civus
Hearing video

ZBA Hearing - December 15, 2020

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

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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