vote is yes.

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before we go to the next case carol which was number five we have that add-on

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it's uh calendar number m mi 2020 that's zero nine one five three eight seven eight zero zero

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busselton avenue is there an attorney with this case

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was beginning this hurt case was originally heard on december the first

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the applicant and or his attorney is was he coming back with feedback regarding the rco

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thank you members of the board um i am here on calendar mi 2020 001538

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justin excuse me please identify yourself

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justin excuse me please identify yourself yes justin crick j-u-s-t-i-n-k-r-i-k address is

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1-5-0-0 jfk boulevard suite 630 philadelphia pa 19102 you swear or affirm to tell the truth

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the whole truth nothing but the truth i do i do um thank you members of the board uh first i

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apologize for not being on video. I had an emergency meeting at a client site, so I'm not at

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my office. I do have the ability to present the materials again if necessary, but I do believe

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that this presentation was put on two weeks ago. It is for a group practitioner in an existing

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structure at 7800 Busselton Avenue.

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I'm back. I'm back. It reconnected. The matter was put before the board two weeks ago, and we were just awaiting discussion and approval from the RCO, the Ron Hurst Civic, that had had some problems meeting, but that was all resolved with discussions with State Senator Sabatina, and I believe that your office, the board has received a letter of approval from the RCO as well as councilperson's office at this time.

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thank you do we have any questions from the board no anyone else testifying in this case

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please raise your hand i see no handshare thank you planning commission

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good morning mr chairman david effecto city planning commission i believe we already gave

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recommendations but i certainly will put it on the record again um okay mr chairman and members of

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the board this property is indicated for single-family residential use on the city's

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comprehensive plan since there is already a medical office space in the property and this

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will provide medical care to senior citizens we have no objection to granting this variance

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Thank you, David. MI 2020, that's 091-538-7800 Busselton Avenue. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Carol, before you begin, it's our understanding that there may be a lot of people involved in this next case.

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the reason I'm asking is if the court reporter needs a break we can take a break now

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because I don't know how long this last case is going to go on for I will do my best to keep it

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brief pardon me yeah I could take a quick little break take take a 10 minute break okay everyone

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thank you thank you thanks thank you Carol you this is number five on our sheet okay calendar

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number is 0262-2116 West Tioga Street.

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I believe I'm already unmuted. Hi. Hi, Jennifer. Can you put your name and address on the record,

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please, and spell your last name? Sure. Jennifer Bazidlo, B-A-Z-Y-D-L-O, 4500 Worth Street,

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suite d202 philadelphia pennsylvania 19124 and do you swear or affirm to tell the whole truth

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and nothing but the truth yes do you agree to waive the reading of the refusal and stipulate

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to its accuracy i do and have you mailed the exhibit packet with proof of ownership tax

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compliance refusal referral photos and or plans of the property five days in advance of this hearing

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and have you met with the RCO and do you have a letter? Yes, and I would just like to add all of

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the exhibits were mailed five days ahead of time. I did talk with Ms. Saleta. Revised floor plans

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were also emailed yesterday based on some neighborhood concerns. They don't need to be

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stamped. This is a use variance. Just want to let you know there's the exhibit changed. That's all.

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Okay, great. Thank you. You may proceed. Sure. So like I said, my name is Jennifer Bizzidlow.

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I'm here on today about 2116 West Tioga on behalf of the owner, Nitsan Rosen.

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I'm also joined here today by the property manager and real estate agent, Trina Clark, who works with TCS Management.

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I'm just going to share my screen quickly.

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All right.

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One second.

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All right.

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So I did email in a packet with the deed showing Neitzan Rosen as the owner.

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refusal, the property taxes are in compliance, the RCO letter from Tioga United, RCO communications,

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Refusal, the property taxes are in compliance.

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The RCO...

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the community notification records, zoning map, aerial view, list of nearby property uses,

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use permits for all the non-conforming uses in the area, some additional documents about 2114

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West Tioga that may or may not be relevant, some recent nearby sales records, photographs, and plans

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which I would like to incorporate into the record. Let me just go to my photograph so

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I can show you the property we are speaking about. So this is 2116 West Tioga. It's on an

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approximately 5,800 square foot parcel that runs street to street from Tioga to East

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Stow Street between 21st and 22nd in the Tioga neighborhood of Philadelphia. This property has

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been vacant, abandoned, and in general neglected for at least 20 years, possibly more. There are

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some structural issues concerning the property, and it is in need of a complete rehab inside and

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out. This renovation needs to be done sooner rather than later. It can't wait another 20 years,

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or else we were at risk of having this 100-plus-year-old, what can be a beautiful property, demolished.

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So our original application was for six units.

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This would have included one studio and one one-bedroom on each floor, each of the three floors of the building.

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However, when we did meet with the RCO, there were two near neighbors in attendance.

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both seemed to indicate that they were okay with a multi-family use, but indicated that they would

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like less units and to have two bedroom units available for families in the neighborhood. So,

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I talked with my clients and we did some some evaluations, and we were able to reduce the

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number of units from six to five. And I'll explain why this is what we came up with. Let me just get

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to the floor plan so everyone can see what we're talking about. All right, so this is the basement.

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This will just be used for storage and mechanicals. This is the first floor. We have a studio in the

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front and a one-bedroom in the back. Similar on the second floor, a studio in the front and a one

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bedroom in the back. And what we did to try to accommodate some of the neighbor's concerns

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was to create just one unit on the third floor that is a two-bedroom unit. So five units is

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really the minimum that we can do with this building to be both physically and economically.

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In terms of the physicality of the existing structure, there's an existing center staircase

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here, which basically separates the first and second floor in a way that prevents the first

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and second floor from being confined in the way that the third floor has been.

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So we're left with these two units on each of the first and second floor, and then that

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third floor, we met the neighborhoods concerned and added a two-bedroom unit.

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Um, I understand sometimes the board says, okay, you can move the center staircase, but this kind

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of goes into our economic concern. The total acquisition and renovation cost for this property

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because of the condition it is in, um, and we're not talking any profit, just costs is going to be

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over $350,000 to get this property habitable again. Uh, the rental prices in the Tioga neighborhood,

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especially with the type of renovation my client does

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and how they target their tenants,

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there's just not enough rental value

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to cover the cost if we do fewer units.

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The owner's plan here is to renovate these units

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into modern apartments,

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hold them and rent them at accessible prices

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for the existing community.

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I know the board doesn't like us

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to necessarily go into hard numbers, but what I can say is that it's a price point that working

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adults in the community can afford. As I mentioned, if this renovation isn't done, like if we were to

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say let's hold on to it to see if sort of real estate conditions improve, maybe rental markets

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go up, we would be facing, I don't know how, you know, I don't know when that would happen and I

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don't know what would happen to the structure in the meantime. I don't like to make, this is not

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an idle threat, this is not like approve something or or else. I just wanted to show this aerial view

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of the surrounding blocks and you can see especially on the 2000 block.

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of the surrounding blocks. And you can see, especially on the 2,000 block of West Tioga,

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just how many properties have been demolished. And you can see some also on the 2,200 block

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of West Tioga that have been demolished. And these were properties that when you look at their

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records, had had that same sort of long-term neglect and abandonment. And these properties

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were largely had to be demolished by the city and many of them are still owned by the redevelopment

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authority with no plans of redevelopment. I'm just going to go to the list of nearby uses because you

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can really see, this is color-coded, all of the green properties are properties that have been

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demolished and are now vacant land. So I'll stay on this tab here.

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This use as a multifamily, while it's zoned for single-family use, is in no way out of character

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with the existing community. From the 2000 to the 2200 block, which is the block our property is on

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and one block to the west and one block to the east, all of which are zoned for single-family

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use, either RSA 3 or RSA 5. There are 65 total occupied dwellings. 54 of the 65 are not being

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used as single-family residences. In fact, only 11 of the total 85 parcels are current single-family

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homes. On our block alone, there are 24 parcels. 22 are occupied. You can see this here on my

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chart. 22 are occupied. Two are vacant, including our own property at 2116. 14 are non-single family

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dwelling uses and only eight are. Of the ones that are not single family dwellings, we have

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some multifamily. We have a large 40-unit apartment building on the corner, but there's also

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a bunch of rooming houses and personal care homes. And this is including our two adjacent

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properties. If you can see, this blue property is our property here at 2116. 2118 is being used as a

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multifamily property with apartments. And then 2114, the last permitted use was as a seven-unit

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rooming house with a total of 16 units. Of the two neighbors that were in attendance,

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one of them was the owner of 2114, who indicated that instead of being used as a rooming house,

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it's actually being used as a personal care home, but they don't have a use permit for that.

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But in any case, there are seven rental units. There are seven rental permits for that property

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and a total of 16 residences, which is a higher intensity use than what we are asking for,

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especially with the five uh the five units we expect less people to be living in the building

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than in our jennifer excuse the interruption how many units are in 2118 i'm not sure i'm going to

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be honest with you i'm not sure there was no permit um is that the adjoining property the

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adjoining the adjoining twin is 2118 the neighbors told us it's being used as a multifamily

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um all right so like i said so i'm just going to show you this um spreadsheet yellow are non-single

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family white are single family blue is vacant structures and green are existing um or or vacant

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land uh houses that have been demolished so you can just see that the prevalent use here

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in this area is non-single-family homes. And when you expand beyond Tioga and you go a block up on

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both 21st and 22nd, you hit large apartment buildings. So a block north on 22nd Street

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is a 109-unit apartment building. And when you go up a block north on 21st, you hit a 53-unit

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apartment building. So I'm just going to show you again on this map here.

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You can kind of see some of those larger buildings up here, these apartment buildings.

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All right, so I just want to briefly mention, as you can see in the aerial view,

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almost none of these multi-family rooming houses, boarding houses, personal care home

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provide off-street parking. This is because these are existing structures.

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And while we do have a large lot that goes street to street, we did explore

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And while we do have a large lot that goes street to street, we did explore parking in the rear

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yard. First of all, that would require a separate variance. That part is zoned RSA 5. And second

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of all, the width, there's a length, but there's a width issue. So really, we couldn't accommodate

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more than perhaps one car for off-street parking. Maybe two based on the dimensions, but it wouldn't

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it wouldn't be a full six based on the dimensional uh variances and it would require a curb cut

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addition and additional variances for off-street parking in the rear because it's rsa5 um

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let's see so i said we had a meeting with uh tayoga united on december

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second. I'm just going to bring up their letter. There were a total of 11 people present,

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but only two of them were near neighbors. I did send out 117 notification letters with proof of

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mailing. So these were all the addresses I mailed them out to, and there's the proof of mailing,

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but only two neighbors attended. One of them was a single-family home owner and the other was the

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owner of a seven-unit rooming house. In the letter to the RCO, or the RCO letter, excuse me, from

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Tioga United, you can see that there was not really an opposition necessarily to this property being

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used as a multifamily building. However, the immediate neighbors were asking for no more than

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four units. We did go back and take a hard look, and that's why, as I explained before, we really

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came up with that the best we could do was to create five units and have that third unit be

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the two-bedroom. There was just no way to incorporate more two-bedrooms or reduce the

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the unit count any further and still have this be a viable project that would preserve this building.

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The neighbors also asked for trash, like a shed to store trash in. We were happy to provide that.

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Fencing around the yard, again, happy with that. And additional lighting, that's great for everyone,

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no problem. I would like to call Trina Clark, who is the property manager,

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who will be the property manager for this property and is also a real estate agent

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because I just wanted to talk a little bit about single-family home conditions

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in this neighborhood and then also adopt my testimony.

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Trina, can you raise your hand so you can be unmuted?

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Yes, can you hear me?

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Yes.

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So Trina, can you put your name and address onto the record, please?

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Yes, my name is Trina, T-R-E-N-A. Last name is Clark, C-L-A-R-K-E. The address is 107 South

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2nd Street, Suite 300, Philadelphia, PA, 19106.

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And Mr. DeChico, do you want to swear in?

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frank can you hear that is the witness on do you swear or affirm to tell the whole truth

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and nothing but the truth is that what you asked jennifer yes i think frank may

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not be on again you may have lost frank yeah

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oh frank because his audio was off so he'll be sorry i had to i had to get

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leave the meeting again my audio keeps going out for some reason frank i just swore the person in

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and that's all i did you're okay with uh telling the truth there yes okay um so i'm just going to

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ask you a couple of questions um as both a pro experienced property manager and as a real estate

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agent you you are both of those correct yes okay and you have worked you're working closely with

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this ownership and development team for this property so you're aware of uh the condition

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of the property and and special concerns with it correct yes all right and um i'm just i'm just

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going to have you confirm a couple of uh things from for the record uh this purpose this property

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was purchased last year for approximately $75,000, correct? Yes. And the estimated cost

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to make sure this property is structurally sound, renovated, and make it habitable again

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is about $280,000, correct? Yes. So that's a total of $355,000. You don't need to confirm

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my math. I'm pretty sure on that one. So as part of your job as a property manager and also as a

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real estate agent, have you evaluated the recent property sales?

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um have you evaluated the recent property sales um in this area i'm gonna also put up a couple

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right now yeah okay let me get to the page so these are these are current property sales i'm

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just scrolling to meet one thing hold on um i'm sorry in any case i'll keep asking you questions

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So are there any single family homes in this area, like in the Tioga neighborhood, that

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are selling in the $300,000 to $400,000 price range or even above?

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No.

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Are there any that are selling above $200,000?

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No.

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Okay.

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And so based on the comparable sales that you've seen, do you think it would be possible

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to do the renovation work on this property, even at like a very basic trim level?

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finish level to get all of the work done to make it habitable again and sell it at a price that

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would make sense to do that work? No. Okay. And how about if you did those renovations but tried

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to rent it as a single family home? Would that be an economically viable plan? No. Okay. Thank you

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for that information. I would just say, then I would also say, have you heard my testimony here

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today? Yes. Do you believe it to be truthful and accurate? Yes. And would you adopt it as your own?

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Yes. Thank you. At this time I would take questions from the board. Thank you. Any questions from the

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board? No. No. Would anyone else like to testify in this case? If so, please raise your hand.

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Chair, we have Sloan Foulkes. You've been unmuted. You're free to speak.

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good morning mr folks please identify yourself with the record you're still on the road from

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earlier today you mean charles richardson well charles richardson all right

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charles richardson from the office of councilwoman cindy bass room 312 city hall

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and do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do please proceed uh question uh jennifer

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has the rco seen the new plan um i didn't i did not show it to them yet but they we did have a

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full discussion about whether or not they would be okay with a smaller number of units

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um and as indicated in their letter they were okay with up to four okay uh they have not seen

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to meet with them they offered you a meeting last somebody making noise mr richardson something i

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think you're moving something around we're getting static so can you hear me now now yes okay all

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right uh as i was saying they offered you the opportunity to meet with them uh with any changes

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that you had last night which would have produced a letter today and you know a letter to us and

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we would have been able to approve. But at this point, you have made changes, but you have not

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gone back to the community to talk about the changes, correct? I would like to address that

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issue. I have been reaching out to the community association since February. I'm just going to do

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a brief, let's just say that I have been reaching out since February. I received no communication

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until September. I then had to continue one hearing, again with no communication. I didn't

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receive any communication scheduling a hearing from February 22nd through November 19th. We

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finally had a meeting. The proposal was discussed in full. The neighbors made it very clear that

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they wouldn't support anything over four units. I said I would go back, and I just did not feel

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that any further delay was warranted based on the conversation we had already had with

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the community. I'm sorry, Chair, if I could interject, just for the record, the attorney

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did contact me on multiple occasions stating she was unable to connect with the RCO. Thank

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you. Thank you, Tanya. Again, I will go back to the fact that the RCO has not seen any

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changes and the community hasn't approved any changes as yet. We're going to reserve

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our uh opinion on this and let the board make the decision uh since this that the community is not

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being engaged fully on this uh no matter how many times you actually went to that you just had the

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meeting on december the second and they offered you something within another couple of weeks but

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you declined and which would have you know which was the day before but uh you know we're going

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to reserve our opinion on this uh mr chair thank you thank you very much anyone else who would like

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to testify in this case? If so, please raise your hand.

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There, Trina Clark has her hand up again. Did you want to hear from her again?

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I believe this is, we didn't hear from her yet on this case.

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I believe this is, we didn't hear from her yet on this case.

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This is, no, that was my property manager.

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She just testified.

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Oh, okay.

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I'm sorry.

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I don't think Trina needs to be heard again.

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Anyone else, would anyone else like to testify?

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I have North Central CDC that I'm on mute now.

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Hi, this is Tina Marie Russell again.

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Good morning.

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Just identify yourself.

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You're still on the roof.

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Thank you.

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This is Tina Marie Russell, representing Tina Marie Russell.

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I happen to live down the street from this property, and as a community member, I'm not really, first of all, I hadn't been notified of a meeting, but more importantly, we are oversaturated.

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When I say oversaturated, we're oversaturated.

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You just gave statistics on how oversaturated we are.

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I'm in agreement with the RCO and the city council representative, Charles Richardson, that if we need to have another meeting, then I would suggest, and I would appreciate if you would let the community have another meeting so that everyone could be apprised of this situation.

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I appreciate that, but according to the attorney who's representing the applicant, and correct me if I'm wrong, I think she stated a few times, the community said that they would not support anything over four units.

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so the applicant is basically saying we're reducing it from six to five four is not going

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is feasible based on the way the property is laid out so we're all at the five number five unit

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number i don't see if i i i can't imagine having another meeting where it's going to be resolved

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and that was my my my feeling as well you know i am usually a fairly cooperative person

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I just didn't see the reason to further delay this hearing based on the fact that we had over an hour conversation about the use of this property and what the two near neighbors that were in attendance would support.

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And I just didn't see how going back would have any would lead to any more productive conversation.

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And it would just create another delay, another continuance, further further deteriorate.

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Anyone else would like to testify, please raise your hand.

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Something new and different.

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Chair, we have Charles Richardson who wishes to speak again.

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Sure, Mr. Richardson.

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but again i i reiterate that uh they did offer you a meeting last night you know for that be

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scheduled for last night and you would have been able to present the plan the revised plan at that

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point in time and could have gained their their their uh their uh support but uh you know you

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declined that and uh and and and in such that just presents another situation where you're

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trying to kind of disenfranchise

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the community. The community has nothing

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to do with the RCO. The RCO

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was having problems

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trying to get online, and

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I think that you were pretty much aware of that fact.

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But once you did

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get online, they did offer you the opportunity

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to come back and talk to the community one more

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time, which you declined to do.

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And that would have been last night. And again,

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we've done RCO meetings

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the night before and still

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got the support letter and everything else

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altogether at this you know within 24 hours or less so again uh i just wanted to clarify that

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that that that that uh was your choice and uh you know so that i'm you know i'm going to leave that

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okay thank you and you're still uh deferring to the uh decision of the board correct well i'm

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going i'm going i'm going to say say because of the fact that the uh rco opposed that the

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councilwoman is was opposed but i'm going to you know i was trying to uh give give an opportunity

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for the applicant to come correct to the community.

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But unfortunately, that's not the case.

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I'm just going to say again

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that it's not like this is a building,

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a new construction proposal

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where we're tweaking a few things.

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We discussed unit count and layout and floor plans

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with what the neighborhood would want

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and what they would not want.

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I just don't, again, I just,

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it's it's not trying to disenfranchise everyone i have the proof of mailing everyone was notified

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of the first meeting we had nothing to do with it okay uh let's uh please let's cut it thank you

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thank you is there anyone else who would like sharon sharon yes i'm sorry this is sharon sled i

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just wanted to clarify for the record yes that there are no revised plans being presented this

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is the reuse of an existing structure therefore there were no original plans to revise the

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change would only require a proviso stating the max

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change would only require a proviso stating the maximum number of units.

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And Chair, if I could just interject just to see if this could be of help, even though we're no longer doing here and or resumption hearings, if you wish, that could be a consideration and I can schedule this as soon as January, but it's totally your call.

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thank you uh jennifer is there a uh is this a time there are time constraint if we can get

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this done like the first weekend that we come back in january i think it's i can just say that

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we started this process last year and we've been delayed so much already that we we just really

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want to get this project underway as soon as possible understood and i'm still kind of stuck

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on if the community is saying no more than four and you guys are at five and you can't do the four

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i don't know what another meeting will accomplish uh and i understand mr richardson's concern

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about they had the up the applicant had the opportunity to meet last night

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uh i do understand that but anyway mr richardson did you want to say anything else

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anyone else would like to testify in this case

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chair we have tina marie's hand up again would you like to hear from her again

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30 seconds

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thank you as an effective community member i'm firmly saying that i would like to have another

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meeting and the fact is that this is people where people live here i pay my taxes here

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I don't see where the hardship is coming in at that we cannot defer to that, that we can understand why it is she has to have five instead of four.

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We have a whole lot of people, as you look on the RCO list of upcoming hearings, of people bringing in five to 10 to even up to 70 units.

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And so we need to have a firm understanding as to not have even my property.

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I mean, there's no I don't see the hardship in waiting.

