civus
Hearing video

ZBA Hearing - May 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 19, 20215h 35m

So Exhibit F is a six-page document.

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And 327 are the first three pages.

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329 are the last three pages.

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So what I'll do is the intent is to have the basement have storage units for each of the properties.

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each of the the eight units there is a bike storage space and additional

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storage and the entry would be through the first floor and there's also a side

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entrance that in this particular plan these are the revised plans but what I

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can do is I can show you the original plans but what I would like to do is go

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down to page three which gives you the front view and it has an elevation of 42 and a half feet plus

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the two and a half uh foot and this has not changed this is the initial uh document that was

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provided to lni with the zoning use permit so it's going to continue to presently the property

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is 50 feet high it's 38 feet at its and if you can see here and i will try to expand it

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on so 327 has that we'll call a parapet or a dormer um and that peak is 50 feet high what

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they're going to do is they propose to square it off to get to the 42 foot plus the it'll actually

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be 45 feet high uh and one half inch if you can see right here at the um right below the number

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three is a 42 and six feet and a half inch plus the additional uh spacing above the roof is two

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and a half feet so if we scroll down in a similar situation is its next door and just for the uh

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Boards understanding their intent is to make it a brick front as is shown with the floor plan.

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I'm sorry, the street plan, the plot plan.

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So at 329, this is its present condition.

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and that property again will if you see it's 41 10 plus the two and a half feet will be

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slightly uh lower in terms of actual height but they they will match at the top and the architect

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can um address why the difference in height and it has to do with the the street level

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because as you can see there's a

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there's a there's a three step four steps to to get into the actual property

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and and that's at 329 so the proposal and what i'll do is i'm going to stop sharing this one

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i'm going to go to the original plans

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and just want to confirm that you're able to

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see these are the the original plans that were submitted so this one is for 329 which is

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the interior property, not the corner property. So here, as you can see, there's going to be one

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per floor. I'm sorry, two units per floor. You have four units in the front, four in the back.

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They're two-bedroom properties. They're all self-contained units as far as mechanicals,

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et cetera, are concerned. The hot water tanks, air conditioning, heating units will all be

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within each of the eight units excuse me counselor yes are you submitting a revised

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drawing sheet no no so what we're doing is we're we're going back to the original plans

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because the only reason we had a second set of plan a second and we'll call it second and third

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set of plans was to appease the rco the callow hill association they at our meeting with the rco

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uh the original meeting we had the architect was available at the second meeting the architect

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was unavailable so if you read their um and i don't know if you have a copy of their

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meeting so the answer is we're going by the original plans correct we're going by the original

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plans and the the floor plans i just showed you are the original plans and there's

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the setback required by the code eight foot setback yes we're not we don't have that correct

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No. And that's what's your hardship.

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The hardship is it just doesn't comply with the the present situation.

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The entire block is flat and down the street.

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And I was going to get to that. There are four other properties at three.

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11, 13, 15 and 17 that were approved about six years ago, seven years ago, four, 14 and 14.

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for a four-story property without a setback.

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There is no roof deck that we're requesting in this one.

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The only access to the roof is for repairs

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and none of the units will have any access to the roof.

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They will have access to the basement for storage

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and for trash disposal.

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but as far as um the the only difference here is that it's going to maintain the same

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um present uh footage square footage as far as where the building is concerned at 327 329 is

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set back a little bit it has a little bit deeper of a yard what they're going to do is is keep it

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in with the same distance as 327 as far as increase in length there will be no increase in

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width obviously it's the 18 and a half feet for 329 it's not changing the the height again

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presently it's 50 feet at its peak at the dormer and I can start and share some of the photographs

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if you give me an opportunity.

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I'm sorry.

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Actually, this is just a,

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this is exhibit I,

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which is proof of posting.

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Share screen.

