civus
Hearing video

ZBA Hearing - December 15, 2020

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

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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