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I don't. And I firmly stand put to that.

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And I ask City Council to agree with us as a community member to side with us and have this be, as was suggested, we have that meeting in January.

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That's my firm statement.

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Thank you. Planning Commission.

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Good morning. David Effecto, City Planning Commission.

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Mr. Chairman and members of the board, this property is indicated for residential single-family use in the city's comprehensive plan.

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Tioga United requested the neighborhood rezoning to single-family in 2006

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because they believed they were being saturated with large multifamily uses.

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We could see allowing between two and four units here,

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but we oppose granting a variance for five units.

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Thank you.

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I just don't know how you physically create four units because of that staircase,

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which would probably mean you have to redesign the entire structure interior of the structure

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from the first floor all the way up through the third. Unless, Tom, I don't want to put you on

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the spot. You're the architect among us. Mr. Chairman, do you see any feasible way? Well,

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I mean, I see it as a very, very expensive ordeal. The stairway existing is a restriction.

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i don't see any way that you could do better thank you tom appreciate that all right mi 2020

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dash 000262 2116 west tioga my vote is yes with the proviso maximum number of units five

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my vote is yes with proviso yes with proviso yes with proviso thank you all i believe that

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completes our morning list is that correct yeah yes any outstanding business tanya or sharon

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not from me chair okay see everyone back at two o'clock stay safe not for me

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thank you and tanya do you need a few minutes nope chair we got a 60 something people we're

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ready to go okay thank you we'll have all right good afternoon everyone my name is frank de chico

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i'm the chair of the zoning board of adjustment i'll be participating in today's hearing along

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with our vice chair miss carol tenere board secretary confessor plaza and board members

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Mr. Thomas Holloman and Mr. James Snell. Board Administrator Ms. Tanya Suckett and

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Board Attorney Ms. Sharon Saleta are also in attendance. For those of you who haven't

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yet participated in one of our virtual hearings, I'll go through some of the basics of what

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you can expect. First, we will be administering oaths to individual participants.

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First, we will be administering oaths to individual participants prior to their testimony.

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Yeah, that's huge.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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Excuse me.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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i'll repeat to enter an appearance statement call google 267-270-5548 and leave your email address

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and the address of the property at issue with that being said let's give me a second here

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i will read now into the record those cases that have already requested a continuance

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number one on our list mi 2020-001309 109 pleasant street number three on our list

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MI 2020-001230

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1407-09 West Grange Avenue

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number four on our list

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excuse me

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excuse me Frank I'm sorry

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on the last one on Grange Avenue

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we have a

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that is going to be heard

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on January 6th at two o'clock

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thank you I left that out

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sorry thank you

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okay number four on our list

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MI 2020-002205, 1413 West Pacific Street.

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Number six, MI 2020-000055, 1526 Manton Street.

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This case was previously continued to November the 10th.

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It will be continued again, must be heard, and MI 2020-002411, 7430 State Road Attorney

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Moving Party.

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If anyone objects to those continuances that I just read into the record, please raise

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your hand at this time.

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i see no hands chair thank you and with that i will now ask if there are any other requests

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for continuances or withdrawals so please raise your hand at this time

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chair we have charles richardson mr richardson mute good afternoon mr richardson please

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identify yourself for the record you're still under oath from earlier this morning. Good afternoon

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Mr. Chair. I am speaking about MI 2020 000766 1512 Lindley Avenue. Okay is that okay number

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number five on our sheet to the rest of the board. Yes, sir. Requesting a continuance,

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they have not been able to meet with the RCO, not any of their fault, actually. This is fallout from

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Logan Civic, again, not doing any RCO meetings. And there was confusion as to which RCO was going

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to be taking on the responsibilities for this meeting. We reassigned it to the Logan

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Community Enterprise RCO, and ask them to do an expeditious hearing as quickly as possible,

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wondering whether or not, if it is continued, it could have a January date, and that way it

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wouldn't pose too much of an imposition on the applicant or the attorney. Thank you.

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Mr. Lockerson. Excuse me, this is Sharon. Alan. I'm sorry. Hi, how are you doing? The attorney is

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Hi, how are you doing?

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The attorney is Alan Nockmson.

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Alan Nockmson.

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Good afternoon, Mr. Chair and members of the board.

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Alan Nockmson.

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So we would have no objection to a continuance if it was literally we would have it the first week of January.

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This is a matter that we've, and Mr. Richardson would agree, we've worked really hard in trying to get in front of the community.

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The original coordinating RCO was Nicetown CDC. Then the councilwoman changed the coordinating RCO to this Logan RCO organization. And once that was announced, then the Nicetown CDC indicated that they're willing to meet with us.

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So, again, we'll do whatever, you know, we'll defer to the board on this.

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All right, let me find out.

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Tanya, do we have any dates in early January?

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No, unfortunately not.

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It would have to be February.

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So can we, and we've had this a while.

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This was filed in June, this appeal.

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Can we have this heard and have a supplemental hearing just to get community input?

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Mr. Richardson, would you have any objection to us hearing this and resuming the case to a specific

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date? No, not at all. We're all in agreement on that? Excuse me, but the resumption hearing would

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the resumption hearing would still be in February, wouldn't it?

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Oh, I thought we can squeeze that in. Well, let's hear from Ms. Sunkit. Ms. Sunkit will tell us.

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Unfortunately, we're overwhelmed because of the two weeks we're about to have off.

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So we really don't have any availability. I've already squeezed a lot on the January calendar.

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Yeah, the unfortunate matter is that we really have worked hard to have this heard in front of the community.

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I would ask the board to consider the appeal on its merits today. It's a corner property.

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it's all we're trying to do is legalize or change the use of a commercial component

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on a corner property and make it residential where it's above grade um it's really not that

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controversial of a project and my client has waited you know almost six months for this to be heard

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okay i don't usually push that hard but yeah i know i understand i think mr richardson's

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trying to be helpful as well uh it's one of those unfortunate circumstances we do have holiday

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breaks coming that's uh obviously delaying what we can normally do uh all right we'll hear the

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case and then we'll make a decision at that point thank you we'll go forward all right thank you

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both mr richardson thank you any other requests for continuances or withdrawals

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chair we have slone folks who's been unmuted good afternoon mr folks please identify yourself

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for the record you're still under oath

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mr folks you can unmute

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okay i'm sorry i thought i did unmute myself again slone folks

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S-L-O-A-N-E, Office of Fire, O-L-K-S.

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Office of Councilwoman Maria Quinonez Sanchez, Room 508, City Hall.

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Regarding the matter of MI2020-0001162055 North 2nd Street,

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we don't have a letter of a meeting with the convening RCO,

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which we believe was Norris Square RCO, Norris Square Community, NSHCA RCO. If there was a

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meeting and the lawyer is available, I think the lawyer is Mr. Vincent DePino or DeFino,

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we'd be more than happy to allow the case to go on. But if there wasn't a community meeting,

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we'd request a request a continuance. Thank you. Excuse me, this is Sharon Saleta. I believe we

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do have a letter of support from the community organization the attorney's name is john griffin

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okay all right well thank you thank you very much and mr polka

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that wonderful thank you very much thank you anyone else continuance or withdrawal

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we have someone by the last name of islam that's been unmuted

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you're free to unmute yourself. Good afternoon, Mr. Chair DeChico, as well as the board. My name

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is Mukben Islam. I'm an attorney on matter MI 2020-000308. I apologize. Excuse me just one

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I apologize. Excuse me, just one second. Would you please spell your first and last name?

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second. Would you please spell your first and last name?

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M-U apostrophe M-I-N. Last name is Islam, I-S-L-A-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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I do. Please proceed.

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All right. I apologize for inconvenience. I'm not asking for a continuous withdrawal. I am asking

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that I'm not sure why I'm on the list, but I'm in commuting back to my office to another matter.

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So I just want to let the board know in case I get caught. I didn't know the procedure for that.

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I apologize.

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uh well we got two cases ahead of you so far and i should be there in 10 minutes and i should be

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okay all right thank you thank you anyone else

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i see no hands chair thank you um i with that i'd like to remind everyone that please do not

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attempt to testify in the chat any comments should be directed to the board of administrator

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Ms. Tanya Sunkit. And I believe unless Tanya and or Sharon have anything else to add,

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we're ready to proceed. Yes, on my end. Calendar number 2422, 1206 Alter Street.

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anyone here for 1206 altar street i am david orfanides okay mr orfanides can you put your

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name and address on the record please and spell your last name certainly uh david orfanides last

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name is spelled O-R-P-H-A-N-I-D-E-S. I'm with the law firm of Orphanides and Toner here at

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Two Penn Center, 1500 John F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.

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Do you swear our firm to tell the whole truth and nothing but the truth? I do. Do you agree to waive

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the reading of the refusal and stipulate to its accuracy? Based upon my email communications with

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the examiner i do waive their reading and i stipulate to attack okay and have you emailed

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an exhibit believe it or not is right hey yeah happy holidays thank you have you emailed an

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exhibit packet with the required documents proof of ownership tax compliance refusal referral

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photos and plans of the property five days in advance of this hearing have you met with the

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rco and do you have a letter uh we forwarded everything except for the tax clearance and

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a letter from the RCO five days in advance. I did forward an email five days in advance

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from the RCO reflecting the unanimous non-opposition to our proposal. I believe that

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letter came out on Sunday, over the weekend, both to the zoning board. I had it, have it. I also

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forwarded it to the zoning board's attorney to make sure she had it as well. So you should have

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had that. The tax clearance was after the five days, but that has been forwarded and uploaded

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it as well. Okay, so we have everything. You may proceed. Yeah, we did meet, obviously, meet with

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the RCO. So again, my name is David Orfiniti, and I'm here. May I share my screen? Yes, please.

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Okay. You all see that. Nothing yet. Nothing yet. Let's see.

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how about that yes we have thank you okay fantastic um and i'm here this afternoon on

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behalf of case of basha who's the owner of 1206 altar street um running through our index of

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exhibits you can see at exhibit one is our notice of refusal uh the application is for a single

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family dwelling 38 feet tall uh four stories with a front-loaded garage uh obviously at the front

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uh roof deck roof deck pilot house uh we the property zone cmx3 we you'll see in a little bit

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that our side the south side of the 1200 block of altar street uh save for the uh three vacant lots

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fronting on with altar street addresses and then the corner property at southwest corner of south

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12th and altar street being vacant um the remainder of the properties um except for two

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other ones are single family dwellings um and then of the 14 or the 15 that have frontage

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on the property uh or on the block one is four vacant six have garages uh seven with what we're

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proposing of the 15 total but it's own cmx3 cmx3 does not allow single-family

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use so you see we have a refusal for that but again as you'll see there are a large

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So you see we have a refusal for that, but again, as you'll see, there are a large number, other than the properties that I've brought before the board in the past, for mixed residential and non-residential use.

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Everything else on the south side is single-family residential, the opposite side being all commercial.

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The other issue is that in CMX3, as you can see, for the refusal of vehicular entryways of private residents' parking garages, which this is because it's three or fewer parking spaces associated with the residents.

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and carport shall be prohibited from fronting on any street,

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whereas the proposed vehicular entryway is fronting on Alter Street, as I discussed.

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So we have two refusals.

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I did include my email correspondence with the examiner back in October,

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just making sure he didn't miss anything.

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He's sticking to his guns, doesn't feel that there needs to be any change.

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If you wanted to read all about that, you can,

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but I don't believe there's a need to do that.

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Our number two, or exhibit two, is that email from the community group

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that i forward with the package um showing the vote um 15 nothing in support and again

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you have that you should have the letter and i can pull it up if you need um the letter that shows

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the um second and that key they come in on the 13th i think we're good on that yeah here you

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can see the letter and that to you guys as well uh the plans that were submitted to ellen i there

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are revised plans nothing that changes anything substantially from the zoning standpoint other

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than uh the original these original plans that were submitted to ellen i the purple here are the

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comments we received from the streets department which led to some additional revisions um there

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was a conflict whether the building was 38 feet tall or 40 feet tall uh it is 38 feet tall to the

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roof from average ground level again complying with the single family residential rsa fighting

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requirements there was an issue with the far that was indicated the there is no height limit in cmx

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3 but we didn't want to cherry pick we designed this to meet the rsa dimensional uh criteria

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area even though 500 far is permitted the original plans reflected 400 when it's actually

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only 300. so we made some and you'll see we made some other changes by providing turning radius

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streets department details for curb cuts and some other things but other than that

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it has remained a four-story building with the pilot house code compliant pilot house

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code compliant roof deck you can see here there is a cellar which wasn't reflected on the original

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plans and you'll see later that that is uh clearly noted there was an egress well shown

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on the original plans for egress out from the rear um to the rear from the cellar there are

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no bedrooms in the cellar you'll see that in a minute it's a bit for our revised plans again

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just going through the things that i discussed and we would ask it's one sheet that they'd be

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stamped at the board by the board today if you choose to approve the the variances and that i

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did provide those these revised plans and the proviso revised proviso plan form uh to council

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for the board five days in advance

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floor plans um as you can see the cellar no bedrooms again here's that egress up well out

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to the rear family room storage out at the front the parking garage as you can see at the ground

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floor foyer um and passageway or hallways that lead from the rear egress back out to altar street

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comply with the building code second floor is where the common living area is third floor

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two bedrooms one bath fourth floor master i'm sorry here even though it says roof plan and

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floor plan they're kind of flipped a little bit here um on the right is the fourth floor plan

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master suite with master bath closet and then the roof as which is this the illustration on the left

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i-a-2 um shows the roof deck with the pilot house co-compliant pilot house under 125 square feet

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here's a rendering at exhibit six showing what the building will look like as you can see and i'll

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show you the photographs the buildings that extend to our west we have a vacant two vacant lots to

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the east of us to the west of us two single families then the two mixed commercial residential

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buildings that i brought to the board a number of years ago with that both have garages and then a

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number of other uh single family dwellings and other structures with garages extending to the

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west altar street is a dead end street it ends at the rear or east side of the properties that front

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on the east side of south 13th street to the right as you'll see in the photos we have car wash

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and a rental car, rental truck business directly across from us.

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And then a large multifamily down at the northwest corner of 12th and Alter Street.

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of 12th and altar street we did do shadow studies although there are no dimensional requirements so

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We did do shadow studies, although there are no dimensional.

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we won't uh or issues so we won't get into that photographs subject property real quickly here

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oops sorry about that you can see that this this is the properties behind us newer construction

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directly behind us and then the other two-story buildings to either side of that new

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um three-story building that's directly behind us i'm just going to scroll forward real quickly

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just so you can get an idea of the rest of the block that's the abutting property to the west

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two-story single family then we have two-story single family then the two buildings that i

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mentioned the multifamily with non-residential use at the ground floor. Both of those have

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garages. I think they're both duplexes, actually, not multifamilies. And then you can see vacant

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lot past those, and then garage single-family, two-story single-family, garage single-family,

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garage single-family. So it's a common pattern on this block, and then a non-residential

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building it looks like all the way at the end at the west end on our side that has a garage and

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curb cut but it does not look to be residential. Mr. Arfanides if you can summarize and get your

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client on. So essentially what we have here is we have a proposed use that's in keeping with the

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other existing buildings on the south side of the block. We have commercial uses on the opposite

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side there is no parking uh does not appear to be any parking permitted in the street we are if

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there is parking it's on the opposite side where people kind of park up on the sidewalk we won't

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be taking parking away um from on street parking and um given the zoning i we don't know why

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this property is remained to be zoned cmx3 given everything else that's on the south side

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by planning commission and city council but it is what it is and we think that the variances here

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are appropriate. The property can't be used for CMX-3 non-single-family use. It's so small.

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It just wouldn't make sense here. And as such, we think that the criteria for the granting of

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a variance have been met, set forth in the zoning code, and we respectfully request that those two

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variances be granted. Thank you. We don't have your client. Sure. So, Rab, are you on?

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or Basha?

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If not, we'll stipulate you being an officer of court

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that your client would adopt your testimony.

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I also have the architect on the line.

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Ray, can you put your hand up?

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And if Basha or Saurab, if you can hear me,

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put your hand up as well.

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Is anybody raising their hand?

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Bueller?

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Mr. Roller has been unmuted.

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Okay.

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Ray?

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Ray?

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Unmute yourself.

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Ray?

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He's available to be sworn in.

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Okay.

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dark good afternoon please identify yourself with the records spell your first and last name i'll

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swear you in

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david yeah as i said we'll we'll stipulate that your your client would adopt your testimony

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okay they're having some difficulties any questions from the board

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no

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anyone else would like to testify in this case

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if so please raise your hand

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here we have a mr

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we have someone with the last name

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Khan

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yes that's my client

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okay we'll get him on please

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please unmute yourself

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yes I'm on can you hear me

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yes please identify yourself first and last name

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hi my name is

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Saurabh Khan

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last name is

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spell your last name

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K-H-A-N

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you swear or for him to tell the truth

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the whole truth nothing but the truth

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yes

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Mr. Orfanides

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Saurab is your father on the line

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yes he is

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yes I'm here

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please identify yourself for the record

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please I'm sorry

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my name is

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Bacha

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the last name is Bacha, B-A-C-H-A. Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth? Yes, Your Honor, I do. Please proceed.

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please proceed uh basha you own the property 1206 altar street yes and did you hear all the

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Bacha, you own the property, 1206 Alter Street.

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statements i made to the board today yes are they true and accurate to the best of your knowledge

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yes would you adopt them as your own yes thank you you look thank you any questions from the board

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no no anyone anyone else would like to testify in this case please raise your hand

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We have Jacqueline Dorsey, chair.

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She's the next door neighbor, yeah.

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I unmuted myself.

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Good afternoon, ma'am.

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Please identify yourself with a record name and address.

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Okay, Jacqueline Dorsey, J-A-C-Q-U-E-L-I-N-E-D-O-R-S-E-Y, 1208 Alta Street.

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

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I do.

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Please proceed.

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My concern is there's an alley in the back of that property, where that pole is, and my concern is that they don't block that alleyway, and then it's an alleyway that comes along the side of the property also.

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George Finites, your diagram, I think it's, you don't go as far out past the alleyway, do you?

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there is no will the alleyway still be maintained there's no alleyway by the deed there's no alleyway

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on reflected that we backed up where is that pole that pole ma'am ma'am ma'am ma'am one at a time

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please let me so what i reflected um to the neighbor who was on jack jimin's dorsey was on

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is on the call now was on the zoom call for the pasturing square civic associations meeting

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uh last week was that um rd does not reflect an alley the property to the west east of us which

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you see the wood stockade fence in the posting photo i provided to you does not reflect an alley

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the property to the south of us does not reflect an alley we're we're building within our designated

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property lines you're not exceeding the property behind us we will not be building into it you're

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not exceeding your property line right we're not and if there's some type of utility easement back

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there i mean we're not developing in the back so that will still be there i we don't i don't have

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access to the full uh record history for this property with the recorder of deeds there may be

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utility easement in the rear if there are photos if you i have photos that show lines that run

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between the rear of the properties on the south side of altar on the 1200 block and on the north

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side of peters which is the property the block behind us to the south but there's nothing in our

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deed her deed or the property on either side that reflects anything about an alley being behind her

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property our property or any property back there there's something that we're not developing back

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there in any event so um it's going to be we can put a gate um you know if need be for her to still

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get out let me ask you this question that white fence the property to your rear yeah how far

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away from that fence will the rear of your client's building be i mean i mean but i don't

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know exactly where that would be i mean i can go back to the plans like when you go and stake out

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we i mean these our property hasn't been staked out which i'm going to recommend to my clients

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that they do but it may extend all the way to the white i don't know that i just know what our deed

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reflects and we will we will be building within what our deed reflects not an alley back there

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we're not building it if that post is actually on the property that post may be actually on

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the property behind us although their deed didn't seem to reflect an alley either excuse me counselor

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can you show the uh zoning plan again yes sir

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so and i also have the deed which you can show and i'm actually when we were on the community

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group call i actually went through and pulled up all the deeds um miss dorsey's deed the property

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to the property to the east that abuts us and the property of south that abuts us and none of the

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properties reference an alley back there you know whether there's been one i mean she hasn't owned

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the property for over 21 years um you know whether there's any other claims to any type of easement

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back there um i don't know but can you can you counselor can you enlarge the zoning plan please

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the site plan portion no the zoning plan that's what's up that's what's up right now yeah the

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well the key plan enlarge that okay yeah there's nothing yeah i checked that there's nothing on

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the zoning plan and i can you can see it in my drawings normally you'll see oops you'll see

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something reflected like because they have the tax maps imposed upon or the

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zoning maps imposed upon the city's tax maps and you'll see something in purple

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um and you don't have that reflected here so i've checked the deeds and then as you can see

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and you don't have that reflected here so I've checked the deeds

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on the zoning map let me zone in a little zoom in a little more hopefully not there is no alley

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back there at all like as far as a recorded alley that appears at least on the city's maps

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can you we're on the needs can you zoom in on the uh zoning plan right here that's yes can you zoom

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in and raise it up i mean i'm bringing it in okay so you tell me when okay thank you

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that's it that's our property miss dorsey's property is right here

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to the left of the the black box which is our property and again normally if there was an actual

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well alley it would even i mean it would show up as a separately colored strip behind between the

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properties on altar south side of the 1200 block of altar and the north side of 1200 block of peters

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and again i mean you know we can work with miss dorsey you know possibly once it's built you know

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again we have open area back there open yard um it does look like when i when i while we were on

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the pass young square call i did pull up the deeds for these properties over here on the south side

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or on the west side of south 12th street and as you can see here they did reference an alley

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but that is two properties away from us not along the east side of our properties miss dorsey said

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There may have been something there functioning as if it was that, but it's, like, there's nothing recorded that appears to be recorded in any current documents that I can find, including Ms. Dorsey's.

