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Hearing video

ZBA Hearing - April 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 21, 20218h 28m

Okay, now we have Darwin.

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He's coming in as a panelist now.

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darwin madam chair are you with seven eight it'll be 716 north shedwick street yes that's correct

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that's okay can you put your name and address on the record and spell your last name

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once again darwin beauvais that's b-e-a-u-v-a-i-s at dealworth paxton located at 1500 market street

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suite 3500e um madam chair members you still are under oath but yes do you agree to wait the reading

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of the refusal and stipulate to its accuracy yes i do have you emailed the exhibit packet with

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proof of ownership tax compliance refusal referral photos 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 we have all of those all of those items

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madam chair hi mr brother yes thank you madam chair members of the board it's always good to

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be in front of you um and i asked the administrator if we can also identify frank rennie renner and

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omri again for this matter uh 716 north shedwood street is located between mantua

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avenue and north 35th street um just it just let me share my screen if i may

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we here are all of our exhibits as listed that we submitted to the board and i would want to start

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with the zoning map, which is 31. So, Mantua Avenue and North 35th Street, this location here,

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this is the essence of our hardship, if you will. We're in a split zone district.

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RSA-5 is controlling, and had we filed this application before the zoning change in 2017, this project would have been as of right.

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So what we're looking, this entire block consists of 21 parcels, 11 of which are currently vacant.

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Our proposal is for a three-story structure with five dwelling units.

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The units range from a little bit over 600 square feet one bedroom to over 900 square feet for two bedrooms.

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If you look at our exhibit packet for Section 15, which is 49, here are a list of permits on the block showing that the property,

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property, surrounding properties are for multifamily. That's, that is for 717, five dwelling

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units, 657. It's for multifamily, three dwelling units.

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It's for multifamily three-dwelling units, 659 three-dwelling units, 661 has had a history for a two-family dwelling, three-family dwelling units.

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There's first floor, one family, third floor, two family, 665, five family dwelling units, and 711 North 35th Street, two family dwelling units.

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And we continue 721, 3-family, 723, 2-family, 727, 2-family, 729, 3-family, and the list goes on and on and on.

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I'm trying to be brief, but I just want the board to know that we are looking at a multifamily block, and despite it being vacant.

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So here's an aerial view of what we're talking about.

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So the front half along here is zone RSA 5.

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However, our lot goes all the way across.

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So, and this, here is RM1.

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And the properties, the permits that I showed you show mostly multifamily dwellings.

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So here's another view of the area.

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So another view. Again, our lot goes across. Our lot goes across.

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us now with with that said i i i want to point out that this property this application was actually

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in front of the board back in january 22nd 2020 we had several properties in that area

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And when we met with the community, we did get support, which is at number 74.

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We did get support for this property.

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If you see here, it's 716 North Sedgwick.

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We met on January 21st at 630 at the Chosen 300 Ministries.

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uh all the members that were there for 716 Sedgwick uh seven supported four opposed the

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reason was for parking however we did they did support our zoning change for for family uh for

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multi-family at the time um here are properties of the here's photograph of the lot itself

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And this is from the other side, a picture of our posting, our most recent posting.

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and one of the reasons why we're before you today or is because we were the package that we submitted

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in january of last year was uh was supported however there was a nearby neighbor or someone

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who purported to be a nearby neighbor suggested that we that they were in opposition there was

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a question by the chair as to whether or not we should meet with this neighbor we did try we did

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agree to continue this portion we went forward with everything else and since then uh we haven't

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been able to find this neighbor we we've tried and we've we've reached out we've made we made

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overtures but we can't find this person we don't even know who this person is and so we posted the

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property again in hopes that we would get another phone call in hopes that somebody will will reach

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out and we haven't gotten that yet so with that with that said when it comes to when it comes to

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the actual hardship we're submitting that this is just a use variance we're not asking for any

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physical dimensions or anything like that the property has been blighted for a long time

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and although that it was it this was part of uh the rezoning was part of a broad

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broad omnibus remapping in Mantua, this was contemplated and it is clear by the surrounding

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omnibus remapping in mantua that this

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properties that multifamily does work here and would be consistent here. So with that,

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we can go over the floor plans. And at this time, I would ask that if Frank Brenner would be

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identified and let me just while i pull up the floor plans mr renner yes name and address please

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you've already been sworn in frank renner last name r-e-n-n-e-r my address is 829 north 29th street

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philadelphia pennsylvania uh 19130 thank you so frank can you walk us through starting from the

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basement uh yes or you know what how about we do this starting from the front door that will be

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the first floor uh the first floor is on the in the middle of the plan set there um there are uh

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As mentioned, three stories in each apartment is one apartment in the front, one apartment in the rear for each for each for each floor.