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but counselor what is your trash plan trash plan is that we we actually have it we have space in

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in the basement and i'm trying to see if this is the right way so here i will

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in the basement and i'm trying to see if this is the right way so here i will i i opened i shared

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the wrong screen but here is uh the the trash plan they have storage and they're each of the units

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have a uh waste disposal if you see the wd i'm sorry that's washer dryer my fault there

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and if we can get the architect unmuted he can answer this question probably faster than I

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I can and his name is Chris Hamill and if he's not available you can ask uh for David Chang

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one more question any uh living space in the basement no thank you and if you can

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and there's david chang he can reply to your question regarding the

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mr chang can you put your name and address on the record and spell your last name david chang

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chang is c-h-a-n-g and 327 north 11th street

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thank you do you swear for him to tell the whole truth and nothing but the truth

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yes okay you may proceed so pertaining to the question about trash um in the

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original drawings we didn't have um an area dedicated to trash but in the revised drawings

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we had an area in the alleyway um that will have will service uh several trash containers where the

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tenants can you know access and leave their trash and we have a service agreement with a

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private company to you know take out the trash um and pertaining to the question regarding living

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space in the basement there's no living space in the basement it's just meant for storage for

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tenants and then for you know for landlord use for our use and by storage yeah i think that was

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asked and answered are you satisfied with those answers tom uh yes thank you thank you so i'll

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continue at exhibit m i want to bring you through the neighborhood to show you photographs of the

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actual building itself again it's going to be as you can unfortunately in this one you can't see

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the parapet as as clearly as you saw in the other one at its peak again if you can see the front of

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this building it's already over 50 feet so um or i'm sorry it's 50 feet high and it what we're

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asking for is to bring it down to i believe it was 44 and a half feet um so if you go down the

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block it's not going to be any higher than what the trestle in is and on the corner

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which is also a four-story property uh it looks like a three-story but i'll show you a better

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photograph of it again this is this is a photograph of 327 and 329 facing north on

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11th street and the smaller street what what they're going to do is remove the uh fire escapes

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and construct okay so now this is the property 12th street i'm sorry 11th street facing south

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just to the south of it is a six-story unit and if you can see a little bit further down and i'm

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going to give you a better photograph on wood street are um four four-story uh properties that

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are all squared off there's not one property that has a uh eight foot setback as as the earlier

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question um so it's not a great picture but it what it shows is uh 327's entrance and again this

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will be all new brick front instead of what is presently there again another photograph of 329

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design all new brick front where they're going to attempt to match others in the neighborhood.

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Okay and you've met with the RCO correct? You did meet with the RCO we did not get a letter

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of approval and I'll address that as soon as I'm through with these additional photographs.

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shifts um and this is wood street and right right down the block you have another project of four

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uh story properties without setbacks and again this is the properties that i was uh referring

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to earlier on the same exact block at 311, 13, 15, and 17, which are all four-story units right

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down the block without any setbacks. As a matter of fact, these properties actually have a rooftop

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deck, which is not a request of ours. So if we get to the community...

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So if we get to the community group meeting, they provided a letter, and I can put it on.

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Well, before I do that.

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Philadelphia Chinatown Development Corporation has a letter of non-opposition.

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Callahoe Neighbors Association is a letter of opposition, and Councilman Squilla has submitted a letter of opposition.

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Correct. And what I want to point out is if you look at the meeting summary form by the Callow Hill Neighborhood Association, what you have are three people who voted and opposed.

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And they're all the board members. At this meeting, there were well in excess of double digit individuals that were there.

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There was no we were asked to leave the second meeting prior to their discussion of it.

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no one voted from the community at that meeting as you can see there were people who who were

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there i don't know whether they were given an opportunity to vote we were not permitted to

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stay for the balance of it but if you actually look at their letter itself the reason for

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their refusal has zero zero to do with the two i'm sorry their opposition zero to do with the

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two refusals we're here for which are the height and the number and the change in use

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As a matter of fact, one of the discussions that they had, and I think that the word that I stated to them is twice I said it.

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I said that it's refreshing to hear from them the positive comments that they had regarding increase in volume and height.

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There's no opposition here to the height.

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There's no opposition here to the eight units.

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This is Chinatown.

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My office is right down the block from this. This is a growing neighborhood. You need to expand vertically. And that's what they're doing. They're cleaning up this neighborhood. They want to expand vertically. They want to maintain that clean, fresh look.

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I don't know why the licenses have requested a change in that eight-foot setback.

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It's a use that went in probably about 15 years ago.

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It was used for a while.

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And it just seems, I don't know, to me, it's not pleasing to the eye.

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There's nothing symmetrical about it.

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And that's what my clients have also indicated, another reason why they want to go flush and go straight up.

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All they're doing at its present height is actually cutting the top of the dormer off on this one and straightening and going up about another three or four feet maximum from its present face on what the building looks like.