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but again we're we're building the only way that her concerns would realistically impact

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what we're doing here is if that there was some type of listen if there was an if our property

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backed up to an easement then we're not we can't build in that we're just building on our property

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if there was an alley that was essentially an easement that ran across the rear of our property

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within our legal description that would be a different story and we would need to keep that

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clear we couldn't fence that off um whether that's and but i'm not seeing that recorded

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and i'm not seeing these at least in terms of miss dorsey where it would be by function of law

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um but then again yet again we're not you know my clients aren't looking to make trouble here

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i think my advice to my client is make it clear that you know if they want to provide access

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across the rear of our property to wherever because again there's no i don't know what's

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happening inside that stockade fence that i showed you before our property may go right up to that

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stockade fence there may this gravel area between the pad and whatnot maybe our property may not we

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may go right up to the edge of where the paved area is but needless to say that alley may not

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in the end if we keep it clear to the rear may not actually be able to provide access back out

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to the street we're clearly not going to provide access through our building and again miss dorsey

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hasn't lived there for more than 21 years and it would be a permissive use um which obviously would

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defeat any adverse claim to our property um but as far as getting across the rear we could work

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with her on that i just don't know how and where she's going to get anybody coming along the back

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would be able to get back out to altar street um unless they can get across the rear of the

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two green properties buildings that you see to the left of the new building or behind these

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vacant two vacant lots to the east of us that you see behind the stockade fence and then come back

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out and you can see the stockade fence doesn't extend two properties wide i mean it's all over

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grown back there so but let me ask you this i don't think i don't think it's a zoning concern

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could you hear me i can hear you yes all right the stockade fence yes the back of the stockade

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fence which is the rear of the peter street properties yes where do you happen to know if

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there's any space between those property lines i can go to my photos i it was hard for me to see

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but let me just see i gotta figure there's got to be some way of getting in there for those utility

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lines i mean this is what it looks like back there i mean this is me standing at the back of

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you know i was standing right around probably right about here where i'm showing right now the

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southeast corner of the property probably to the left of that you pull that's holding up some lines

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and you can see it's i mean i don't think there's any getting i don't know that there's any getting

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i mean i don't think there's any getting i don't know that there's any getting any getting through

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any getting through

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True.

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yeah there's no place to go that's what i'm saying if no it doesn't i mean it it doesn't

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look like once you hit that prop or you know the eastern side of our property that there's anywhere

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to go but again you know in terms of our plans you can see that the north south side i'm more

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concerned as you go north and south between the rear of the peter street properties and the rear

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of the altar street property or properties there doesn't if there is no alleyway correct not to

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the east of us you can i'll show you in a second uh is there one to the west well i mean i does

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that come out it doesn't show on the d here here's another picture i want to be labored

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point i'm just trying to get a better sense of so to the west there looks to be space but it's not

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showing up on anybody's deeds like this is what this is the picture i took that's the back of

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that's the bottom of the property where you saw the white fence the one right behind us

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those are the properties to the west on the north side of peters

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okay and then here here you can see there's the utility lines that are running between them

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and you if you look down you see this is the chain link fence on the right i believe is miss

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dorsey's property and that's this the wood stockade fence on the left are those properties

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on to the west of us on the north side of peter street so there looks like there's an opening

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back there but i can't see it recorded in the most deeds i have access to and there's nothing

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on our behind either our property that shows up on our current deed or the properties behind us

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that shows up on the current deed again if there's you know in terms of anybody to the west of us i

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don't know how long they've owned their properties but i mean even in terms of miss dorsey she hasn't

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been there for 21 years we're willing to work with her the problem is going to be like you said

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If you can even get behind our property, where are you going to go?

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Excuse me, Counselor.

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That's my point.

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Excuse me, Counselor.

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Have you tried the utility reports, utility maps?

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I mean, this came up last week.

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And, I mean, it's not like I can just walk over to, you know, to the ARA building and go up onto the concourse and pull in there.

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I haven't been able to do that.

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And I'm sure we'll – I mean, listen, we're going to look into this as we go forward.

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Again, I don't think this is a zoning matter in any respect regarding Ms. Dorsey because, again, there's nothing in her deed, nothing in our deed that shows anything behind our properties, nothing in the properties behind us that shows there's an alley.

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there may be one that's kind of developed over time but even in terms of miss dorsey no offense

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but she hasn't she hasn't owned her property for 21 years um and as far as i know there's no

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tacking agreement that was recorded as part of that that shows up in there so again not to be

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kind of hardcore about it we're we can work with her and provide a way for if if our backyard

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extends across that kind of paved area i showed you to the west behind her to south of her chain

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link fence i mean we would have no problem like in event of an emergency that there would be a

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gate to get across our rear yard but then the question is we don't own this property to the

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east of us and we can't control what the deal is and again you don't have another alley that shows

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up until not just the property to the east of us and not the property after that but the properties

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after that that front on the west side of south 12th and you right here you can see they have an

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alley and i don't even know that it extends as deep as the properties that front on the south

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side of altar street i think i only saw it in these the first two properties below altar street

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on south 12th street i don't think i saw it in this third one which is what you'd need to then

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if you were to take it behind all of them to come back out to altar okay i think we get it all right

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there's no way of getting there i've kind of looked at this pretty exhaustively there's no

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way of getting to that alley uh going east because there's two buildings to the east of your

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well there's two vacant lots there are two vacant lots all right and we're building the full width

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of our lot so it's like not like you know understood thank you any other questions no

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No.

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All right.

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Planning Commission.

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Good afternoon, Board.

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Peter Bernard for the Planning Commission.

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

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I do.

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Thank you, Peter.

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Please proceed.

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This property is indicated for single-family residential in the comprehensive plan and

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has not yet been remapped.

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The property is largely consistent with the South District Plan and adjacent development.

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The property is largely consistent with the South District Plan and adjacent development.

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we do not

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We do not feel the proposal will have a negative impact on the surrounding community.

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Accordingly, we have no objection to the granting of the variance.

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Thank you.

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MI 2020-002422.

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1206 Alter Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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revised plans one revised plan one page approved today sorry about that my vote is yes with proviso

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yes yes with proviso thank you thank you number five on our list yeah i'm getting to it uh calendar

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number 0766-1512 Lindley Avenue. It's Mr. Resident Attorney Alan Nockamson.

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Mr. Nockamson, you've been promoted to panelists. Thank you.

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I'm Mr. Nockamson. Name and address for the record please and spell your last name.

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Yes, Alan Ockamson, A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N. Address is 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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And you're still under oath.

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Okay, you're still under oath. Do you agree to waive and stipulate?

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I do.

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Have you emailed the exhibit packet with the required documents, proof of ownership, tax

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compliance, refusal, referral, photos, plans, five days in advance of this hearing, and have you met

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with the RCO, and do you have a letter? Yes to everything except the RCO. We did

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not meet with the RCO. Okay, you may proceed. All right, thank you.

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Am I sharing my screen?

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Sure.

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I'm sorry.

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I just needed a little clarity.

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Yes.

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Oh, okay.

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I thought Tanya was talking to me.

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Yes, you said you didn't meet with the RCO?

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I did not.

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We had this discussion when Mr. Richardson asked for us to have a continuance.

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Oh, okay.

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We filed this in June, and we've been trying to meet with the RCO.

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we've been unable to okay i recall thank you so much for clarifying of course all right uh before

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you uh is a packet of exhibits uh which include eight exhibits uh so this is 1512 uh linley avenue

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um it's a corner property uh it's owned by offer your own who is on the line and here's proof of

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ownership which is the first exhibit which is the indenture to the property showing that mr

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Yaron owns the property. After that, you have the tax clearance certificate, which shows that

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Mr. Yaron has no taxes owed with respect to this property. And then after that is the notice of

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refusal. So this is an RSA 5, excuse me, RSA 3 property. And all that we're seeking to do is to

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put three dwelling units in here. Behind the notice of refusal is actually a zoning permit

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for this property. As you can see, since 1988, this property has been a two-family dwelling

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and legally a doctor's office. Again, it's a corner property, so right now there are two

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units, residential units in here. All we're trying to do is swap out the doctor's office

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of to make it a residential unit and again we are a corner property here's our application

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for appeal that we filed with the zoning board of adjustment along with the notice of refusal

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and the project information form and then after that is the zoning map

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and as you can see even though this is an RSA3 property this is a corner property and

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Typically, you know, corner properties are multi-unit in nature and this property is no

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different. Again, since 1988, as of record, this property has had three units, two residential

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and one commercial. All we're looking to do is swap out that commercial for residential and we're

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not that far away from our RM1 use either. And by the way, we're in the Logan section of Philadelphia.

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And then here it just shows where we are in the neighborhood.

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We're in the corner, actually not far from what I presented earlier today, Lindley.

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and then photographs of the property, which I think will be quite illustrative.

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And then photographs of the property, which I think will be.

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So the first floor unit and the second floor unit will be going through Lindley.

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So you go and we'll show it in the floor plans.

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The lower level unit, and I really do call it a lower level unit from Cydaham.

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As you can see, we're all above grade.

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So we're not trying to squeeze something into a basement and it has a separate form of egress.

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and then you can see here the meters we have four meters because they've been three properties plus

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a common area since at least 1988 and then you see pictures from the right of the property on

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Lindley to the left on the property on Lindley and then you'll see it to the left of the property

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on Sideaham and then you'll see it to the right of the property on Sideaham

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and then you'll see our drawings, which we try to keep simple. It's just, this is,

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let me just reduce it a little bit so you can see on one page.

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Again, let me just do this a little bit more shorter.

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Okay, so again, as you can see from Cytaham, you get into this separate entrance,

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which is above grade to this open living room and kitchen and then you just get into a bedroom and

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then there's a bathroom in the closet so it's pretty basic uh the property uh is over almost

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2,500 square feet the lot size and the building structure is almost 2,100 square feet so this

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this unit would be set almost 700 over 700 square feet and then again correspondence from the

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Nicetown CDC. Unfortunately, we really did try to meet with them. And Mr. Richardson can tell

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you that we did. Last second, Mr. Richardson, the councilwoman tried to change the coordinating RCO

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to the Logan organization. Unfortunately, they could not meet. So that's where we are today.

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So I have my client on the line. He can, you know, if he can virtually raise your hand.

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so they can take your name and get your address for the record?

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I swear you in.

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I'm in. Can you hear me?

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Yes.

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We can hear you.

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Okay. Happy holidays, everyone.

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Please identify yourself, sir.

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Spell your name for the record.

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My name is Ofer Yaran, O-F-E-R, and last name is Y-A-A-R-A-N.

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you swear or affirm to tell the truth the whole truth nothing but the truth

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i do thank you mr notkinson yes uh oh for you heard everything i stated today

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yes and is it true and correct indeed it is and do you adopt it as your own testimony

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yes of course okay all right thank you questions from the board no no

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anyone else would like to testify please raise your hand

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chair we have charles richardson who's just been unmuted good afternoon again mr richardson

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please proceed because of the fact that we have not been able to meet with the rco

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councilwoman is uh i've been instructed to say that she's she's uh objecting to granting the

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variants. But again, we wish that we would be given the opportunity to have the community

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get some input on this, not seeing what the rush would be necessarily.

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Yeah, look, I understand. I know you're being very gentle in your remarks, and we appreciate

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that. There was no fault on anybody's part, from what I can see. Councilwoman, your office

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acted in good faith. There was a switch up on the RCO as to who has jurisdiction that

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fell under, correct me if I'm wrong. And if we don't do this case today, we probably won't get

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a hearing until sometime, maybe, I don't know, March, late February or March, Tanya?

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Yes, if it was accelerated, it would be February or March. If not, it would be April or May.

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Yeah, I think this was actually, oh my God, yes, I believe that, and Tanya, correct me if I'm wrong,

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i feel like we filed this on the standard track yeah this was june i think yeah so and mr and

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mr chair i i i don't blame the councilwoman's office it's it's it's an unfortunate situation

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i think we all get it and uh you know it's just one of those things logistically things

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got mixed up yeah and i just don't want the councilwoman's uh opposition to negatively impact

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Yeah, and I just don't want the Councilwoman's opposition to negatively impact, you know, this application either, though.

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We understand, understand.

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Anyone else?

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We have Tina Marie Russell.

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Good afternoon, Ms. Russell.

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Please identify yourself with the record.

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You're still on the roof.

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Yep. Tina Marie Russell, RCO for Logan Community Enterprise Center.

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I was advised to take on this case, our RCO. We just didn't have time to schedule it. We would

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like to schedule it only because it's not fair to have, first of all, it was COVID. June was COVID.

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There was no hearings that people could actually, RCOs were not really ready to engage the way we

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needed to engage. So there has been some RCO issues, but the community just needs to be notified.

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And that's why only opposition as RCO, we're there to protect the community. They may grant it,

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we don't know, but it's not fair they don't get this. There's no hardship again on that

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for the owner, for them not to wait. I think Councilwoman has already indicated that and

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I believe it's not fair to these people who pay their taxes for them not to be able to have a say

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so again this is not no one's at fault here there's there was a logistical issue COVID we

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understand has been it's almost a year now we we get that uh but because of the mix-up

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unintentional uh as to who had jurisdiction uh I don't think it's all I don't think it's fair

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to the applicant that we delay any decision on this so that's just my opinion I respect

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everybody else's opinion but we have to make a decision and waiting till march i think just

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puts an undue burden on the applicant as well so having said that uh planning commission

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good afternoon chair peter bernard for the planning commission

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this property is indicated for single family residential in the comprehensive plan

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It is clear from the materials presented that the property has a long history of being used

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for multifamily housing.

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However, we feel an additional unit represents an overuse of the property.

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Accordingly we object to the granting of the variance.

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Okay, Mr. Chair, so that third unit is separate from the other two units.

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So it's not like we have access in any other way other than the side entryway, which is

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above grades so i would just indicate that the hardship is this that we would have to completely

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redesign the property to use that lower level which has been empty for some time that commercial

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unit's been empty for some time so yeah thank you is the planning commission's position based on

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the lower unit being converted into residential is it the planning's commission commission's

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position that it remain commercial i think there was a doctor's office at one time the planning

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commission's objection is to the total unit count the location of the units is not what we are

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objecting to but the total unit count being three units in a location designated for a single unit

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i understand that but it was three units for a long time is my point it was it has a long history

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being two residential units

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plus a commercial

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three units

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yeah

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all right

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MI 2020

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dash 000766

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5112

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Lindley Avenue

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my vote is yes

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my vote is yes

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my vote is yes

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my vote is yes

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my vote is yes

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thank you

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calendar number

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0308, 2022, South 61st Street.

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This is Sharon Saleta.

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I have no record of having received exhibits for this case.

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okay mi2020-0003082022 south 61st street this is the gentleman who was yes good afternoon

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members of the board um this bookman islam i apologize i did send in documentation over the

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weekend unfortunately my office was closed due to covid we had an outbreak situation

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and and no one was unable to work for the past two weeks so it was sent over the weekend

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there was a ZBA submission submitted.

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Less than the five days.

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less than the five days yes i'm sharing i'm sorry um who is this speaking no this is

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I'm sorry.

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um he's the attorney for the case he was on earlier remember he was

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worried he might not get back to his office in time

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but i don't have any record of having received them over the weekend or i i sent them to the

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list that was described to me, I can show you the confirmation. I did send the exhibits over

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if I have to be postponed. My only concern, I know board chair DeChico mentioned timing. We

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filed this in, I believe, January or February of last year. So we've been, you know, waiting for

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this for quite some time. I can forward it to you. It's a very legalization matter. And I believe

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the RCO is on the RCO.

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Yes, the RCO is available

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and they are no opposition.

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Okay, I will ask the board or the RCO,

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Ms. Sunken, if you could check to see

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if you received them.

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It might be just a problem with my email.

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Thank you.

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Okay, I will do.

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So if cheer is up to you,

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if we want to go to another one

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or come back to this.

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Let's go to the next case

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and then we'll come back to this.

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Give you some time.

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Thank you.

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okay if you could sit tight no problem thank you

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calendar numbers calendar number zero one one six two zero five five north second street

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two zero five five north second street

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anyone here for 2055 north 2nd street i believe the attorney is john griffin

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griffin

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i have uh rivera someone with the last name rivera

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that's the appellant

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no other hands

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MI 2020-000116

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hello

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Mr. Rivera

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yes

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are you the owner

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I'm the tenant

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tenant

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well you can't testify we need the owner

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or if it's a

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If it's a LC or an LP, we'll need an attorney.

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Yes, I have an attorney.

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Excuse me, Chair.

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A tenant may file an application and appear if the lease is under his or her individual name.

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I believe this one is.

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Yes.

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Thank you for the correction.

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Sorry about that.

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Are you prepared to go forward, Mr. Gablero?

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Yes, I am.

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Okay.

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Please identify yourself with a record, spell your first and last name,

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and I'll swear you in. Yes, my name is Gilberto Rivera, G-I-L-B-E-R-T-O-R-I-V-E-R-A.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do. Please proceed, sir. I'm sorry, can I, okay, I'm sorry, Chair, I just wanted to make sure

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the attorney was available. So John Griffin has raised his hand,

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um the attorney of record fatina can you promote him to a panelist please thank you tanya he's

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been promoted to panelist thank you thank you good afternoon sir please identify yourself

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with the record spell your name uh john griffin g-r-i-f-f-i-n po box 571 lafayette hill pennsylvania

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one nine four four four i was getting a little nervous i i would hold on hold on hold on do you

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swear for him to tell the truth the whole truth and nothing but the truth yes sir carol

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may this is the attorney okay so do you agree to also waive and stip yes and have you emailed the

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exhibit packet with the required documents consisting of proof of ownership tax compliance

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refusal referral photos and plans of the property five days in advance of this hearing and have you

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met with the rco and do you have a letter uh no and yes commissioner as i explained to miss

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saletta via email today uh i had a personal issue late last week i was not able to send everything

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i did that earlier this morning uh there is a letter of full support from the rco

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the applicant, Mr. Rivera, had met with them and they gave unanimous approval.

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The applicant, Mr. Rivera, had met with them and they gave unanimous approval.

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And with all due respect, in light of my circumstance and situation,

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I would ask that the board allow this matter to go forward this afternoon.

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Tardy on my part, I do apologize, but nonetheless, I think everything is in.

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Darren, are we okay to go forward?

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Yes, we are.

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it's your call chair we do have everything now and there is a letter of support from the rco

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tanya did you want to weigh in and i i sent that letter to sloan folks

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i defer to miss the letter mr folks originally requested a continuance but was that was because

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he thought the rco hadn't met i sent him the letter and i believe he withdrew the request

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if mr folks is out there uh just hang in there till we get this testimony please proceed uh mr

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griffin uh commissioner chico thank you um i'm having some trouble with my computer uh so i will

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not be able to screen share but i can go through what had been forwarded uh exhibit one we forwarded

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was the LNI refusal together with some site plans from the architect. We also submitted

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as Exhibit 3 the RCO support letter NARA Square community alliance that was a 5-0 affirmance

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in full support. Exhibit 4 being the tax clearance. Exhibit 5 being the commercial lease that

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Mr. Rivera has with Eddie Lantigua, L-A-N-T-I-G-U-A, and 6A, B, C, and D is the various

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pictures of the inside of the property. Commissioner, if I can, just by way of a little

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bit of background, not only do we have a full letter of support, this is a corner property

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at 2nd and Diamond Streets. The entire block is zoned as CMX2. The board had previously granted

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a use variance for a retail auto parts store, so there is at least precedence for the granting of

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a variance for commercial use. Mr. Rivera, the applicant, ran a very successful identical business

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in this community for 13 years.

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That business was only four blocks away.

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Unfortunately, last year, a fire closed his business

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and it has taken him a considerable amount of time to rebuild.

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Mr. Rivera is now coming back into the neighborhood

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four blocks away on a corner property

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in an effort to kind of reinvigorate this area,

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not only with the business, but the community as well.

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He'll be employing four particular artists for this property,

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and hours of operation would be Monday through Saturday, 12 p.m. to 8 p.m.

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Of course, I think the community response is big here,

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and they have given a resounding approval.

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If I may call and ask my client, Mr. Rivera, to raise his hand.

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Yes.

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Mr. Rivera, your president is...