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In the basement, we have our living areas and actual bedrooms would be on the first floor.

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There is a shared rear yard, which would be where our trash would be located.

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located and um this would be and this property would also be managed by a commercial garbage

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company that would take the trash out twice a week as as the other property um and i believe

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uh mr bouvet mentioned two bedrooms we are only proposing one bedroom for each apartment

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um and uh so yeah um because there is no alley at this location we have proposed uh two-way egress

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um on the first floor here as you can see on the right uh and you would you would enter the

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the upstairs apartments from the the central the central stairway as you can see um and then the

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Yeah, the upper floors are fairly similar to each other.

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And, again, these are one-bedroom units.

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Okay.

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And with commercial trash pickup, how often will that be?

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It would be twice a week.

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Okay.

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Omri, will it be the same company that you normally use?

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I'm sorry.

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Could we acknowledge?

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i'm not sure knowledge i'm not sure that omri is here but oh okay all right

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but yes he is yes i'm here he gives me some music so

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hi sir i'm sorry can you hear me now yes yes can you put your name and address on the record

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So my name is Omri Shitrit, it is O-M-R-Y, and my last name is S-H-I-T as in Tom, R-I-T.

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Thank you. You're already sworn in.

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I already sworn in.

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Okay. So we're going to use waste management as usual.

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As of all our multifamily properties, they're going to take the trash twice a week.

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Okay. So, and with that said, I would submit to the board that this is the least amount of variance that we're looking at, right?

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You know, our proposal requests densities that currently exist there.

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It's in line with the surrounding uses.

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We will, this project will remediate the blight.

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It's been an empty lot for several years.

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And with that, we don't see any congestion to the area.

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The properties have ample access to public transportation.

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There is on-street parking.

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We don't see any impairment to light or air because we're matching the same heights of the surrounding properties.

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And with that, we believe we comply with the code.

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Again, we did meet with the community last year.

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We have their letter of support.

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This was part of a omnibus package that we submitted to the board back in

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This was part of an omnibus package that we submitted to the board back in January of last year.

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And since then, we agreed to a continuance to try to find this amorphous neighbor.

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But to no avail, we have it, and we're asking that the board continue their support of our overall project.

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Omri, are you still on the line?

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Yes, I am.

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So everything that you heard, would you adopt that as your testimony?

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Yes.

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Okay.

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Is there anything else you would like to add?

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Not at the moment.

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All right.

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So with that, we just ask the board if there's any questions.

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The three of us are here to help.

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Does the board have any questions?

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No.

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No.

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is there anyone in the virtual is there anyone in the virtual audience with questions

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yes madam chair we have a daniel jones mr jones you can um unmute yourself hi there can you hear

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me yes can you please put your name and address on the record and spell your last name sure it's

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Danielle. I'm a girl. Danielle Jones. No problem. Danielle Jones. D-A-N-Y-E-L Jones. J-O-N-E-S. 724 North Shedwick Street. I am one of the residents on this block.

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Thank you. Do you swear if I'm to tell the whole truth and nothing but the truth?

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Yes, ma'am.

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Okay, you may continue.

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So I've been living on this block for about five years now. This is a very narrow block.

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Our main opposition and there had been some other neighbors that had been on the line but had to

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jump off because of work commitments, etc. It's extremely narrow and our opposition is to the

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density that this particular unit would bring. Almost all of the homes on this block are single

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family homes. There is no multifamily on this particular block. There is something on the

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corner of Mantua, which obviously it's a larger street, bigger breadth, can handle a lot more

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volume, but our street cannot handle that. You know, I can appreciate the fact that, you know,

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that the developer owns the block or owns the lot on the opposing block. And, you know, if

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that street is wider, it's bigger, it can handle volume, this narrow street cannot handle that. We

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or five units, you know, you figure one or even two people living in each of those units,

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that is a burden on this on this block. We have had other people try to bring multifamily,

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you know, on other little sections of this street and the board has recently opposed

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those. So we are hoping that they are continuing in our favor to not move forward with this

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particular project. I was in attendance to that initial meeting and had, you know, provided

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my contact details to the developer and the representative. So I'm not sure if I was this

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person that someone couldn't find because I actively come to these meetings. I'm a part of

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this. And keeping this particular block, single family, is very important to myself and other

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neighbors that are there. We are not opposed to filling in the gaps that are on that street,

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but we want to keep it in line with what is in the space. And that is single family homes.