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So in order to do what the code is, and this is where your hardship is, you actually have to cut into the building to lower it on that third, fourth floor in order to get that eight foot setback.

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So there is a hardship there. The hardship with the number of units is the fact that this is presently, it's a non-conforming use right now.

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the neighborhood itself has become significantly more residential to cut into what is presently

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there in terms of that there are six residential units there what all we're asking for is that

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top floor to be squared off and add the other two units and then there's going to be interior

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changes on the floors, whether it's lowered or heightened in certain areas because of

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the unleveled interior portion of the property. So it makes it a lot cleaner look. It beautifies

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the neighborhood. It prevents them from having to cut into the front facade of this building,

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which again is in excess of already in excess of the 38 feet we're not asking what we're asking for

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for this panel to um grant the variance to go up to that 44 and a half foot height

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to straighten it out to not require the eight foot setback to permit them to use to have eight

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units it's it's such a deep property they are uh it's 97 foot deep so it's large enough to

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hold two bedrooms per unit additionally and i will attempt to share this

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i wanted and i don't know if you need for me to share it or if you have a copy of the

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And I don't know if you need for me to share it or if you have a copy of the 14 associations and the 65 individuals who signed petitions in support of this project.

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Do you want me to share it also to show you or are you already in possession of it?

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Whatever you have, can you share it?

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Sure.

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Please.

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Absolutely.

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madam chairman chairwoman this is the court reporter may i ask for just a 10 second pause

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i have a low battery situation i just need to address oh sure one second please pardon the

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interruption.

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Thank you.

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Thank you.

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please pardon the interruption thank you thank you thank you welcome back sure okay as i stated um

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at exhibit l there are

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14 associations that have signed petitions on behalf of both projects

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in support of both projects as well as 65 individuals the greater philadelphia chinese

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restaurant association there are 24 pages here total so basically there are 12 for 327 and 12

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for 329 i'm not going to repeat it but i'm going to go through it um again sign the greater

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philadelphia fujian association uh is also in support um the philadelphia houyu chinese

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american association at 1234 wood street right around the corner is in support of this project

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and a similar association in the same building the American Hoyu Folk Cultural Center is also

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in support of both projects now there are also and I'm going to scroll down to the the actual

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again at pages 5 and 6 are the 10 associations that have also signed now you have pages 7 8

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9 10 11 and 12 are 65 other individuals all within the affected area for example even if

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you look at at 1018 winter street a few doors away from me uh someone uh harry long signed on behalf

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all of these properties 1100 vine street right at the corner of the property at the uh project

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all of these different individuals there's 65 different individuals that have signed on both

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properties all within that area and what i'll do is i'll continue to just to scroll down to

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show you those individuals those and now once you get through um those 12 pages you come across

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the next property which is 327 so you have a copy in essence of

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uh those signed both on behalf of 327 and 329 so you have 12 pages um 65 individuals 14 associations

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65 individuals, 14 associations, all in support of this project.

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all in support.

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You have three individuals at the Callow Hill Associate who opposed it,

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who didn't even allow the people in the audience on the Zoom call to vote on this.

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And what was their letter?

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it had nothing to do with the two refusals which are height and use the number of units

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so what i'm asking is the councilman also has submitted a letter of opposition he did but

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and i don't i don't understand all he did was uh and and he did more than just submit the letter he

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also added the language that um the adjoining community group approved it so and as much as

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this was the coordinating group the other community group is less than a block away

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from this project or less than a block and a half away because i've had uh quite a few rco meetings

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at um pcdc um and they're in they're actually a larger rco than this one this is a newer rco

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the pcdc i don't know why they didn't get selected as the original group we have three people who

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don't like this but you know what they don't like it they weren't selected pardon me they weren't

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selected as i understand i understand but they but they there was a joint meeting they attended

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the meeting they approved they support this they they went out of their way to write a letter in

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support of this project what what i'm going to tell you my feeling here is that they knocked

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our presentation because unfortunately our architect was ill that evening and was unable

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to respond to a few questions and again the questions that they had were all interior non

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it had zero to do with the refusal and the reasons for for this uh request for a variance

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it had to do with with um excuse me the dual the dual uh whether one of the board members

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is trying to speak i'm sorry is there any code violations on the building no thank you sure

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So, again, I just ask that you vote in favor of the variants to permit them to clean up the present property, reconstruct it, square it off, make it clean with respect to the balance of that street.

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