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I think, I'm not sure.

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I think you're still on the roof.

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I'm not sure.

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Yeah, you can swore me in.

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Okay, please proceed.

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Thank you.

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Mr. Rivera, you heard me testify as to the background and the gist of your application process, is that correct?

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Yes.

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Did you understand everything that I said?

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Yes.

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Do you adopt it as your own, as if you testified yourself?

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Yes.

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Is there anything else you feel you need to add?

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No.

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Okay.

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Thank you.

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Mr. Chairman, thank you.

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Mr. Griffin, you mentioned hours of operation. Was there a proviso about not being open on Sunday?

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Judge or Commissioner, I'm not aware of that, but the business itself was not going to be open on Sunday.

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It was only going to be open Monday through Saturday.

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Okay. From noon to 8 p.m.?

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That's correct.

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Thank you. Any questions from the board?

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No.

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No?

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No.

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anyone else like to testify in this case if so please raise your hand

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chair we have

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Chair, we have Sloan Folks that's just been unmuted.

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Thank you.

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Mr. Folks, good afternoon again.

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You're still under oath.

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Just identify yourself on the record.

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Good afternoon, Chairman DiCicco, Sloan Folks, S-L-O-A-N-E, F-S-A-F-I-R, O-L-K-S, Office

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of Councilwoman Maria Keonea Sanchez from 508 City Hall.

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Inasmuch as the applicant has met with the coordinating RCO and has received a letter of support, our office has no opposition to this mayor's request. Thank you.

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Thank you. Anyone else like to testify in this case, please raise your hand.

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I see no hands, Chair.

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Thank you. Planning Commission.

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good afternoon chair peter bernard for the planning commission

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this property is indicated for commercial mixed use in the comprehensive plan we do not feel the

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property will have a negative impact on the surrounding area accordingly we have no objection

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to the granting of the special exemption at this location thank you mi2020-0001162055 north

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2nd street my vote is yes with the proviso hours of operation monday through saturday 12 noon to 8

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p.m yes with proviso yes with proviso yes with proviso yes with proviso thank you before we

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begin uh carol tanya are we ready on the 61st street case

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i believe we're checking the files on whether we receive the exhibits

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you might still be working with mr islam let's go there commissioner john griffin may i be excused

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Yes, you may. Have a good day. Thank you.

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Mr. Islam, we didn't see any files, so as a part of your...

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I just forwarded you an email to show you the original email, and I apologize. It was sent yesterday morning, but I sent you the email.

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Okay.

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It has the first round of email. I just sent it to you like about 15 minutes ago and forwarded you what was sent yesterday morning at 10 a.m., 11 a.m.

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And you said this was a legalization?

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yes it's a legalization so chair based on those facts uh and the fact that it is a legalization

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it's your call um i'm okay with it and it's up to you and sharing thank you thank you tanya we'll

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go forward with the case am i 2020 excuse me i'm yep i still haven't received them oh i'm sorry

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I'll send it right to you. Let me see.

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Okay. Thank you.

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Okay. Go ahead. We'll work it out.

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Okay. Thank you. Mr. Islam.

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Good afternoon, board. For clarity, I apologize for the delay of sending the exhibits, as I

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I mentioned earlier, my office had a medical issue. So we've been closed for the past two

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weeks and we just opened back up. In regards to this case, I submitted, we can start with page

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five of the exhibits that was submitted. That's the application for appeal. And it outlines that

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we're asking to legalize the multi-unit property, which is on a pre-existing structure, which was

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purchased in 2018. Are you able to share any of the exhibits? Oh, yes, I can share everything.

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If I have authority to share my screen, I'm sorry, yes.

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Please do.

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Let me share my screen.

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What do you want?

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I want to show this right here.

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Let me also turn my video on so you can see me.

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I'm sorry.

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All right.

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As I was mentioning, on page five is the application appeal that was filed.

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As I mentioned earlier, this was filed, I believe, in January or February of 2020.

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We asked for the legalization.

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legalization it's a two-unit property my client bought the property in 2018 as a two-unit property

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and it has been used for the most part up until that time in fact I apologize I was looking for

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but I was not able to I could provide a supplemental but I believe at one point or another we were able

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to get a license previously for multi-unit in 2019 when that license expired then they were told him

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that he needed a variance so that's why we are here today additional documentation I can provide

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to the board. Scrolling through is, one second, this is the refusal. As you see here, you notice

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that it was refused. This is the deed of ownership by Mr. Kamal. He is the owner of the deed.

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This is the deed of ownership by Mr. Kamal. He is the owner of the property.

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I do apologize, and I did send this in my email to the board when I submitted it. We were unable

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to get a tax clearance. I'm not sure why. I did not believe there was an issue with his license

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or any deficits, but the system kept saying missing information, and I filled out all of

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the forms properly i put in a ticket i can provide that to the board of love with the

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revenue department and they said it will be addressed within five business days

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but i'm not sure what was going on excuse me this is sharon saletta again and i'm sorry to

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interrupt i'll check it now okay thank you um and then the last thing i would like to show is uh i

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have pictures of the posting um and as well as and this was a mistake as well here here is the

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drawings that were done um this was done previously um we submitted these uh this was not submitted

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in the packet, but I could update the file to that effect. As you can see, it's a two-floor

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property. First floor is one bedroom. The second floor is a two-bedroom. I'm sorry, they're both

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two-bedroom, I followed you. One bedroom in the front, one bedroom in the back, and the second

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floor is a two-bedroom as well. The last thing I would like to show is, and then I could talk

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about the meeting with the RCOs. I'm sorry, scrolling through. Let's get to the pictures.

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Sorry. All right. Beginning pictures. So here's some of the pictures of the inside of the

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property. As you can see, leads up into the apartment. It leads up to the second bedroom,

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second story, where that bedroom is. This is an opening into that second story, I believe.

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You see the multiple bedrooms there. And this is a picture of the first floor. Most of the

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work has not been able to be completed because we're waiting for this renewal, this approval

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today.

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As far as meeting with the RCO...

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Excuse me, I'm sorry to interrupt again, Mr., but the property is not tax compliant.

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Taxes are unpaid for 2019, 2020, 2021, and there is a lien on the property, a tax lien.

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I was not aware of that.

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like I said normally it tells you that when you

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well not tells you that but it tells you reject it

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and it kept saying missing information I've spoken

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to my client and I've

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we're not going to be able to go forward with your

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case

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all right

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with that being the case Mr. DeChico

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I would add request for a continuance

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this is our first continuance request

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we would be able to I can have

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my client address the tax issue and

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come before the board

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do we have a date

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um probably was this a regular request um application

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what do you mean expedited it wasn't expedited it was a regular application

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um okay so go ahead excuse me chair can i make one suggestion there might be an easier way to

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do this since this is really just um you know receiving something that doesn't affect the

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merits of the case if you could go you could go forward with the case and hold it with the record

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closed except for submission of proof of tax compliance and then you could vote it or if i

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could suggest if there if it's a payment plan a letter from revenue something like that to assure

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us that it's being paid all right yes okay we'll do it yes that would be i appreciate that all right

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as we've been doing some time.

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My apologies.

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The last thing I was going to say with the RCOs,

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we've sent out several communications.

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As I mentioned, this has been starting

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since I think February of 2020 when we filed this.

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So it's been waiting for some time.

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I was unable to ever actually physically meet

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with all of the RCOs.

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However, I was contacted last week

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by the RCO, the Courtney and RCO, Craig Medellusio.

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Him and I spoke.

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He did not provide me a letter,

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but he did provide me text messages

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saying that he would be appearing today

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and that he would agree to support the application.

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That's what he told me.

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So if he's here today, I can't confirm that,

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but I can confirm it via text message

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if I had to provide that.

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Craig, you're available to unmute.

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Hi, Craig Melodosian, M-E-L-I-D-O-S-I-A-N.

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Award 40, Republican RCO, P.O. Box 33355.

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I spoke with Mr. Islam and indicated to him that I suggested a hear and hold and that the case would have a proviso.

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and that the case would have a proviso.

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Well, first of all, I have some familiarity with this building

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because of work with other properties on the block and around the corner.

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I do believe it has been used as a duplex when going through the archives.

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I did see a license previously issued for it.

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And the legalization of the existing use would be consistent

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with how we've handled similar matters in the past.

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My concern was that based on the record regarding licenses and inspection, there were a number of open violations, two of which I don't want to say were minor, but were fire, involved fire code.

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So my suggestion was that, one, there would be a hearing hold, two, we'd set up the community meeting, and three, the proviso would indicate that we'd be supportive of it, and he'd be given, I would suggest, 60 days to clear up any outstanding violations since they may be construed as life safety violations.

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And we've, again, recently had two more fire deaths in the 2nd Councilmanic District approximately 10 days ago.

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we could we could accommodate that by uh putting a proviso that a co must be maintained obtained

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rather excuse me within 60 days of approval and we have no objection to that i think i said

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we still got to get the tax issue correct i understand i'll have my client he's

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you should be on the call um but you can speak we can call him in but um you can bring him in

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but we can resolve that as well.

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Any questions from the board?

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No.

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Anyone else like to testify in this case,

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please raise your hand.

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I see no handshare.

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Any commission, thank you.

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Good afternoon board, Peter Bernard

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for the planning commission.

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This property is indicated for single family residential

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in the comprehensive plan.

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it is clear from materials presented that the property has a long history of being used as a

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multifamily. Accordingly, we have no objection to the granting of the variance. Thank you.

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Sharon and or Tanya, just so we're clear, we can close the record. Yes, it will be held pending

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receipt of proof of tax compliance. The record is otherwise closed. And as far as the CO,

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we can put that on the record now or do we do it well you will have to

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at the time you vote okay so we'll make a note of that at the time we get the tax clearance and

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or a payment agreement we'll put the proviso in about obtaining a co within 60 days of of

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the application being approved thank you very quickly uh who should i contact or is there or

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miss circuit is there a point of contact for the payment plan um so you would reach out to revenue

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no no no not that i i not handle that who do i send the commission to

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your documentation to support or supplement the record will come to me okay thank you

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you're welcome and to me please i'm sorry sharon saletta and the rco box those email addresses

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that was on the documentation you got okay thank you you're welcome okay thank you um count

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we ready yep okay calendar number 1301 317 north 41st street

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317 North 41st Street

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Anyone here for 317 North 41st Street

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The attorney is Rachel Pritzker

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I see no hands, Chair

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We did receive her exhibits from Ms. Pritzker.

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I can try to contact her if she's new.

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We'll put that towards the end, all right?

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We'll go to case number 10.

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Okay, calendar number 2413, 4217 Lancaster Avenue.

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Alan Nockamson has been promoted to panelist.

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Good afternoon, Mr. Nockamson. You're still under oath.

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Thank you.

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Please identify yourself on the record and Carol will give you the rest of the information we need.

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All right, Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N,

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Address 123 South Broad Street, Suite 1600, Philadelphia, PA.

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Address 123 South Broad Street, Suite 1600, Philadelphia, PA 19109.

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Hi, welcome back. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with the required documents, proof of ownership, tax compliance, refusal, referral, photos under plans of the property five days in advance of this hearing?

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Have you met with the RCO and do you have a letter?

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Yes, in all respects.

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Great, you may proceed.

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All right, I'm going to share my screen.

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Okay.

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All right, so you have the usual eight exhibits.

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First is the deed to the property.

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I'm going to go there first.

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Regarding 4217-19 Lancaster, it's BQ Lancaster Avenue, LLC.

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The second is the tax clearance certificate showing that the property owner is in good standing with the city of Philadelphia.

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They owe no real estate taxes to the city with regards to this property.

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The third exhibit is the refusal.

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This is a CMX2 property.

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It's a mix.

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Actually, it's a refusal and a referral.

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we're seeking to do an addition at the rear of an existing attached structure with roof deck

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and roof deck access having on the ground floor both a takeout restaurant as well as a cultural

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exhibit space and then on the remaining floors upper floors we're looking to have six units from

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residential units from the second and third floors. We are getting a referral because the

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proposed use of a takeout restaurant requires a special exception approval in the CMX 2 district.

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So the takeout restaurant we're seeking to do is we're looking to put a coffee shop

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as part of the takeout portion of the property. The refusals we have, the maximum

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dwelling units are three while the proposed is six but we're closer to four based on the zoning code

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classification and also due to unique configuration of the property the way it lays out does

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comfortably fit six units the second refusal that we're seeking for variance is that the maximum

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occupied area is 80 percent and we're proposing 92 percent and again due to unique configuration

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of the lot, that requires us to get a variance. But even then, we have a property that fits

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comfortably or a building that fits comfortably within the fabric of this block. And then the

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third refusal is a minimum rear yard required is nine feet. And we're just slightly short of that

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by eight feet. And again, due to the configuration of the property, that's why we're seeking the

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variance. So after that, it's our application for appeal that we filed with the Zoning Board of

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Adjustments. We'll just skip over that. Then you'll see the zoning map. And then you can see

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where we are. We're on Lancaster Avenue, Brown, and Brooklyn Street. I do give recognition as

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Brooklyn Street, like I said, born and raised in Brooklyn. So it's always good to see a street

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named after my hometown and again this is a commercial corridor and all we're trying to do

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is add density to that commercial corridor by way of this corner property and as you'll see

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through our exhibit eight there is much support in the neighborhood for this project

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and then you'll see where we are in the neighborhood again you'll see that we are on a

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commercial corridor on Lancaster Avenue, which has a trolley line and the bus route nearby

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as well.

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And then you can see the current situation with the properties, a one-story structure,

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but we are going to completely renovate it and add additional stories, which would also

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include this structure to the left of it.

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and then you see properties to the on the side from Brown Street oops sorry

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and then you'll see from the rear from Brooklyn Street

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and then you'll see Lancaster Avenue uh to the right of the property and to the left of the

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property. And by the way, the there are other examples of properties on Lancaster Avenue,

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like nearby, which from a purse, you know, from a lot size perspective, we actually have

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you know from a lot size perspective we actually have less units per square foot per unit compared

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to the surrounding properties here's brown street from the left to the right and the left

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and here's brooklyn street from the right and to the left

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and then here are architectural plans again this is a property that's going to really be a nice

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little staple for the 4200 block of Lancaster Avenue. Here's the ending of what it's going to

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look like. Try to keep a brick facade to keep the traditional feel of the neighborhood. As you can

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see, we're not trying to grow anything too large here. And keep the same, you know, roof lines as

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surrounding properties and then again just again to reiterate the unique configuration the property

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requires us to obtain some both dimensional variances and use variances here's our storage

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trash storage area where we will have commercial pickup

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and then here is the commercial space so here's the takeout restaurant to coffee shop as you can

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It's really a place where hopefully, you know, post-pandemic, people, you know, on the way to work or the way home grab a cup of coffee.

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My client, Nasha Bunch, who's on the line, could explain to you her concept behind it, but having healthy salads, healthy smoothies, that's the focus of this place, but really not one where people are going to have a huge congregation.

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You know, there's six seats for people who want to, you know, surf the Internet, you know, sit, relax.

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But it's not meant to be like a restaurant in terms of people sitting down.

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And here's the event space.

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Again, you can see the unique nature of the property.

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And you can see it's a bi-level.

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And then you can see the residential property.

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And as you can see, it's, you know, you walk up a flight of steps.

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and each of the it's you know each of the units are on you know separate parts of the of those

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floors so if you look at you know unit number one which is this unit it's a it's a two bedroom

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one bath where's the bath right here one bath unit you come out unit number two is a one bedroom

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all with all with open floor plans and unit three is a one bedroom you walk up a flight of steps

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steps, it's the same thing. Unit number four is right here. It's a two-bedroom, one-bath.

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Unit number five is a one-bedroom, one-bath. And unit number six is a one-bedroom, one-bath.

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And like I said, we met with the community, and we have a letter of support from the People's

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Emergency Center Community Development Center. We have a letter of support from the Belmont

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alliance civic association CDC and we have a letter of support from councilman councilperson

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Jamie Gutier and here are the letters which you should have received for the people emergency

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center they indicated that 15 people voted in favor one opposed and five abstained I'm assuming

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that's part of our design team and presentation team and you can see the Belmont alliance civic

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Association enthusiastically supported the project and the district councilwoman as well

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was in support of this project. So I have Nasha Bunch if you would like I'll have her sworn in and

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affirm my testimony but she can also walk you through you know the hours of operation for the

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business and any other questions you may have about the project that I did not answer. Mrs. Bunch

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can you virtually raise your hand Mr. Bunch you may unmute yourself you're free to

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good afternoon ma'am please identify yourself with the record spell your full name

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and then we'll swear you in

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She's unmuted, but I have a caller with a phone number ending at 5000, could that be

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her?

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I believe she said that she was only able to go audio for this meeting, for this hearing.

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all right that she's been unmuted

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caller ended at 5 000 please press star six to unmute your telephone

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please press star six to unmute your telephone here we go hi yes can you hear me yes please

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identify yourself first and last name yes my name is nasha bunch first name is spelled n as in nancy

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a s h a last name b as in boy u n c h you swear or affirm to tell the truth the whole truth and

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nothing but the truth? Yes. I do. Mr. Notkinson, I think we can just stick to the adoption

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unless the board has any questions about the operation. No.

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Okay, Ms. Bunch, you heard everything I stated today. Yes. And is it true and correct? Yes.

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And do you adopt it as your own testimony? Yes. Okay. Did she get sworn in?

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no i don't know i think i did

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i apologize i don't ma'am do you swear and affirm that the the answers you just gave to

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mr knockison are are true to your best of your ability yes all right thank you i apologize if

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i didn't swear you in um al you mentioned hours of operation was that a proviso no it wasn't there

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I just want to if you had any questions because this is a commercial property and you know you

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the board may you know have questions about that so yeah okay thank you questions from the board

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no no no anyone else like to testify in this case if so please raise your hand

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I see no hands chair thank you planning commission

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good afternoon board peter bernard for the planning commission

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this property is indicated for commercial residential mixed use in the comprehensive

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plan the proposal is largely consistent with the plan and we do not feel it would help

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will have a negative impact on the surrounding community accordingly we have no objection to

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the granting of the variance or the special exceptions very much mi2020-002413

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4217 Lancaster Avenue. My vote is yes. My vote is yes. My vote is yes. My vote is yes. My vote is

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yes. Thank you. Carol I think we found Rachel. Okay. Go back to number nine. Can you call that

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frank mi 2020-001301 317 north 41st street

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good afternoon good afternoon please identify yourself for the record

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rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street suite 1600 philadelphia pa 19103

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and do you swear or affirm to tell the truth the whole truth nothing about the truth yes

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please proceed i'm sorry rachel yep um are you going to present yes ma'am could you hold one

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moment i'm gonna set you up as a panelist i've done it miss donkett all right thank you my

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apologies i have this on for tomorrow so so you have to wave and step correct uh yes

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Yes.

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Yeah.

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Yes.

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So do you wave in Stiff?

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No, just because, well, yes, but we've changed the plans in order to remove the variance

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for the commercial space, so I just want to put that on the record, but as it should be.

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And have you emailed the exhibit packet with required documents, proof of ownership, tax

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compliance copy of the refusal or referral photos and plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter yes okay you may proceed

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thank you i'm sorry if i could just ask rachel a question did we give you the proper posting

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um i believe so i think um my team had just had it for tomorrow okay i just want to make sure that

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we didn't, I'm not leaving anybody out. Yeah, no, thank you. Okay, so I'm going to share my screen.

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Okay, this is for 317 North 41st Street. This is a intermediate lot zoned RSA 5 located on

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the 300 block of 41st Street, sort of near the corner of 41st and Paliton.

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As originally proposed, we had given the makeup of the block, as the board can see from the list.

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Given the makeup of the block, as the board can see from the list, although the block

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is mostly RSA 5 and some RM1, most of the 300 block of North 41st Street has multifamily

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units, specifically 317 through 301 are a mix of two, three, and five multifamily dwelling

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units.

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Additionally, on the other side of the street, the west side of the street, anywhere from 324 all the way up to 340 are also a mix of two and three units, and there are some with commercial mixed use.

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we met with, as such, we proposed a project that originally included a commercial space with two

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units above. As per the plans, however, we met with the RCO, which was the West Paladin Saunders

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Park RCO, and had two meetings with them, and basically worked with them to eliminate the

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commercial space and instead provide three units. So we would appreciate a proviso that it's three

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units, one on the ground floor, one on the second floor, one on the third floor, and no commercial

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space as we got 26 votes in support for the multifamily, specifically the three units. We had

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31 people at the meeting and worked pretty well with this community group to provide a project

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that we think, although is not in character with the base zoning, is in character with what's going

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on in the block. Again, most of the properties in the block are a mix of commercial mixed use or

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multifamily units. I don't really have anything else to go through unless the board is interested

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in going through the zoning plans, but I'm happy to do that or answer any questions that the board

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we have.

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Louis Frank.

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Frank's back.