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thank you i i if i may you know it's it's clear i and i showed the permits for the surrounding

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area it in with all due respect it there's there's a ton of multi-family here as well on this block

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particularly if i may ask that question i i'm looking at 632 north sedgwick not my block

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i'm looking at no no interrupting please sorry sorry sorry and and what i also see

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is that there's a ton of vacancy on the on the block so i i although i appreciate

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what she's saying, but there's a ton of vacancy on that blog.

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Let me go back to the Arial Views, and I just want to compare, just

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by site, the street seems to be an average-sized street, although we can look at the site plan,

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which is 26. If we have, let me just get closer.

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it's a 30 foot right away so it it and i don't have what 35th street looks like but this is

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if if anything they could be parking on one side of the street uh if if if that's not already

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in existence. So I understand the issue about parking and that has been a common issue with a

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lot of projects requiring or allowing for density, but honestly that wasn't one of our refusals.

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again here's an aerial

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again if you see the vacancy and again this is our lot and it goes across to this entire

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block if you will okay we do have a letter from the 24th democratic ward it's a letter of support

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planning commission. Thank you, Madam Chair. Ian Hegarty for the Philadelphia City Planning

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Commission. In 2017, the zoning map was amended from RM1, blocked to a split of RM1 and RSA5.

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And this was done in accordance with recommendations from the comprehensive plan

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with the support of the community. We agree there are adjacent non-conforming uses, but we don't

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believe that the applicant's hardship claim is supported with evidence of any kind of unique

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physical circumstances or conditions of the property. It is, after all, a regular lot,

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flat lot. The provisions of the zoning code, as you know, do not constitute hardship in the

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criteria for the board nor do nearby non-conformities and nor does the condition of vacancy that is

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being cited by council here. The applicant had the option to legally subdivide into two lots which

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would allow for buy right redevelopment of multi-family uses on the 35th street side of

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the property. However this building is situated on the Shedwick street side which was intentionally

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left RSA 5 for all the reasons cited by the earlier testifier Ms. Jones and particularly

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this is not an average size street it is a narrow street it's a 30 foot wide right of

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way with a 14 foot wide cartway. So given the lack of hardship and inconsistency with

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the adopted zoning map amendment made in accord with the comprehensive plan the City Planning

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Commission recommends that the board deny this variance. And if I can just response

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because I think the Planning Commission just made my hardship argument.

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Planning is suggesting that we subdivide, right?

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That's not a requirement in order to seek an as-of-right permit.

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In order for you to get an as-of-right permit, we should subdivide.

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Our lot goes across the way, and we're in a catch-22.

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We can comply with RSA 5 here, but then we'll be non-conforming here.

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And what we're asking is that we comply with RM 1 and we can then still be able to not create as much conflict with what is already there in the neighborhood.

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So I appreciate the Planning Commission suggesting that there isn't a hardship, but his own statement said we will have to, we could subdivide in order to create a compliant project.

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So, and with respect to the street, he mentioned that the cartway is 14 feet.

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uh street uh he mentioned that the cartway is 14 feet i believe our site plan suggests that

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it's 16 feet if we can just go back to our zoning site plan um let's just go

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So, if you can see here, it's a 30-foot right-of-way with a 7-foot sidewalk on one side, a 16-foot cartway, and a 7-foot walkway on the other side.

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So, Anne, given the aerial that I just showed.

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I think we got it.

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I think we got it.

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madam vice chair yes may i um we have uh um andrew goodman that would like to put something yes yes

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mr goodman good afternoon hi name and address for the record please and spell your last name

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andrew goodman g-o-o-d-m-a-n here representing the office of third district council member jamie

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gaudier room 586 city hall okay thank you madam chair members of the board our office opposes the

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variance requested and asks the board to deny the variance for the same reasons already identified

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by near neighbors as well as the planning commission testimony um we also want to provide

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i guess a little more clarification on missed on what miss jones was referencing since applicants

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