civus
Hearing video

ZBA Hearing - December 15, 2020

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

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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