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sorry my audio went out again um are there revised plans rachel there are revised plans

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um but i did speak with sharon and she suggested that we could do it via proviso

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one page it is one page thank you questions from the board excuse me this is sharon saletta i

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I think the proviso would be three residential units, no commercial use.

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Right.

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But I just want, is there a revised plan?

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No, it's not necessary to have plans if you use that proviso.

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Gotcha.

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Thank you.

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Thank you.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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I see no handshared.

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Thank you, Planning Commission.

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Good afternoon, Board.

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Peter Bernard for the Planning Commission.

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This property is indicated for single family residential

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in the comprehensive plan

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and was recently underwent a community-led remapping.

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The surrounding properties are largely residential.

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Accordingly, we object to the granting of the variance.

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Thank you. MI 2020-001301, 317 North 41st Street. My vote is yes with the proviso. Maximum

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three residential units, no commercial use. My vote is yes with proviso.

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yes for proviso yes for proviso yes with proviso

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thank you

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calendar number 2410

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650 fairmount avenue

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stephanie boggs is the attorney i think

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it looks like hercules is here

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Mr. Griegos has been promoted to panel. Hi, Mr. Griegos. Can you put your name and address on the

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record, please? Good afternoon. Hercules Griegos, 1835, Market Street, Philadelphia, PA.

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Still on the oath from this morning. Thank you. Do you agree to waive and stip?

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I agree to waive. There are, there's one issue.

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I agree to waive. There's one issue that I will address in my presentation.

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Okay. And have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and plans of the property five days in advance of the hearing?

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Have you also met with the RCO and do you have a letter?

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Yes.

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Thank you. You may proceed.

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Great. Thanks so much. Hercules Griegos, representing PRDC Properties and its affiliate, Fairmount Manor Associates, LP.

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They're the equitable owner of the property located at 650 Fairmount Avenue.

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We're here today with an application for construction of a mixed-use multifamily project with ground floor retail, accessory parking.

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And I have with me today David Perlman and Tony Maris, owner and developer, or equitable

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owner and developer of the project, as well as Emily Johnson of ISA Architects.

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If David Perlman could be promoted, I'm going to have some testimony from him later on.

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In the meantime, I'm going to share my screen.

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Oh, I'm sorry.

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Let's see if I can try it again.

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Let's see if that's visible.

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So the property is essentially 177,000 square feet.

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It's over four acres, and the address is 650 Fairmount.

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To the east, it is bound by 6th Street.

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To the south is Green Street, and to the west is 7th Street.

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And the former Marshall Street runs through the middle.

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This is formerly open on city plans since been stricken and closed.

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And this area here, as I'm showing, is the existing Helping Hands Mission Church.

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currently on site is a you know mid 20th century late 1960s former affordable project designed

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sort of as a garden garden style apartments that is mostly vacant at this time it's about 25

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percent occupied and it is in severe disrepair and at the bottom of your screen you see the

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Helping Hands mission. We're really excited to be here today proposing 404 new units, and I'll get

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into the diversity of the housing stock, but ground floor commercial on 6th Street, underground

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parking, 40 affordable units. We have community benefits agreements with the coordinating RCO as

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well as with the Helping Hands mission. Community benefits agreements, you know, just establishes

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PRDC's commitment to long-term relationships in the community with Helping Hands Mission and

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support what they do for the neighborhood, as well as Kearney Elementary, which is adjacent.

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Some of the things that we'll talk about, PRDC is including scholarships, internships for training

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for construction, as well as development for residents of the 14th Ward and students. And

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we're really proud of the work we've done with the community. As I said, the site is

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uh about four acres and it's currently zoned rm2 which is a unique zoning classification i don't

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think is typical um in your uh typical in um the um this area of um of the 14th ward bounded by

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northern liberties palton etc um i think that rm2 is sort of a garden style apartment and it was

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probably a result of corrective remapping and as you can see you know adjacent properties are RM1

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CMX2 IRMX and CMX3 and as such we've designed something that is sort of in the middle of a RM1

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and a CMX3 IRMX and we really sort of tried to break up how we put our density closer to the

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wider 6th Street and a more low-rise on 7th Street. Here you see some history of

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the area. This is 7th Street from the 1960s Marshall and Fairmount. You can see

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the row home character and then somewhere in the late 60s this sort of

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garden-style, you know, gated apartment community was built and really doesn't

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apartment community was built and really doesn't match the urban fabric that we see today in more

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match the urban fabric that

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traditional planning. Here's another example of the conditions with Marshall Street opened

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into the 60s. This is the middle is the condition that is now and you see the church there and then

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to the right is what we have proposed with an array of single family duplex and triplexes in a

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more low-rise row home setting to the west of Marshall Street, which is proposed to be reopened,

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and then a denser multifamily with ground floor commercial at the corner of 6th and Fairmount

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and Green, and sort of the Helping Hands Mission Church, which dates back to the turn of the 19th

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and 20th century, sort of in the center and the buildings respecting that historic building.

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This is just some 3D modeling, and here you can see how the project lays out with the church in the middle, the multifamily wrapping the site, wrapping the northern portion, as well as a multifamily building at Green Street, and then the array of singles, townhomes, triplexes, duplexes.

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Just for, we're proposing 21 single-family homes, 56 duplex units, 327 multifamily, which are broken up in 297 units on the west of Marshall Street, which is in the multifamily buildings and about 30 triplexes on the left.

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on, I'm sorry, on the west side of Marshall and the more dense is on the east side.

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Here's your site plan. And you can see as we've opened up Marshall, which we believe will be

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a great through connection as opposed to a super block. We have entrances to a garage and below

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grade parking and sort of our back of house and loading is handled there. And then we have ground

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Floor Commercial at Green and on 6th Street.

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I'll just sort of get to the good pictures.

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This is the view at the corner of 6th and Fairmount.

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You can see the commercial there.

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I think this is really the hallmark of the site, how we've wrapped the buildings around

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the existing Helping Hands Mission, open space commercial, and we think that that

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It will be a great, great spot for commercial and outdoor dining or some other type uses.

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This is the reopen Marshall Street as we believe it will be a great pedestrian access.

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And here we are at the corner of I believe this is 7th and Paramount.

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um some more here's here's the reopen marshall street so you know just in terms of um procedure

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um we started this project a few years ago um and really um you know met with with the community

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met with councilman clark's office and really looked at how do we best design you know four

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acres um in the city and um you know if if mr perlman is on maybe i can get him to sort of

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go through that history and we could talk about it but we really started with um you know over

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a thousand units and we got feedback from the rco from the councilman's office you know the project

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was too dense and you know large multi-family project was just too dense so we really um you

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know, worked with feedback from the community, with Helping Hands Mission, and really to create

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a project that we thought was consistent with the context of the neighborhood, had lower density on

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the 7th Street side, more density on the 6th Street side. And I think it's important to note

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6th Street is approximately 70 foot wide here. So that's wider than Chestnut or Walnut Street

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and Center City. I mean it's really a significant width that I think can handle this the height

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and I think it's also important to note you know we're a block from Spring Garden Street where you

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have the CMX3 and you have some new high rises. So I think this is a good step down as we get into

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the neighborhood and as the neighborhood changes. I also want to note that you know in the RM1

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I also want to note that in the RM1 calculation, in terms of density, you would be at about 370 units, and you go up to 420 units in a straight RM1 multifamily with a green roof.

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calculation.

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We're at 404, and I just note that we have underground parking, we have significant community benefits, and we also have the affordable component.

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I want to note, let's see, we met with the 14th Ward on numerous occasions.

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We're really proud of the community benefits agreement.

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Here's their letter of support.

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And I think that's in the packet that was sent to the board.

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We also had significant meetings with Helping Hands and have worked with them.

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In terms of refusal, you know, it's really a result of the RM2 zoning, which, as I said, is really not consistent with the neighborhood.

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And, you know, it requires, you know, 56-foot setbacks and, you know, 37-foot side yards.

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And we think this was corrective remapping to match what existed at the site, whereas we think what's more appropriate is something between the RM1 and the CMX3, which is what we're proposing.

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I mean, we're not even close to the density of a CMX-3.

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I think we're right in line with the density of the RM-1.

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And we're really proud of the community engagement we had and the support that we have from the 14th Democratic Board.

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It's the coordinating RCO, as well as Helping Hand's mission.

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We've met with the school.

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We've met with everyone.

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And if I could, I'd like to ask for David Perlman to be promoted to a speaker.

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Good afternoon, Mr. Perlman. Please identify yourself with a record. Spell your name.

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David Perlman, P-E-R-L-M-A-N.

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Thank you. You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you. Please proceed, Mr. Griegos.

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And David, I know you've heard my testimony. I like to, what I've said so far, and if you would affirm that,

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And then maybe we could expand on sort of some of the history from when you started this project and how you came about the design.

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I affirm your testimony to this point.

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This project we put under agreement approximately three years ago.

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um we've been working on a project across the street of 43 townhomes that are almost complete

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we have the last uh three or five units to deliver across the street and you know we've gone through

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probably 25 designs of this. Met with the RCO. Met with Daryl Clark's office. Originally had it

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designed for almost 1200 rental units. Didn't feel that the site would fit for that. Didn't feel the

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market would fit for that thought rethought that out after the presentation um and we knew how

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successful we were across the street um with the 43 homes and then we took talked about putting

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all townhomes there and just didn't make a lot of sense to to put just a ton of townhomes

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high price, you know, that people couldn't afford. Then I came up with the idea with the architect's

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support. And the idea is that we use Marshall Street as a dividing line. And we have price

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points now for units there from $299,000 to just over a million dollars. So we could cater to

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anybody or any market that allows, you know, homeownership there. You know, before COVID,

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the commercial was a great idea. We had tremendous interest in the commercial on the first floor here,

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hoping after COVID leaves, we'll get that interest back over time. We're committed to keeping it that

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way. Believe the street is there for it. We've had a great relationship with helping hands through

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We've had a great relationship with Helping Hands through the process.

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the process

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they've

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They've been a great ally to us.

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The 14th Ward, the Kearney School.

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I mean, we're just really excited to get this.

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Tell us about some, you know, I know that there's, in addition to sort of the long-term relationships with Helping Hands and the 14th Ward,

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um you're also committed to doing some some some training and some uh internships we have we will

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have a job fair that will have a preferential to the people within the community um from interns

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all the way through development uh people that we will be hiring there will be a uh training program

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program for the construction side where we will be hiring people and training them to learn the

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trades. We also have a scholarship program that we put together for the school board

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to award a scholarship to somebody within the 14th Ward.

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And we have full-time positions that will become available

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that once we operate these buildings and run these buildings,

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that the people from the community will have the opportunity

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to apply for those positions also.

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So a lot of thought has gone into this.

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I mean, the most thought I've ever put on any project.

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um and you know we're we're we're really really excited for the partnerships and

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getting property done david i i mean i i just want to ask i don't know if you want to put

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your camera on so everybody can see your face but um uh i don't know how to do that oh okay

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just if you could summarize it would be helpful uh that's great and i just from a from a perspective

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of the rm2 with the 50 foot setbacks i mean i don't think that's you really couldn't do a

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viable project on anything that you know you would build or someone would would want to buy

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in terms of for sale but with what the project is currently zoned you know the current zoning

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for that property just doesn't fit in today's market you could never rebuild that and it's

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in its disrepair and be successful you know as a as a developer thank you i just want to um uh i'm

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to finish up. I just want to say the requested variances or the minimum relief necessary

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will not alter the essential character of the neighborhood as mixed-use projects are

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consistent up 6th Street and Spring Garden and will not impair appropriate use or development

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or adequate light of adjacent properties based on the large width of 6th Street. Will not be

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Dentistry of the Neighborhood is evidenced by a letter of support from the RCO.

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If the board is inclined to approve, I wanted to note that we have revised plans with five pages.

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The changes are de minimis.

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Really, as we work through the process, we discovered that some of the calculations on the FAR were not correct, so we corrected that.

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There was no increase in GFA.

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the project was just on um there was some errors in the plan so we've included that and we've um

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you know in refining the designs in the open space and the loading um we've had a reduction

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in parking from 223 to 221 um but like i said for um more you know well well over um i think we're

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at 404 units well over a um a one to two parking ratio um additionally um if the boards uh i spoke

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to share and say a lot about this.

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We applied for this with commercial uses as CMX2.

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I don't know that that made it onto the application,

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or onto the refusal,

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but I'd ask the board to consider for the commercial uses

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to give us a proviso uses as permitted in CMX2

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is what we've always presented

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and what we noticed to the community.

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And with that, I believe that Diane Monroe

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Regina Farrell and Adam Bruckner from the 14th Ward and the Helping Hands Mission are here.

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I don't know if they want to speak.

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And we're happy to answer any questions.

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And I did want to add one more thing.

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In addition to the affordable housing, underground parking, and all of the things that we're doing in the community benefits agreement,

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We are doing significant traffic upgrades.

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We've worked at the streets department on all four intersections, speed bumps.

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on all four intersections speed bumps improving signal timing we've we've had a tremendous amount

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of input from the streets department back and forth i think it's important to note the amount

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of traffic improvements that will be resulted from this project and i think that was discussed

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in cdr this project came through the civic design review committee with with one meeting and it was

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uh praise for its design so i wanted to make sure i included that as well and i'll turn over to the

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board to ask questions and um i believe the rcos and the neighbors are here as well thank you

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questions from the board no

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no no anyone else like to testify in this case please raise your hand uh with all due respect

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we do appreciate i think hercules said there's several people on uh if you're in support of it

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Your comments would be brief.

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We'd appreciate that.

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Chair, Mr. Bruckner, please unmute yourself.

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Good afternoon, sir.

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Please identify yourself with a record.

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Spell your name.

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Provide us with your address.

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Adam Bruckner.

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I'm with the Helping Hand Rescue Mission, PO Box 37005-19122.

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Spell your last name, please.

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B as in boy, R-U-C-K-N-E-R.

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Thank you.

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You swear for I'm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Please proceed.

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I'm the director of the Helping Hand Rescue Mission that has been referred to as the Mission Church, sitting on the same property.

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I wanted to make myself available if there was anybody that had questions or concerns about our role and how we've communicated with the neighbors in this.

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I think the primary concern that we've heard about is about the displacement of the neighbors that are in essentially our backyard.

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That place is mostly vacated and has become quite a dangerous spot.

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Well, it's really been that way for a bunch of years.

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One of the reasons that we have supported the project is because, unfortunately, with some of the gang stuff that's happened in the neighborhood,

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that area has become a crouching spot for some of the young men from other neighborhoods to come

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and have ambushed and even murdered folks as recently as a year ago from our area. We don't

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feel safe with our children who live across the street in the PHA housing development between

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7th and 8th Street walk right through that area there. And we do not let those children or women

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walk by themselves in that area. So that alone has been something that piqued our interest with

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the new development coming up. We've been very comfortable with the communication that we've had

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with uh with the group it is going to be a major disruption for us but the communication and the

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benefits have far outweighed um what we've seen so far so our concern has been for our displaced

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residents they've addressed that adequately we haven't had complaints and i've reached out to

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all the folks that live there um for the school they can speak for themselves for our children

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across the street and in the pha housing and i think with the with the traffic stuff and with

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the safety patrols and the speed bumps that'll actually help our children out and then just for

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the general safety of the property so that it won't be an area where young men can lurk around

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and work through the ambushes. So we do stand in support of it. We're comfortable with it. And we

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just make ourselves available if there are any questions or concerns from the community or from

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anybody here today. I received a letter from Adam today that I've forwarded to Tanya and Sharon,

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which I received today, just so for the record. They made part of the record. Thank you. Anyone

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else? We have Jihad Ali. Please unmute yourself. Hello, good afternoon. Good afternoon, Mr. Ali.

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Please spell your first and last name for the record. I'll swear you in. J-I-H-A-D is my first

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name. A-L-I is my last name. We're firm to tell the truth, the whole truth, nothing but the truth.

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I'm firm. Thank you. Please proceed. Hello, I'm with West Giraffe Progress Attorney Grigos. He's

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at the civic design review board i just want to preserve for the record that we are a rco in the

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neighborhood unfortunately sometimes when uh people focus on the coordinating rco they think

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that's the only rco just for the record and i know at the time of the civic design review uh

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attorney grigos had uh indicated this was going to zone and i wasn't aware it was going to dad

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would have sent that proper notification but uh we had some follow-up with attorney grigos and i

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just wanted to put that on the record that we are a RCO and that we wanted to talk to him about the

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CBA. You know, I have a long history in working with inclusion and diversity, so I just want to

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make sure we're part of that. Thank you. And we have great respect for WestJarard Progress and

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Mr. Ali, and we're happy to continue that discussion. But we do have inclusion and local

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hiring, minority hiring in our CBA, but we're happy to continue that discussion with us,

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Thank you, Booth. Anyone else? Something new and different?

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anyone else something new and different chair we have mary jones good afternoon miss jones

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Chair, we have Mary Jones.

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please identify yourself for the record i'll swear you in good afternoon mary jones representing

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council president daryl clark city hall room 494 you swear or affirm to tell the truth the whole

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truth and nothing but the truth i do thank you please proceed yes um yes well the while the

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council president does recognize uh the work that the applicants have put in with the community

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and the reduction of the footprint of the project he does have some concerns still about the size

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and scale of this project um coming within a primarily low-rise residential community

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thank you so um are you asking for a continuation of this discussion or

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is the council president taking a position

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he more so wanted to he wanted his that he's is not in full support of the project

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to be on the record mary i'm sorry you're breaking mary sorry there's always opportunity

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oh yes hear me now yes hello now we can okay okay um so like i was saying he said he has made it he's

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not um in full support of the project as it is um as it is at the moment um that is to say that you

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know he would be I'm not not closing the door on further conversations uh but it it's just the

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density of the project we're not sure we're going to be able to come to an agreement on it okay so

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that's fair we still have some issues to work out anyone else

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Mr. Grigos you care to comment on that by anywhere I mean you know we we we have worked really hard

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um and i think you know you have um the letter from the 14th ward in front of your neighbor

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and we found out at um i think 155 today that the um councilman's office um didn't feel that

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they could support the project and i um i asked if there was something we could do and i think it's

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um i i appreciate their concerns and maybe it's just a um you know a a general um i don't know

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opposition to this type of development but I think that in terms of density you know and we're always

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willing to talk we have great respect for the council president in terms of density as I said

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I think we are below what the density of an RM1 would permit which is really what we're surrounded

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by I think that in terms of you know breaking up the multifamily and putting it on a 70 foot wide

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street at sixth street was praised with the commercial was praised by um the civic design

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review and i think the um letter from the rco and from our direct neighbor the helping hands mission

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who is you know we're really proud to to work with them who's committed to the neighborhood

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i think that speaks for itself okay thank you anyone else we have diane monroe chair

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You may unmute yourself Ms. Monroe. Good afternoon Ms. Monroe.

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Please identify yourself for the record and I will swear you in.

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Ms. Monroe do you have two devices on again?

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Chair, we can move along.

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Thank you.

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Anyone else?

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And her letter's in the record.

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Okay.

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Thank you.

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You hit unmute in the left-hand corner.

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Chair, we can go along.

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We can't wait for people with technical problems.

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Okay.

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Okay, Planning Commission.

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Good afternoon, Board.

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Peter Bernard for the Planning Commission.

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This property is indicated for multifamily residential

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in the comprehensive plan.

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However, the applicant has worked closely with city staff

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in developing the proposal.

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Project was presented to the Civic Design Review Committee

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on December 10th, 2020,

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where it was favorably received.

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Accordingly, we have no objection

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to the grantee of the variance.

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Thank you. I do have a concern that the council president hasn't yet signed off on this.

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Thank you. I do have a concern that the council president hasn't yet signed all

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Tony, when would be the earliest date if we continue, if we could decide to continue this,

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when would be our earliest date?

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Hello.

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February to 3rd.

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All right.

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And Mr. Chairman, you know, we have great respect for the council president.

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And, you know, I asked Mary in our conversation when she told me that they could not support it, was the statement that I heard.

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I said, is there something that we could do?

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Is it a nip and tuck?

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because it and it was more I don't know that that was um you know um the you know she said look we're

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always willing to talk and you know we're always willing to talk but I don't know um that that

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there is um something out there that is and I don't know if it's um you know um something specific

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that it was a concern because it wasn't raised other than um you know the density of the project

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which i think we talked about and you know i think i mentioned it fifth and spring garden

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which is you know a block away we have a high rise project coming with the amazon market um so if

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if there was something that you know we could work on i i i'm always happy to i just don't know that

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there's a um you know something specific and and maybe just a fundamental difference yeah i hear

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you in all due respect i won't know that unless you have the conversation my concern is if the

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council person is not being supportive of it i don't i don't mean this in a in a derogatory way

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you have the chance that he might file decide to file an appeal which is going to

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drag this thing out even further so i think it's in everyone's best interest that you get this

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continued and can and and continue with the conversation uh i believe at some point i think

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the council council president uh is going to be reasonable i just don't want to see this get

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approved and down the line it gets appealed because conversation basically did not continue

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so having said that with all due respect everyone mi2020-002-410-650 fearmount avenue

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this hearing will be resumed on you have a date tanya

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this hearing will resume on February 3rd at 2 p.m at which time the board will consider

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any feedback related to the RCO and the council president's office thank you thank you

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calendar number 2209 649 union street

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Mr. Mulvihill, you're unmuted.

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I have to promote him.

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You've been promoted to panelists also.

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All right, now I can talk.

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Good evening, everyone, or afternoon, I guess.

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I'm Mr. Mulvihill.

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Name and address for the record, and please spell your last name.

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Yes. Leo, L-E-O, last name Mulvihill, M-U-L, V as in Victor, I-H-I-L-L. Address is 2424 East York Street, Suite 111, Philadelphia, 19125.

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

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I do.

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Do you also agree to waive and stip?

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Yes.

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And have you also mailed in the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, plans of the property five days in advance of this hearing?

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and have you met with the RCO and do you have a letter yes to all of those things thank you you

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may proceed thank you members of the board Leo Mulvihill on behalf of PSK B as in Bravo H

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Development LLC I apologize for the low lighting I'm on my couch with my dog so they don't start

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barking during this presentation so members of the board we're here today because we are requesting

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a multi-family dwelling for two units in a single-family district.

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I'm going to show my screen, pardon me, main screen in a moment.

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For the purpose of the record, incorporating everything that's listed here, including the

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refusal, area zoning maps, deed, activity license, commercial activity, I'm sorry, clearance

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information, notification letter, this letter of support from Mantra Civic, photos of the property

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and plans. Showing now page one of my packet. This is the refusal. We're in an RSA 5 and we're asking

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for two units. Going to page seven for the record members of the board. This is

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units. Going to page seven for the record members of the board, this is the area zoning

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map. As you can see, the parcel is indicated in dark blue in the city's atlas plan in the

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RSA5 district that is intermingled with RM1 in orange and CMX2 in red. I'm going to proceed

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to the photos so the board has a better sense as to what this parcel looks like. Again,

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going to fix the orientation of these photos which somehow got shifted. So currently this

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is a vacant lot members of the board. The adjacent owner at 651 union is overjoyed that something's

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going in next to them. They've been keeping some trash cans and recycling bins in the lot.

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For purpose of the record, I'm now referring to page 21 of my zoning package.

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I'm just going to review those photos, page 22, this is a widescreen.

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And I'm going to do a 360, first going southbound and then proceeding around.

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So we have a general sense of what we're looking at in the neighborhood.

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Now we're looking southbound on Union.

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It's at page 30, we're directly across the street.

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You can see three-story homes, side yard.

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Pardon me, northbound on Union,

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there's a large building that's located to the right here

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that's in somewhat disrepair.

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There's been a variance granted by this board

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for multi-family in that building.

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There's another multi-family up the street

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for which this board granted a variance,

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I believe earlier this year or late last year.

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The property immediately next door, as I indicated,

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is occupied by a homeowner

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and she is very happy to be having a new neighbor coming in.

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Parking itself wasn't an issue at the community meeting, which was great for me to hear, and my personal experience in the neighborhood with several projects I have there now is that parking is not an issue.

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Going quickly to the letter dated December 2nd from Mantua Civic, they held a public meeting, we presented everything to them, and overall they supported the project.

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what plans i'm going to show now this is page whoa sideways

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one moment please there we go uh nope

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i can't do anything to not make this page show up sideways for some reason members of the board

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so i'm sorry about that just turn your heads like 90 degrees to the left and you should be okay

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we're doing it all right so i'm just going to zoom in overall on the site plan this is what

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we're going for we have a front yard that matches the adjacent house we have the required open space

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we have a roof deck proposed i'll show you the floor plans next this is the page 36

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which is inexplicably the correct direction uh so in the basement we have mechanics and storage

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with rec space that's open half bath closet and a den or home office space in the basement

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for unit number one. Unit number one goes in the basement and in the first floor. So let's talk

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about the first floor. An eight-foot setback for the front yard. You'd come in through the front

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door entranceway, which is common, into the living dining area. Kitchen's in the middle.

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Behind the kitchen, you have a bathroom. Bedroom in the back. Rear yard, 10 foot 5. In excess of

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what's required under code. Next two stories, second and third. This is unit number two. So

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Unit two has bedroom in the front, bedroom in the back on the second floor, and it has bathrooms in the interior.

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Next story up, you have your kitchen to the rear of the property, living in dining space in the middle with some nice closet storage for interior trash.

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Bedroom in the front, bathroom in a large, not quite walk-in closet, but still pretty sizable.

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Members of the board, that's really all we have going here.

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Oh, I'm sorry, this fourth floor as well, my apologies.

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Again, bedroom, bedroom, and we got space here for the bathrooms, closets, et cetera.

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That's really what we have here, members of the board.

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I'll show you again the proposed rendering.

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Again, please tilt your head 90 degrees to the left.

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I apologize.

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My computer will not show this the correct way.

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Purpose of the record, page 35.

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Four stories were moderately taller than the property next door, but we don't exceed the 38-foot height limit.

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There are balconies in the rear of the properties for exterior space for the units.

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in addition to the rear yard space and the roof deck so someone can go out there have a cup of

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coffee or just feel the breeze that's really all i have at this point members of the board my client

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was not able to make it today so i'm happy to answer any questions you have so as an officer

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to court will stipulate that your client would if you he or she were available would adopt your

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testimony any questions from the board no no no one else like to testify in this case if so

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please raise your hand I see no chair excuse me I see no hands chair thank you planning commission

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thank you planning commission

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good afternoon board peter bernard for the planning commission

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this property is indicated for single-family residential the comprehensive plan

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we do not feel the proposal will have a negative impact on the surrounding community

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accordingly we have no objection to the granting of the variance thank you

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thank you mi 2020 that's zero zero two two zero nine six four nine union street my vote is yes

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my vote is yes my vote is yes my vote is yes great thank you members of the board have a

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good evening i'll see you tomorrow thank you likewise calendar number

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13 okay calendar number 2411 74 hold on carol hold on i think we go to number 14 that wasn't 13

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already was that in the morning 13 was continued in the morning this is sharon 13

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13 was continued 13 was continued um you're in for and that's 74 30 state road sharon

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yes that was continued okay thanks calendar number 2347 832 north 63rd street

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Chair, Alan, excuse me, Mr. Nockamson has been promoted as a panelist.

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Sorry.

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You're still under oath.

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Please identify yourself.

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He's been under oath for around a month now.

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Do you, yeah, identify yourself.

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Unmute yourself.

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alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n

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should i give my address your address why not all right one two three south broad street suite

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1600 philadelphia pa 19109 do you swear or affirm to tell the whole truth and nothing but the truth

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i do do you also waive the reading of the refusal and stipulate to its accuracy i do

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And have you emailed the exhibit packet with proof of ownership, proof of tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing?

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Have you met with the RCO and do you have a letter?

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Yes, in all respects.

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Thank you. You may proceed.

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All right. So I'm sharing my screen. Let me just make this a little bit bigger.

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And a little bit bigger.

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All right. So here you'll see my typical packet of materials, which include exhibits. The first

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exhibit is the deed to the property, showing the held properties and land development LP as the

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owner of this property. The second exhibit is the tax clearance certificate, showing that we are

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paid in full. We're still waiting to pay the 21st, which is 2021, which is not due yet. But in all

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respects we're paid in full for our real estate taxes. Exhibit 3 is the notice of refusal.

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We're here because this is an RSA 3 property and we're proposing to put four dwelling units into

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this property. In addition, for RSA 3, we're required to put four parking spots. We're

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proposing one. I will indicate that we do have off-street parking, one of the few properties on

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this block that does and we have a long driveway so i would say that we can probably fit more than

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one parking spot and you'll see from the pictures this is not the first time that i've been in front

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of this board on this block and i haven't done all these but i've done i did one of these

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and this board has seen over the years the 800 block of north 63rd street to have requests for

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multifamily units on this RSA 3 block. And as you can see, on average, the request has been

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four and a quarter units. We're asking for four. On average, the lot size is 6,150. Oh, excuse me,

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the average lot size is 5,635. We're at 6,150. So in essence, we're asking for less than what

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this board has allowed under similar circumstances. And most of these lots don't have off-street

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parking, which we do. And the board is granted under those circumstances, multifamily use without

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officer report. Here's our application for appeal.

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here's our application for appeal

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and then here's a map and you'll see from the map we also laid it out for the board so they can see

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you know the block the 800 block of north 63rd street and here's indications

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of all the variances granted over the years with regard to this block each address and

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the corresponding number and here's a photograph as you can see as i stated we have off street

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parking we have a garage right now this is a boarded up property that we recently purchased

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beautiful like it you know obviously needs renovation and that's what we intend to do

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And by the way, we're on the trolley line as well as near public transportation to the right of the property on North 63rd, to the left of the property, North 63rd.

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And here's our garage.

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As you can see, we have the ability to park more than one car there.

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And then here's our orange notice poster.

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And here are our plans.

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The most important thing is, is that, you know, we're providing something that this board has under similar circumstances allowed.

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Let me just decrease the sizes so it's more manageable to see for the board.

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But, you know, you enter in the front.

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This is unit number one, and it has a lower level.

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And then this is unit number two.

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It has a lower level.

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You go up a flight of steps.

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And here, well, and unit number one also has a third level.

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so this is tri-level. Unit number two is a bi-level. You go up and fly the steps. Here's

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unit number three, which it goes, you know, and the top unit is unit number four. No roof

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deck where we have garbage, you know, storage in the rear. And then most importantly, we

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have a letter of support where the the community unanimously supported this project is this over

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brook farms um i don't believe it's over brook farms but i i have the owner of the property

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terrell hill who can state where but this is friends of over brook but i don't i don't believe

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it's over brook farms um and again the reasons why they um you know really uh supported this project

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is that the owner is from the area.

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Like, you know, he grew up in this part of town.

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He's done multiple projects around here

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looking to repurpose sites like this

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and really just focus on keeping the historical nature

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of the community.

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But, you know, they were fully in support of it

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and unanimously in support of it.

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So I do have Jarrell Hill who is online.

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So Jarrell, can you virtually raise your hand?

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mr hill please unmute yourself hello can you hear me yes mr hill please identify yourself

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with the record first and last name jerrell hill

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you swear and affirm to please provide us with your address

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uh 832 north 63rd street philadelphia you swear or affirm to tell the truth the whole truth

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nothing but the truth yes thank you mr knockinson uh yes uh mr hill you heard everything i stated

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today yes and is it true and correct correct and do you adopt as your own testimony yes i do

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um madam vice chair had a question is this part of uh overbrook farms this property

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um i don't know it's not overbrook farms overbrook farms is just a little further down

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or further up.

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Thank you.

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So I have no,

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I would be glad to take

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questions from the board.

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Questions from the board?

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No.

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No.

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Anyone else like to testify in this case?

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Please raise your hand.

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I see no handshare.

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Thank you. Planning commission?

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Good afternoon, Board. Peter Bernard for the Planning Commission.

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This property is indicated for single-family residential in the comprehensive plan.

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We feel the proposal represents an overuse of the property and recommend the number of

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units be reduced.

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Accordingly, we have no objection to the granting of the variance for multifamily, but ask that

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the number of units be reduced.

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Now, could you go back to the floor plans again?

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I got a little confused when you said the third floor, first, second, and third was a bi-level?

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I got a little confused when you said the third floor or...

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Yeah, so, and I have the architect on the line as well, but this front unit, it's a bi-level.

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So you can get in, there's an internal staircase to go down, but there's also a staircase to go up as well.

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then the there was one in the rear i believe yes so the the alternative entrance for the units is

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in the rear which is not uncommon for these units again you have parking that is also back there so

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it actually goes hand in hand with you know what these properties were in the past in terms of

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exterior rear entrance so third and fourth floor was it or the third the the second floor

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the second and third floors yeah okay all right i got it yeah i should have asked it up before i

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apologize yeah but again if you just like i really did put this chart together and we took some great

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time if you can understood yeah all right calendar number mi 2020-002347 832 north 63rd street my

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vote is yes my vote is no my vote is yes my vote is yes thank you tom had to get off for a while

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so he won't be uh i believe that completes the 3 30 list

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no chair that would be 2 p.m i'm sorry oh my gosh that was wishful thinking i'm sorry

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the two o'clock list okay it is now thank you and Tanya do you need a few minutes

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no chair we're all ready oh good thank you good afternoon or good evening everyone my name is

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Frankie Chico I'm the chair of the zoning board of adjustment I'll be participating in today's

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hearing along with our vice chair Ms. Carrollton Airy board secretary Professor Plaza and board

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members Mr. Thomas Holloman and Mr. James Snell. Board Administrator Tanya Sunken and Board Attorney

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Sharon Saleta are also in attendance. For those of you who haven't yet participated in one of our

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virtual hearings, I'll go through some of the basics of what you can expect. First, we will be

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administering oaths to individual participants prior to their testimony. Second, we'd like to

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advise everyone that this proceeding is being recorded and that by participating you acknowledge

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your agreement to be recorded. Third, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself. I repeat,

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for anyone participating by phone, if you wish to testify, you must raise your hand

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by hitting star nine and then star six to unmute yourself. Finally, to enter an appearance statement,

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call google 267-270-5548 and leave your email address and the address of the property at issue

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i'll repeat to enter an appearance statement call google 267-270-5548 and leave your email address

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and the address of the property at issue before we call our first case i'd like to announce the

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following cases that have requested a continuance mi 2020-001-856-1715 north 59th street

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MI 2020-001-858-2210 Bryn Mawr Avenue MI 2020-001-859-5204 Overbrook Avenue and I believe

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that's it if anyone disagrees with the granting of those continuances I just read into the record

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please raise your hand also chair i have a couple of continuances okay yes

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so you did number two right i'm sorry tanya you probably have the same one i do go ahead

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i have number two is being continued on your list right yes they did i have number four

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as being continued yes they read that one i didn't read i didn't read that one i read two five no i

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i read two five and seven so all i have that's going forward is one

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i'm sorry number yes number one and number three everything else i have is continued

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i'm sorry number yes number one and number three everything else i have is

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okay then let me get those in because all righty thank you wait one second i agree on one can i

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ask a question about one of them um miss sunkett sure the um number four mr kerr did submit

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exhibits he is requesting a continuance

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number four it's that's 201 west johnson street i have a continuance he is raising his hand

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would you like him to speak yeah let's get him on the record please okay good afternoon mr kerr

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please identify yourself with the record and i'll swear you in good afternoon mr chair members of

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the board william kerr of 40 east airy street in norristown on behalf of the applicant on 201 west

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johnson street you swear or affirm to tell the truth the whole truth nothing but the truth

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i do could you help us out are you asking for a continuance yes i am requesting a continuance

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that i will be the moving party okay okay all right mi 2020-001579201 201 west johnson street

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attorney moving party thank you thank you tanya uh are we okay with one and three i think there's

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still one that you need to read in okay which one six yes i don't believe you've read number five in

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uh i did

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unless i missed it Bryn Mawr Avenue i read that in no he read it in

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yeah so just to alleviate confusion i thought 22nd street here's what i read in

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number two i'm sorry i don't mean to keep talking over to you i just didn't hear 22nd street

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we didn't get to that one yet that's where i was going to ask number six

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oh is that to be continued yes yes attorney moving party okay mi 2020 that's 000247

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3625 north 22nd street attorney moving party so let me be clear before i go any further

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the following cases i read in as being continued number two on our list 1715 north 59th

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uh 201 west johnson street is number four on our list 2210 brimmar avenue number five on our list

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number six on our list 3625 north 22nd and number seven on our list 5204 overbrook avenue

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that is correct we're all clear on that okay and then we're going to hear number one on our list

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1301 Hanson and then number three on our list 18 excuse me 180 Westerard Avenue and we also have

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an add-on for 209 Delmar Street is that correct yes okay sounds good to me all right but let me

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just ask the question no one's objecting to the continuances and there's anyone else asking for

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a continuance or withdrawal please raise your hand i see no hands chair okay so carol we can

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go with uh the add-on we'll do the add-on first okay calendar number 1205 209 delmar street

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excuse me i thought we were going to do the add-on last my mistake i looked at my note

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backwards i apologize we'll do that last carol sorry number one first calendar number 1578 1301

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hanson street the attorney is matthew master pasqua master pasqua no hank clinton okay

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okay oh boy mr clinton you've been promoted to panelists mr clinton can you please put your

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name and address on the record and spell your last name sure my name is henry clinton c-l-i-n-t-o-n

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queen memorial building 1313 south 33rd street foot off upa 19146 do you swear or affirm to tell

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the whole truth and nothing but the truth i do and do you agree to wave and step i have an

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explanation on the refusal. I think it's partly incorrect. Okay. And have you emailed the exhibit

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packet with proof of ownership, tax clearance, refusal, referral, photos, and or plans of the

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property five days in advance of this hearing? Have you met with the RCO and do you have a letter?

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Yes to everything except the letter. And I can explain that also, I believe.

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Okay. You may proceed. Thank you, Ms. Neri. Ms. Sunkit, can I share my screen?

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Thank you, Mr. Neri. Ms. Sunkit, can I share my screen?

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Yes, you can, Mr. Clinton.

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Yes, sure.

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Is that large enough or do I need to make that larger?

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That's perfect.

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So this is 1301 South Hanson Street, just over the Great Shrory Avenue Bridge in West Philadelphia.

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Some call it Southwest Philadelphia.

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you. This is my table of contents, which contains my exhibits AA through A10. My appearance statement

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and refusal. This area is zoned RSA-3 and refusal says that attached structures

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are prohibited in RSA-3 zone. It was always my understanding that a semi-detached structure

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is permitted in an RSA3 zone, and that's what we're requesting today, and that's what every

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other home on this side of the street is. They're twins, and they're considered semi-detached,

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and I have a lot of photographs to show the board. I do not have a letter, and I'll explain that.

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So this is the block. This is the 1300 block of South Hanson Street. My client

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owns this lot. It's 17 wide by 80. All the lots on this street are that size. But you can see

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that every house on the block is a twin. And in between the homes are four to six feet.

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Here's an aerial view. We're looking east to the city. This is the

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Greats Ferry Avenue Bridge, excuse me, Woodland Street Bridge, and this is the property. Again,

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you can see that the whole block is our twins. This is the lot.

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Our property or our project will be built directly against the existing home at 1303 Hanson Street.

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This is a picture of some of the twins on Greenway Avenue, which is around the corner.

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More photographs of the twins on Hanson Street with a gap in between the properties.

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Again, more perspective and more views of the block.

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So the plans are, this is the existing house.

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Our proposal is to build a three-story property, trying to line up the windows with the house next door,

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double hung windows trying to tie in the cornice line and then have a different material blend on

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the third floor just to give some context to the front elevation we don't have any issues with

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open space with height with rear yard the simple refusal was that a attached home is not permitted

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in rsa3 zone which i indicated the outset i disagree with especially since every property

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on the street is semi-detached. Here's another side perspective, just showing you the rooftop

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deck and a cutaway of the house. This is the floor plan, basement area, first floor, second

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floor will have two bedrooms, and there will be a third bedroom on the third floor with a rooftop

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top deck. Now, to address the lack of a letter, I've met twice with the Southwest Philadelphia

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District Services, and to be frank to the tribunal, they did not like the project.

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They had a number of comments that they didn't want three stories. They didn't want new

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construction per se. They wanted us to mirror what was on the block. We tried to mirror what

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we could in terms of the facade. They thought there were too many bathrooms. So I don't know

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if anyone from Southwest Philadelphia District Services is on the line, but they're certainly

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welcome to speak. But after the two meetings that we had, I explained to the group, I said,

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well, all of your comments are non-zoning related. I said, we're not, you can't regulate the number

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of bathrooms. The height, we're under 38 feet. We have a nice rear yard. We have open space.

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I said, and I understand that you may not like change, but I can't really control that because

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my client is not asking for anything out of the ordinary. So that's the reason there is no letter.

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I've been in contact with Franz Pierre. I believe he's on the call. They explained the situation to

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him um and he may want to he may want to chime in on at the end of the presentation if the board

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doesn't have any questions so i'm basically presenting this as a very very unique situation

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where you have an entire block full of homes that are twins.

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where you have an entire block full

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And we're asking to put up a twin next to a home that is obvious at one time there was a twin here.

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The side of the house is stuccoed.

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So we're asking for its meat to be constructed right here so that it will be consistent with the rest of the block.

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I mean, I don't know that I've ever come before the board without a letter from the community group.

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So this is a really, really unique circumstance for me.

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I want to make sure I'm totally transparent with everybody.

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And I hope someone from Southwest is on the line, that they can respond to what my testimony has been.

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So I'm asking the board to look upon this application kindly because it is a unique physical circumstance.

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Our lot is 17 wide.

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RSA 3 requires an eight-foot, typically, gap between the houses.

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On this street, the gaps between the houses are about six feet.

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If we were to put a four- to six-foot gap here, let's take the true, I guess, literal interpretation of the code.

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If we were to put a four- to six-foot alley here, our house would be 13 feet wide, and it wouldn't make any sense because it's obvious that a home should be attached to this home

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so that then it's consistent with the rest of the block.

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The house will not alter the essential character of the neighborhood.

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My research indicates this lot has been vacant for some time.

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We're not going to disturb anyone's light or air,

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and it's basically in conformity with the code.

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So with that iRESC, I would ask my client to adopt my testimony

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unless there's some questions from the board, which I'll certainly entertain.

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Let's get your client on and then I do have a couple questions.

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Vadim, are you on the call? It would be Vadim Boryshev, B-O-R-I-S-O-V.

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If he could be promoted.

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He's been unmuted. He's able to speak. He has to unmute himself.

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Good evening, sir. Please identify yourself for the record and I'll swear you in.

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Vadim Borisov.

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Spell your first name.

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Mr. Clinton spelled your last name.

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How do you spell your first name?

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V is in Victor, A is in Apple, D is in David, I, M is in Mary.

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And the last name is B is in Boy, O, R, I, S is in Sam, O, V is in Victor.

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

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Yes, I do.

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Vadim, have you heard my testimony throughout this presentation?

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Yes.

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if you had the opportunity to testify would you adopt my testimony as your own and as true and

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correct yes thank you mr chairman mr clinton uh the first the first floor of your recliance

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project is it set back or what where does it begin uh the reason i'm concerned about is the

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consistency of the house most of the house at least next door not blocking it the porch the

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front porch is it set back or is it flush it's going to be flush with the front facade of the

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house next door okay so you're not so if i the house next door you're looking either way in

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either direction uh left or right uh you're not your view won't be blocked correct correct

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i think that's my only question any other questions from the board

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no no anyone else would like to testify in this case please raise your hand

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no handshare thank you planning commission uh ron bednar city planning do you swear

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and affirm to tell the truth the whole truth nothing but the truth I do thank you Ron please

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proceed this property is indicated for residential use on the city plan given the surrounding

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neighborhood use context we have no objection to the grounding of the variance thank you

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MR MI 2020-001578 1301 Hanson Street my vote is yes my vote is yes my vote is yes

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My vote is yes.

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Thank you, Mr. Chairman, members of the board.

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Thank you.

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You're welcome.

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Calendar number 0200180, West Girard Avenue.

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Zin Jin has been promoted to panelists good evening good evening Mr. Jin I believe you're

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then Jen has been promoted to

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still under oath yes name and address for the record and please spell your last name

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sure Zin Jin Z-H-E-N J-I-N 1617 John F. Kennedy Boulevard suite 1838 Philadelphia PA 19103 here

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on behalf of the applicant. Thank you. Do you agree to waive the reading of the refusal and

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stipulate to its accuracy? I would only say that it's a referral, not a refusal, but we would

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otherwise stipulate. Thank you. And have you emailed the exhibit packet with proof of ownership,

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tax clearance, refusal referral, photos and plans five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter? Yes, to all questions. Thank you. You may

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proceed. Thank you. Good evening. I'm going to go ahead and share with the board the information

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related to this case. So we have submitted the referral, community letter, photos, plans, tax

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compliance, lease, application, PIF, and hearing notice. This is a referral notice because this is

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a CMX commercial mixed-use property. It's essentially a neighborhood shopping center

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was one of the units being the one that we're applying for, for an eating and drinking

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establishment. A special exception is required in this case. The application is for a seafood

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restaurant. We met with the Northern Liberties Neighbors Association, and we provided them

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a dedicated location within the planned restaurant to put refuse. That's one of their main requests,

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because at the center while there are dumpsters they're concerned with the dumpsters becoming

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overflowing with refuse and ask that we have at least some type of interior trash storage plan

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along with the confirmation we will have it picked up seven days a week

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and my client did agree to that and we will make such plans and I'll show the plan where we intend

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to do that. So this is the photograph of the location as you can see it's one of the unit

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spaces it will require full fit out but again the use is very consistent with the area and it would

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only add to the area and would not cause any greater hardship than what is normally associated

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with restaurants in a commercial corridor. The plans show that the space will be laid out with

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seating and a open style kitchen in the back. We have marked out an area on the plan that was

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satisfactory to the community for storage of trash. I'm going to go ahead and zoom in a little bit

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so that the board can more easily see that. So there is actually a parking access entrance in

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the back. The dumpsters are actually in this parking area in one of the corners. So the community

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primarily just want us to have trash cans within the unit so that we're not overflowing. We're

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using just a dumpster for trash. And this is obviously subject to potential change in the

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location within due to health code requirements.

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So we don't necessarily want the plan stamp,

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but we will accept that as a proviso from the board

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that trash would be stored, the applicant would make space

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available within the premises for trash storage

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and that it would be picked up seven days a week.

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With that, the community gave us their support.

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And given that this is a special exception,

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They have raised no other hardship. I believe my client has met the requirements of such

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a application and would ask for the zoning board's favorable adjudication in this case.

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Have your client? Yes, my client is here as well. It's Mr. Lin. So it's Xionghua Lin.

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Maybe you can spell it for us.

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It's X-I-O-N-G space H-U-A, last name L-I-N.

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He might be on a phone number.

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So if he's here, please raise your hand.

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He's been unmuted on our end.

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He has to unmute himself.

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Okay.

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Is the unmute using the phone a particular combination?

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He's not calling from a phone.

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No.

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Mr. Lenny, you have to click unmute on your screen.

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I'll see you next time.

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if it was safe mr jen mr jen your client apparently is having some technical technical

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difficulties as an officer of the court will stipulate your client would be adopting your

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testimony i do thank you any questions from the board no no no would anyone else like to

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testify in this case? If so, please raise your hand.

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I have someone by the last name of Wu. Please unmute yourself.

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Same person, John? It's associated with my client as well.

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All right, so we'll get his full name on the record.

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i see their issues still with the uh unmute unmuting um again i don't want to take up too

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much of the board's time well you again will stipulate that uh you're he would adopt your

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testimony anyone else who wish to testify please raise your hand no other hands share thank you

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planning commission so ron bednar city planning

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this property is uh indicated for neighborhood commercial mixed use on the city plan

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we propose uh the proposal is consistent with the site use context therefore we have no objection to

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the granting a special exception thank you ron mi 2020-000200 180 west gerard avenue my vote is yes

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with proviso commercial trash pickup and trash to be stored inside building my vote is yes with

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proviso yes with proviso yes with proviso thank you calendar number 1205 209 delmar street

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Mr. Whalen has been promoted to panelist

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Mr. Whalen can you please state your name and address for the record?

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Sure.

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Sean Whalen, W-H-A-L-E-N, 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19003.

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

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I do.

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Do you agree to waive and stipulate?

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Yes, I do.

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And just to make this clear, this is a continued hearing, so I would continue and reaffirm

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everything that I already agreed to and stipulated to in the first year. Okay, so the exhibit packet

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has been sent in? Yes, correct. There are revised plans, is that correct? Yes, there are revised

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plans that were submitted prior to the original hearing. How many pages? I believe it's just one,

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but let me double check. Excuse me, this is Sharon Saleta. Sarah Alderfer is also in attendance.

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she represents the RCO, if she could perhaps be promoted to.

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And to answer your question, Chairman, two pages are the revised plans. Thank you.

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Good evening, Mr. Chair, members of the board. Sarah Alderfer, S-A-R-A-H-A-L-D-E-R-F-E-R,

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1500 jfk boulevard suite 800 philadelphia i represent uh the coordinating rco ridge park

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civic association and do you swear or affirm to tell the truth the whole truth and nothing but

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the truth i do thank you please proceed um yeah so actually sir i'm going to jump in here be

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before we get just so we get started um chairman uh just to uh give a very quick background i know

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the hour is late I made sure all of my prior witnesses are here in case the board has any

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questions to get caught up again but I just wanted because it's because it's been about

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five and a half weeks I figured I'd give a extremely quick overview of where we were

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where we left off and why we continued. We'll get thank you and Sarah we'll get back to

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as soon as he's done. Thank you. Sure. So I hope that you are seeing my screen now. And again,

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if you have any questions, please let me know. I want to be very quick just to give you some

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background. You know, I know you already heard all this, as did Sarah, I believe you heard all

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of this as well. So I'm not not trying to skip by anybody. This is the project. This is 209

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Del Mar Street, right next to it adjacent is 211 Del Mar Street, two very large deep parcels.

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we are seeking to consolidate them into a single parcel which would be approximately

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We are seeking to consolidate them into a single parcel, which would be approximately 200.

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200 feet across by 220 feet deep. This is Fountain Street and this is the Roxborough neighborhood

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of Philadelphia. So if we go to here was the original plans and again these were the plans

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that we originally submitted with the application it had 23 dwelling units all of them are single

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family homes and we proposed 51 parking spaces we met with the RCO and to say that they categorically

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hated it and opposed it would would be gentle on on our project so I you know I'm not trying to

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sugarcoat that in any way in fact they disliked it so much you may recall they categorically

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refused to meet with us or talk with us thereafter so we continued working with planning commission

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staff councilman's office and actually went through cdr and what we came up with was a

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significantly toned down plan we in fact addressed every single issue that cdr had cdr actually

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viewed the plan quite favorably um we were in a little bit of an interesting pickle in that i

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understand the planning commission staff is going to oppose a rear um the rear row of homes uh but

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cdr actually liked that so we were sort of in a in a pickle as to how do you you know deal with

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being different um so what you can tell is we completely redesigned the project separated it

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we reduced it from 23 units to 15 units and eliminated all of the interior parking spaces

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that everyone had so now all the parking is in the garages that was a big issue that pretty

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much everyone agreed on and that allowed us to really open this up into a huge open area which

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now meets the open space requirements for rsd3 um so we completely redesigned the plan and i think

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that I you know it warrants stating here just very quickly that this was we we didn't redesign

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the project for any quid pro quo or um negotiation of approvals uh you know the RCO was not working

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with us or meeting with us we simply redesigned the plan because we thought that everyone's input

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all the parties involved uh gave us a better project um and we're very happy with how that

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turned out. We pulled the houses back off the street, and you can see. So here are the two

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subject properties right here. Here's Fountain Street. There's quite an elevation difference

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if you're familiar with Fountain Street. This is the rest of Del Mar Street. As you can see,

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Most of Delmar prior to 2010 looked significantly like our end of the block.

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Actually, most of these houses, almost none of these houses were here.

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And you heard testimony that in the last 10 years, there was a variable sea change in this neighborhood.

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And now you currently have, you can tell, the entire block is row homes and twins.

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And we have examples. They're all, you know, relatively brand new construction. Again, so we are attempting to coordinate what these last houses right here, these five properties in 2017 were downzoned by city council ordinance from RSA 5 to RSD 3.

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um i will explain later that i believe that that was an example of reverse spot zoning

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because it required our final properties to be the only properties on the street

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that have rsd3 zoning none of the other houses are um and so we uh you know again we we completely

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redesigned the project in an attempt to make this work um and we presented these revised plans

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in front of this board. And I think these are the most telling examples. So this is the original

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project that we were showing. And here's what we revised it to. You can see we pulled everything

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way back, fit it much more in line with all the other properties, including the recessed house

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next door. And again, you know, this was the original project. And this is what the center

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courtyard would look like now. These were the original homes right up on the street by

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These were the original homes right up on the street.

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By everyone's request, we set them back 12 feet now with an extra-wide sidewalk.

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That sidewalk does not exist currently, and we would be adding it, and again, here's the

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original project, and we really opened it up, and we'll have a significant improvement

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to the overall landscape here.

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Now, this is currently the status of the home that is at 211 Delmar, and here is the status

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of the home at 209 Delmar.

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These houses on Delmar Street are sort of antiquated and, as you can tell, falling on

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hard times and dilapidated.

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the reason being is this is now a row house and town and twin home neighborhood just like much

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of Roxborough but these sites in and of themselves and you can see it here we are the only properties

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that go all the way back you can see all the houses up and down near us are actually very

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small so you heard a lot of testimony from our land planner and our architect and regiro plant

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and the owner and developer that there's simply no more realistic use of these properties as huge

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rsd3 properties rsd3 requires a 5 000 square foot lots uh consolidated our two lots together

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would be about 44 000 square feet um you know and i know that there's a big issue with open

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space in the area but again we meet we meet even though we're adding 15 homes we would be meeting

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the uh the open space requirements and you know you can see how small the average um up and down

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the block uh the average and i can look up the number um is 2200 square feet per lot um so the

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board uh you know took all of this testimony obviously had a very full list that day um

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miss alder for was there with her clients and the board decided to continue the matter

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first and foremost because of the extensive list we had already spent some significant time going

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through the testimony which i just blitzed through now but furthermore to really for the chair to try

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to persuade the rco to meet with us with regard to the revised project um thankfully the board's

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insistence worked and the RCO did hold a special meeting for us in advance about two weeks ago

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and we presented the project. Unfortunately, their stance didn't change. They believe that

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no variance should be granted whatsoever and that their position is that only three homes can be

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built by right. I'm going to object at this point. I'm here on behalf of the RCO and we're going to

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state our position um so i would object to mr whalen's characterizations as to our position

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understood object insisting we'll get to that uh with uh miss miss haldif here all right so all i

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would say was that from our position uh because i believe it will be relevant and we did state this

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again and i'm happy to have any of my witnesses answer questions that the board may have

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is that our according to our calculations a buy right development would be eight units or eight

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homes rather um full rsd3 uh we don't believe that that would be contextual or appropriate at

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this location um which you heard from our our realtor and our um land planner and that if this

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were RSA 5, again, I forgot to pull up the zoning map for you. The zoning map shows that, again,

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we are the only plan, I'm not finding it, we are the only properties that are not RSA 5

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on the block, and I apologize that I don't have that up for you, so I'll pull it up real quick.

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While Mr. Whelan is pulling that up, I'd just like to note that we object to Mr. Whelan's

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analysis as to the number of units that are allowed by Wright, and that is our belief that

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only three units would be permitted as a Wright in this case, and that will be part of our

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presentation. Understood, and if I made it not clear that that was the case, I apologize.

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Yeah, I took it to be as if I write eight units, so thank you for clearing that up.

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Yeah, so that is our position. So as you can see here, it's loading, but these are our properties

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right here. You can see that these are the only RSD3 properties at the very end.

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you can see that these are the only RSD three properties at the very end and everything else

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is RSA five and like I said that the testimony was previously um that about 40 homes were built

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on this street uh over the last 10 years so uh with that I would I promise to be brief I hope

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I was brief enough given that it's after five o'clock um you know again I'm happy to have uh

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any answer to answer any questions that the board may have now or later but again Sarah I apologize

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for interrupting you but just wanted to give some context as to where we were so thank you

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stop sharing and cede the floor does the board have any questions for Mr. Whalen no no okay Miss

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Ms. Aldaferrer? Good evening. So, you know, to begin at the beginning.

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Not too far in the beginning. It's the applicant's duty to prove a hardship in order to obtain a

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variance, and the burden is on them to do so. It's our position that the applicant has not done so

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in this case for various reasons. Initially, the property can be used for a permitted purpose,

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it exists presently as two co-compliant single-family homes, and there has not been sufficient testimony as to why that use cannot continue.

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Pursuant to Marshall v. City of Philadelphia, when you're going from an existing conforming use and you're requesting a variance,

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mere evidence that the zone use is less financially rewarding than the proposed use is insufficient to grant a variance.

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um secondly um we've heard no testimony as to the that as to the value of the property and its

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current purpose um the zoning code sets forth um a number of criteria for granting a variance

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um in terms of hardship these can be boiled down to there's a unique hardship for the property

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The variance, if granted, would have no adverse effect on public health, safety, and welfare,

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and that the variance requested is the minimum variance necessary to afford relief.

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The minimum variance standard was recently refined by the Commonwealth Court in In-Ray

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Appeal of Bridge Park Civic Association.

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And in that order, I've included for you.

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I'm going to share my screen with you guys.

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so you can see I'll share that order with you it is exhibit eight of my packet

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and in that case the commonwealth court stated that the minimum variance standard applies

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to the number of units imposed by the code and that when you're looking at the minimum

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variance standard in terms of number of units and density that the applicant has to prove that the

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number of units sought is in fact the minimum number of units that's necessary for the project

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to be viable. We've seen no evidence that the 15 units that is proposed is in fact the minimum

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number of units that would make this project viable. So we've heard no discussion as to why

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the project is not viable at a lesser number and why 15 units is, in fact, the minimum that must

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be built here. In addition, looking at the criteria set forth in section 143038E of the code,

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this project alters the essential character of this neighborhood. While Mr. Whelan asserts that

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But the properties to the downhill down from the project are are are developed as townhomes and RSA five, the character of the portion of the block itself, which is at issue here is RSA three and that zoning was done in order to preserve that character.

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I'm going to scroll up and show you guys the, you know, aerial photos, which I believe,

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you know, we're all familiar with the area at this point, but, you know, to aid in review,

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you can see that what that while there's a newer section of townhomes this the section at the end

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you can see

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of the block beginning with the properties at issue and then continuing downward is in is a

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more detached residential district and the and changing those attached and replacing the two

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existing attached homes with townhomes particularly a double stacked set of townhomes alters the

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character of the neighborhood. I would also state that the addition of a second row would be a new

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precedent in this neighborhood. There is not a project in this immediate area that has two rows

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of townhomes attached to each other. As previously stated, the property is currently used in a code

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compliant manner and exists as two single family homes. The project raises certain environmental

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concerns for the area. These include lack of green space, as well as the burdening of so many

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units on sewer lines in the area, which were not designed in a way to support the number of units

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that are being proposed here. And in addition, there's an issue regarding traffic. I'm going to

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put up on the screen for you guys a shot of the area of Delmar Street that is directly

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in front of the subject property. This, as you can see from looking at this, Delmar Street is a very

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narrow street. You can see my car here parked illegally on the left. But just to give you guys

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an idea of the scale of Delmar Street and how, you know, a turnoff for 15 units with

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two-car parking for both units creates a hardship as creates a problem for the neighborhood

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regarding the traffic in and out and overburdened the area with vehicular traffic.

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um and then Delmar Street turns down into goes around the corner into Mansion Street it's a tight

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and somewhat blind corner and that and that and Mansion Street is is likewise quite narrow so

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if you so looking at the screen here you can see that this is quite a tight turn of uneven pavement

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And this is looking down Mansion Street, where it is actually quite narrow.

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So the addition of 30 cars in this area creates a problem for traffic.

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In addition, the second row of homes limits the light and air to the surrounding properties.

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And we also have a concern for trash pickup.

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There are 15 proposed units, and if this would go through as a multi-unit property,

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there's a question as to how a trash truck would get down the street and where,

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even if trash is individually stored within each unit, how the trash would be picked up.

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um as mr relin stated this property was down zoned to retain the character of the rsa3

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residential district in the area that was done by council on march 8 2018 by bill number 170995

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which is Exhibit 10. And City Council passed this bill with the explicit

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goal of keeping this area as an RSA 3 area. Now, Mr. Willen brought up the issue of spot zoning.

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This is the zoning that was previous. This entire area was zoned RSA 5. And then going down to the new map here, you can see that this area was split.

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So the property would be here where I'm kind of indicating with my cursor is around where the properties are located.

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And so it was not necessarily a spot zoning, but there were two areas at the end of Delmar Street that were rezoned to RSD 3 in order to maintain that character in the neighborhood.

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to RSD3 in order to maintain that character of the neighborhood. In addition, this area

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down here, which is part of Germany Hill, was rezoned to a different zoning district.

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And that zoning was done to maintain the essential character of the neighborhood,

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but also in accordance with the planning objectives for this area.

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The 2035 plan had designated these areas as areas of zoning that needed to be addressed.

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So I've included it at Exhibit 9, beginning on page 87, excerpts of the 2035 plan.

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And here at Letter A, it designates this area at the end of Delmar Street as a corrective area.

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and it is and the reason for the rezoning would be here to down zone to preserve the existing

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density and character of the neighborhood um fine uh and then there's other issues with regard to

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this project uh specifically um this project is located on the side of a hill and there are steep

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slope issues at play here um looking for a moment at the site survey that was prepared by

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i believe rogero plant land design um you can see on the survey itself that there is an area

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at the bottom here that's in 25 grade as mr whalen stated earlier it's our understanding that

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they are not presently seeking to develop on this area. However, there are also two areas designated

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in like a polka dot, I want to say in a polka dot shade here that are between 15 and 25 percent

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grade. And pursuant to 14704 to be one of the code, they would be required to provide an earth

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movement plan. To date, we have not seen an earth movement plan for this project and definitely not

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for the revised plan. And according to the code, the earth movement plan must set forth the measures

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by which erosion and sedimentation are to be controlled. So absent an earth movement plan,

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we don't the applicant hasn't presented enough information to substantiate that this plan should

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go forward and I'd like to remind the board that in the matter that in a similar situation

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regarding the property at 6558 Lawton Street um which was uh calendar number 36678 um this board

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denied a variance for failure to provide an earth movement plan at the Zoning Board hearing

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in an area where there was development between 15% and 25% grade. That decision was upheld by

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the Court of Common Pleas and is now on appeal to the Commonwealth Court. And the information

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for that case is in the exhibits. It's Exhibit 12, which begins on page 106.

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The RCO met, and the initial vote on the original plan was 70 opposed and 6 in favor.

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on the revised plan, the vote was 40 opposed and three in favor. And I would just note we've

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submitted a letter to the board that outlines the broad scope of the opposition. However,

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I would like to note that our opposition is to the plan for 15 units as presented.

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It's not our position that any variance is objectionable.

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We are only commenting on the plan and the presentation as given to us by Mr. Whalen.

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We do not have an opinion as to any other development proposals which have not been presented to us.

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In the event that there was an alternate development proposal, we would be happy to meet with that applicant and discuss that plan in detail.

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But absent a specific plan, we can't give an opinion.

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We look at every application and every plan on its own merits at that time.

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In addition, there's a few technical issues that I wanted to clear up.

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So at the last hearing, Mr. Whalen presented.

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So, at the last hearing, Mr. Whelan presented, but I was not a panelist at that time, so I had a few quick objections that I just wanted to note for the record.

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Initially, several of Mr. Whalen's witnesses were expert witnesses, and their testimony included a number of factual and legal conclusions, which encompassed statements such as whether or not the variant should be granted, as well as various legal conclusions under the zoning code.

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And to the extent that those legal conclusions step on the toes of the zoning board, I object to those conclusions.

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The zoning board, you guys are very capable of making that decision on your own.

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And so I object to the inclusion of any expert testimony that encompasses the role of the ZBA as the fact finder in this matter.

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In addition, we have objections as to the accuracy of the refusal.

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This is an RSD3 zoning district. It provides for detached homes, and the required side yard is two 10-foot side yards with a minimum total of 25 feet.

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If you're looking at the plan itself, at page 60,

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the width of the side yards at the front building is not code compliant. I had previously raised

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this issue with Mr. Whalen prior to this hearing, and he has elected to proceed despite the

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knowledge of our claims on this additional refusal. I'd like to note that here you can

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see on the plan, there is what appears to be a non-code compliant side yard. So I just

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wanted to note that for the record. In addition, there are a number of other minor technical

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issues, the plan does not provide for an electrical vehicle space, which would be required under

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the code. And also, while this revised plan includes an ADA parking space noted on the

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plan, those ADA parking spaces are not located near an accessible entrance, so they may not

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actually be code-compliant ADA spaces. So that covers the high points of my presentation.

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At this time, I'd like to ask Marlene Schleifer from the Ridge Park Civic Association to adopt my statements.

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Good evening, ma'am. Please identify yourself with a record, spell your full name, and provide us with your address.

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Sure. My name is Marlene Schleifer. It's M-A-R-L-E-N-E. The last name is spelled S-C-H-L-E-I-F as in Frank. E-R. I live at 4876 Smith Street in Philadelphia, 19127. And I am the president and the RCO representative for Ridge Park Civic.

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

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I do.

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Sarah, please.

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Have you heard my statements? Yes, I have. Are they true and correct? Yes, absolutely.

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And do you adopt them as your own? Yes, I do. In addition, regarding this plan,

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what additional concerns were voiced by the community at the RCO meeting?

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there were quite a number of them um the traffic was a clear concern because of all the new homes

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there's some parking on the street and some places where you can't and um there it's a lot

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busier street than um than mr whalen would have people think um there were serious issues regarding

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runoff because there are brand new homes at the bottom of this very steep slope and there are

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five that are finished and occupied. There's another 10 that are coming and there's serious

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concern about whether they will have to deal with runoff issues regardless of what kind of storm

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water management plan is placed in this development. We question whether there really is a hardship

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We question whether there really is a hardship here, combining two lots and

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here combining two lots

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making them into one lot doesn't necessarily mean that there's a

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hardship. We also had major concerns about the other construction that's

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going on in the area and what that is doing to the traffic, making it even

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worse. There's no traffic study. And as we understand it from the neighbors, you can't

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get a fire truck around the corner here. So how can you add more homes? And the other

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major concern, as several of the neighbors will elaborate, the houses, there's two houses next

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door to this development. And they are told that the owners of those homes are totally in agreement

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with this because the developers have promised them that their houses can be purchased. So this

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is not the end. Mr. Chairman, I'm obviously going through it. That's hearsay, not inadmissible. Thank

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you. Thank you. They will tell you that. Well, yeah, we need to hear from them, but no disrespect

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to you. No, that's fine. No, fine. I understand. But it's just too much for this area. We can't

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handle anymore um l and i doesn't monitor what goes on and nobody's paying attention to what

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gets approved and it just has to stop there's no more room for this thank you sarah the lady

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just mentioned something about there's currently construction for 10 new homes

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um in this in the where are they in relationship to this application

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do you know um marlene which which project were you referring to

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down hill on fountain street if you look at the map of the area there are five new homes

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that are already completed and there are another 10 that are under construction

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so if you look here um here's the property um on delmar street this is fountain street

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So this is actually an old aerial view. There are actually homes going in downhill on Fountain Street.

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I can try to. Those are, excuse the interruption, those are the 10 homes Miss Marlene is speaking to?

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Okay. All right. Thank you. Sarah, could you go to that photograph you had where your car was parked illegal?

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Sure, it's not there. So hopefully it means I won't get a ticket.

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I'm just quoting you.

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At the end of that block, to the right and to the left, are they all single detached homes?

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So to the left of us are single detached homes.

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To the right, there is a mix.

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So I'll show you another view.

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I went a little picture happy it looks out there um if

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they're twins actually so you this is the beginning of the other side so here you can see this is a

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single family and then this is the side of a twin and then this is our side of the street and then

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so you can see this is a twin here that delmar is that manson that's this is delmar street

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so this is delmar street across the street from the subject property so this is a twin here

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and then this is an attached home and then there's another set of twins here but this is

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I believe that the break comes right where my cursor is and that these are

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these that that this is the new construction but this is this going this way is rsd3 as well

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Thank you. I think I heard you say, correct me if I'm wrong, that there has been no other discussion that the RCO could entertain about something different than what we're looking at today.

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Although this is a rehearing, I understand,

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and there have been adjustments that were made from the original presentation.

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it's sound to me, and correct me if I'm wrong, that there might be still an opportunity to have

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It's sound to me, and correct me if I'm wrong,

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that there might be still an...

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further conversation. If I'm wrong, tell me I'm wrong. Well, I mean, not to speak for, you know,

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Mr. Whelan, of course, can chime in. I'm speaking to you as the representative for the RCO.

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As the representative of the RCO, at the end of this meeting, prior to taking a vote, we invited

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Mr. Whalen to come back again for another presentation he declined to do so and so we

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proceeded to vote in opposition to this project if Mr. Whalen wanted to come in and present

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a second revised plan we'd be willing to do that but we would need to see substantiation

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as to the minimum number of units and as to a hardship in order to proceed

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one other question then i'll ask the board mr chairman if i could just respond to that

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right um i have a number of factual issues to respond to and obviously i'll i'll make my legal

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summation at some point um but you know we did decline to postpone this hearing yet again to come

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in and and hear this board's determination on 15 um we were told uh almost verbatim and i'm sure

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there's a transcript of it that 15 was unacceptable and double digits were unacceptable and they saw

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no reason why anything more than the buy right three would be acceptable but if we wanted to

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come in and try to do something around the three or five or somewhere in that neighborhood they'd

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be willing to have a conversation with us so I just don't want it misunderstood that there was

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any kind of conversation about a true negotiation between the parties yeah I didn't take it that way

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just one you know I don't want to keep belaboring this point but when I hear that you know we were

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not given an opportunity to talk about something different than the 15 that says to me I could be

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wrong that there's still an opportunity to have a conversation but all right having said that any

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questions from the board no no okay all right where are we now who's uh who's up next um i

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believe that there's a number of neighbors here um yeah uh with all due respect i i just we just

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don't need to have anything uh anything new and different would be acceptable no disrespect to

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folks have been waiting uh but we just don't hear the same repetition chairman i will also

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obviously stipulate we we lost very very powerfully uh both times we went before the uh the rco

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understood if i could just request that um we hear from gabriel romano he had specific concerns

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regarding the um environmental issues on the project and he is a registered architect and

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had thoughts that he i know that he wanted to share with the board is he from the community

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yes okay thank you mr romano please identify yourself with a record name and address

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yeah my name is gabriel romano g-a-b-r-i-e-l-r-o-m-a-n-o uh 224 lamont street

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sorry about that you swear or from to tell the truth the whole truth nothing but the truth

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I do, yes.

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Thank you.

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Sharon?

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Yeah, so I'm a resident along with my wife and two children at 224 Lamont.

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It's just around the bend, Mansion Street, right there at the bottom of Lamont Street.

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I walk and drive by the property just about every day.

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I'm connected to Germany Hill, the green space that this property shares as well.

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And my biggest concern as an architect, I also work in development as well, so I have

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oftentimes come across grading and stormwater management. I took a pretty close look at the

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plans that they presented, and by my count, they're looking to clear and grade and increase

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impervious surface to 70% or more of the area before the large drop-off. That drop-off, just

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to be clear, I know that it was mentioned that it's 25% and greater, but from what I

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can tell, there's spots that are exceeding 40%, close to 50%.

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So it's not a hill.

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It's a really big drop-off area that water does not really necessarily soak into, but

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runs down.

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So this increase to 70% impervious surface, that's an increase from about what's

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currently there of about 12 percent. So this is really like 60 percent less

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foliage, 60 percent less roots, 60 percent less area that water can soak in

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60% less area that water can soak in and dissipate before it leaves the site.

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and dissipate before it leaves the site.

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Instead, it's landing on hard surfaces and very steep slopes that remain on the back.

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They're claiming that this will be handled by stormwater management systems on site,

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specifically about a 4,500 square foot area of green space located between the front and

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back rows.

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I haven't seen the specific engineering, but from a practical standpoint, I guess that

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could work for those homes on Delmar Street, but all the homes in the rear would literally

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be fighting an uphill battle on stormwater management. Even if they engineered some sort

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of solution for those back homes to use that central space, it would be a solution that works

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against the natural site. And as a general rule, forced engineering is not good engineering,

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and I worry that their stormwater management will not stand the test of time,

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and eventually the site will win and that's going to be long after the developer has already made

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their profit. So where does the water go? It's a massive hill that starts about 10 feet behind

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all of this impervious surface and that water is going to go straight down the hill. If I was

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if I lived on Fountain Street I'd be really concerned. So when I put on my resident hat

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and my engineer had I keep coming back to the idea of trust and in this

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neighborhood we've seen a lot of construction we've seen a lot of bad

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construction and very little good construction and in my experience these

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sites are not necessarily built in a clean professional manner I've had three

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different nails in my tires over the last two years I pulled a shard of glass

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out of my dog's toe and there's dirt and dust poor patch ins for utilities but

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we're supposed to trust that this developer is going to be different, trust that they're

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going to build within 10 feet of major slopes without issue, that they're going to provide

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a super high level of diligence in engineering, construction, and maintenance, which I think

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this project requires, and we're supposed to trust that the engineering is, we're supposed

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to trust in the engineering, but they're seeking approval and haven't updated their earth movement

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plan to reflect their current design. That's not earning trust right off the bat. In general,

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I don't think the double D lot is one that fits for the site. It doesn't fit with the context of

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the neighborhood and the street. I think it's a dangerous precedent. It certainly doesn't fit

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with the zoning. From an engineering standpoint, I think it's just a poor idea. I fully approve

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the project. Thank you. Thank you for your comments. Who's up? Who's next? We're going to

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have to wrap this up as quickly as we can. No disrespect to the attorneys on both sides and

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the people who have been waiting. We've been hearing quite a lot of testimony. So

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closing remarks. Mr. Chairman, I just have one person. I got notice of one person that would

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really like to speak. Name is Russell Roche, R-O-C-H-E. That's the near neighbor adjacent

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to us at the end of Delmar Street.

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Mr. Roche, please identify yourself for the record and I'll swear you in.

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I'm not showing him Mr. Roche. I see Ryan and Andrew.

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I'm sorry, his, he's on by phone. His phone number is 267-243-4757. I was just texted that.

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All right, his hand isn't coming up. I have a caller with the last four,

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one eight nine seven no this is i have the last four is four seven five seven

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could you please instruct him to raise his hand please sure i'll call my client

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i understand how you know technical difficulties we would usually move on um

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Well, I mean, while there are a number of unit, number of participants here, I see, you know, 57 participants on the Zoom.

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There's no 57.

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I understand the board is pressed for time.

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I just want to note that there are in fact 57 participants

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on the Zoom and that given what Mr. Whelan has indicated

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so far that I would imagine that the vast majority

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of them are likely in opposition to this proposal.

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I would stipulate that the majority of folks who are waiting or you represent and that they would acknowledge your testimony.

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Stipulate that the majority of folks who are waiting

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or you represent

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And they would probably be the same folks who have been opposed to it at the first hearing.

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So, again, no disrespect to those folks.

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We appreciate their opportunity, taking the time to be with us, but it's just not possible for us to go through a list of 57 people.

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Okay, David DiRienzo is going to raise his hand and he will conference in Mr. Roach.

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To be clear, I do not represent Mr. Roach and I have not spoken with him prior to this

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hearing.

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He's been unmuted, please allow XM to unmute himself.

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Good evening, Mr. Roach.

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Please identify yourself for the record, name and address.

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Hi, my name is Russell Roach.

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Mr. Roach, you need to speak more clearly and closer to the microphone or phone,

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whatever it is you're using.

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Mr. Roach, we cannot hear you.

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My name is Russell Roach.

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I have a 205-DELF-3-4-0.

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Mr. Roach, Mr. Roach.

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Yes.

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there you go we can barely hear you do you have a second device on

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all right we're going to move on and maybe before we close we'll get mr roach on who's

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closing arguments i believe

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mr whalen go ahead sorry i think you already i mean i believe sure um i just i mean

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And to summarize, there's significant opposition.

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That opposition is based on the lack of hardship presented by the applicant.

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An issue to be thought of is that a vibrant proposal here in RSD 3 would be three homes, not eight by our estimation.

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And that is based on the fact that under the dimensional tables of the zoning code,

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the all of the dimensions apply and there is a minimum lot width of 50 feet in rsd3 this lot

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is 186 feet wide so you could only fit three lots or three homes into this site um the uh the

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applicant is seeking to take two lots into one and then using that combined lot and the overall size

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of it to justify what it purports to be a hardship here um if i that if that is a hardship it is in

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fact self-created by the applicant's own plan but you know for the reasons previously stated at length

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before and in the interest of time um we do not believe that there's a hardship here there's

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significant neighborhood opposition um and i believe that the councilman has also delivered

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a letter to the board where he is in opposition to this plan as well thank you mr whalen yes thank

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thank you mr chairman i i will again be brief um aside unfortunately aside from the recitations of

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the code and the marshall standard for what is required in the city for a variance a unique

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hardship no adverse impact on health safety and welfare and the least minimum variance test

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Ms. Alderfer has wholly misstated the legal standard before you, and that would be before

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the court, which we understand, regardless, is going to get appealed. The party is, both under

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Hertzberg and Marshall, not required at any point in time to show a by-right plan or to show that a

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by-right plan doesn't work, or that any permitted use doesn't work or is financially unviable.

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I could, you know, go into most of the factual recitations that Ms. Alderfer made were refuted

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by our experts, and obviously we can go into those if you want them. Now, a lot has been

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made about hardship. The hardship is, excuse me, a hardship by law under the Wilson case from

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2007 from the Supreme Court is not self-created where a developer obtains a lot intending to use

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it for an unpermitted process. So here there's no issue of self-creating a hardship. And while

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the consolidated lots would be 44,000 square feet, each individual lot is 22,000 square feet

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almost exactly. It's almost a precise even split. And same dimensionally,

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a precise even split. And same dimensionally, there are no second row of homes elsewhere in

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the neighborhood because there are no properties that could have a second row of homes.

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All of the other properties that have depth to them are from Fountain Street going up the steep

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slope and you can't build on that steep slope. This property is extremely unique in that sense

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that we have about 180 feet before you or 185 feet before you get to a steep slope that you're

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not allowed to build in and therefore that that size that sheer size of 44,000 square feet when

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you're talking about rsd3 and only a 5,000 square foot lot size it is not contextual and does not

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fit you also heard from that the large lots are not an appropriate land use for the land planner

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you also did hear with regard to the least minimum variance test both from the applicant

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the architect and the land planner in the original instance that this that 15 was the

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least minimum variance necessary and was an appropriate use for this project in order to

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be contextual with the project. Context of this neighborhood does not constitute just the

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immediately adjacent parcels as Ms. Alderfer would have you rely upon. It indeed includes the

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entire block and albeit the entire near neighborhood. And specific to that, the primary

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hardship here, which this zoning board has upheld numerous times and the Commonwealth Court has

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upheld numerous times is that a change in neighborhood in and of itself constitutes

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a hardship on the property. So here, regardless of the 2017 ordinance, which does equate to

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reverse spot zoning, there were approximately 40 homes all twins and row houses built within

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the last 10 years up and down this block. You know, just because these properties at

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end of the block are the last ones to the party doesn't mean that they get shut out. That is

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basically why the court has found when you have a neighborhood that is changing over,

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you are allowed residential in an industrial neighborhood if industrial use is no longer

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viable. Here you heard extensive testimony that the RSD3 large lot homes do not have a market,

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they are not appropriate land uses in this neighborhood and therefore you have a significant

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change in the neighborhood and that testimony was actually seconded by the RCO the original RCO

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letter it was clear that there was no adverse impact these are single family for sale residences

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there's limited traffic that traffic report was provided in advance all deliveries and

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what not are going to be off street. This has already been reviewed and meets all of the streets

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requirements. It's a 24 foot wide dry vial. So therefore, there will be no issues with the

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private trash collection. We are actually required by code to have private trash collection. So all

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of these issues that were raised are really red herrings. There will be an implementation of a

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huge stormwater management system. There is none that exists there now and when we went door-to-door

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we found a mixed bag about whether or not the Fountain Street homes had issues. I'm going to

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object to that as hearsay. We had numerous, you know, we are not disturbing the steep slope in

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any way, shape, or form. The earth moving plan must be provided under the code only before the

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issuance of a zoning permit. We obviously know that, and we have to provide it. It is not in

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any way required before the issuance or the granting of a variance. If the board deems it

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pertinent, we are happy to take your vote and leave open the record just for the submission of

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that, you know, to the board. We are actually meeting the, even though we are attempting to

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meet the character and context of an RSA 5 neighborhood, we are, the revised plans meet

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the open space and the keeping of the green area that would be required in the RSD 3 neighborhood,

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so we get rid of that refusal. And across the board, the revised plans make, you know, have

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been presented to everybody with full knowledge and become far more code compliant in every

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respect, including the side yard setback that Ms. Alder for reference.

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alder for reference um so you know with regard to that there's there's clear hardship here

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So, you know, with regard to that, there's, there's

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uh on numerous grounds um it is not self-created we have no burden to show that the property is

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valueless unless we uh you know as um permitted by right um you know we can and you know may in

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the future build eight homes by right in accordance with the rsd3 but unfortunately you heard from our

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land planner. We heard it at CDR and you've heard it from our the applicant that that simply is not

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an appropriate use at this time because the neighborhood has changed and from the site

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photos we showed up and down the street everything else including right across the street are

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twins and new row homes. So I don't want to belabor anything else and I very much appreciate

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board's time and consideration here thank you any questions for the board no

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uh planning commission on bednar city planning this property is indicated for residential use

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on the city plan i believe the applicant is not the applicant has completed a civic design review

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committee process since that meeting the plan was revised reducing the application to 15 units

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we'd like to point out that there is no hardship for having a single family detached lot that is

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too large and thus justifying the variance for to overbuild the lots the proposal presented

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to you today would permit three units and it is five times that of the 15 units. We

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feel that the amount of vehicles associated with this project would have a negative impact to a

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16-foot wide Delmar Avenue and does not even have sidewalks nor was utility infrastructure

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design for such density. We have concerns about the impact the project will have as it cuts a fair

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amount of trees, vegetation down, and will have potential for increased erosion, siltation, storm

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water, and runoff. On the design, we feel that creating a second row of housing behind the row

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facing the street is out of character with the surrounding area as proposed as shown on the

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aerial provided by the applicant lastly this area of del mar was down so down zoned according to the

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lower northwest district plan in 2018 in an effort to reduce the negative impacts from

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development upon infrastructure and environment. We feel that 15 units isn't appropriate at this

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location and recommends that the board not approve this application as applied or as amended.

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Thank you very much. MI 2020-001-250, 209 Delmar Street. My vote is no.

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my vote is no

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my vote is no

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my vote is no

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everyone

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this concludes the

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3.30 list

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yes that's it

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any unfinished business

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have a good night

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I will send you

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a zoom invitation

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Have a good night.

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