civus
Hearing video

ZBA Hearing - January 18, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 18, 20236h 45m

no mr chairman no mr chairman questions or comments from the virtual audience

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i see no hands chair planning commission thank you chair bergman david fecto with the city planning

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commission the comprehensive plan recommends no change to the residential single family zoning

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at this location the applicant has failed to show that a hardship exists that would prevent them

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from deriving value from the home without the variance for visitor accommodation the city

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planning commission recommends that the board deny the use of variants so mi2022-005-310-531

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turner street i vote yes with proviso temporary variance expires 2-1-26 thomas holloman my vote

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is yes with proviso james snell my vote is yes with proviso ishmael shaheed my vote is yes with

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provisals. Thank you. Thank you. Thank you. Appreciate it. All right. Number 10, MI 2022-005-337-2226

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North Reece Street. Henry Clinton is the attorney. Letter of support from Nara Square Civic Association.

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Mr. Clinton is coming back in as a panelist.

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good afternoon mr chairman

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henry you've already just state your name for the record you've already been sworn

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sure henry clinton c-l-i-n-t-o-n could you identify your client and the relationship to

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the property sure joe ativan a-t-a-v-e-n he's the principal of the applicant and he's on the call

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Okay, and our vice chair has just a few questions.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Thank you.

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Have you emailed all the required documents five days in advance to this hearing?

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Yes.

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Thank you.

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Please proceed and share your screen.

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Is that visible, Mr. Chairman?

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Yes, it is.

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All right.

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Good afternoon, Mr. Chairman, member of the board, Henry Clinton for Philadelphia Developments,

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LLC, principal of which is Joseph Ativan, who is on the call.

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This is my presentation package, which contains table of contents AA to A11, which I ask to

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be admitted into evidence.

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and you'll see at the end of the presentation that I've been in before the board over the last

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two years for the same request with regard to other properties already on the street

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appearance statement this is the refusal the refusal is we're asking for a two-family dwelling

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in an RSA 5 zoning district that's the main use variance request and then there's a dimensional

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issue. We don't have any issues with rear yard depth or height, but there is a 5%

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de minimis issue with regard to the open space area. We do have an RC.

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an issue with regard to the open space area.

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We do have an RCO letter of support

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with certain requests that my client has agreed to.

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We're gonna provide child safety windows,

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no compressed wood or rust corrosive siding.

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We will attempt to hire local within the community

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and we will prevent any damage to the adjacent property

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if necessary and we've given our contact information

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to the RCO.

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So we have a full support of 3 and full support of 10 with the conditions as referenced in the RCO's letter.

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These are the photographs of the block.

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You can see there's many vacant properties on the street.

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And I've listed the other addresses where we've been before the board and asked for two family dwellings on the block.

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And I believe that this block in this area has been recently remapped.

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And it's now, the request for two-family will be consistent with that remapping, but I think the Planning Commission will address that.

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This is the notices that we placed on the front of the property.

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This is the site plan, again, indicating an ample rear yard, although we do have a 5% variance issue with regard to the open space.

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Floor plan, basement or first floor would be one unit.

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Second and third floor would be another unit.

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The first floor and basement has one bedroom.

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The second unit has two bedrooms, both of which are located on the third floor.

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And there is access to rooftop deck so that both occupants, the first floor and basement, will have access to the rear yard.

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And the second and third floor will have access to a rooftop deck.

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consistent with other properties on the block to try to maintain a red brick look,

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large windows, metal siding on the front. That is not corrosive, but it is metal siding.

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So again, Mr. Chairman, it's a pretty straightforward presentation. The rest of

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the documents are your standard documents we usually present to the board, tax certification,

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appeal zoning map

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indicating an RSA-5, but again, I believe the remapping

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is going to be multifamily deed, and then

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I want it to at least run by the board the prior

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properties where we do have zoning

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permits for 2214

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to a family dwelling

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22-25, two-family dwelling, 22-33, 22-37, all two-family dwellings that have been all

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approved within the last year, year and a half.

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Do you have your client to adopt your testimony?

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Yes.

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Mr. Atavani, are you on the call?

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Joe, can you unmute yourself?

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Hi, could you state your name, please, and spell for the court reporter?

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Yes, the Joe, J-O-E, Ataseven, A-T-A-S-E-V-E-N.

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Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do, sir.

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Proceed, counsel.

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Mr. Ataseven, were you on the call when I presented your project?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own, and as true and correct?

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Yes.

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thank you thank you mr chairman questions from the board no mr chairman no mr chairman

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questions or comments from the virtual audience chair we have slong folks

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mr folks you've already been sworn just state your name please

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slong folks office of council member ketsi lazada in 316 city hall uh the applicant having met with

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the community rco uh coordinating rco and receiving a letter of support the council member supports

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this uh famous request thank you thank you mr folks uh anyone else in the virtual audience

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i see no hands chair any commission thank you chair bergman david fechta with the city planning

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commission mr chairman and members of the board in 2022 these properties were rezoned from

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residential single family to residential multifamily in accord with the comprehensive plan the proposed

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use conforms to the newly enacted zoning district and so the city planning commission recommends

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that the board grant the proposed variances thank you mi2022-005-337-2226 north 3 street i vote yes

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2226 North 3 Street, I vote yes.

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thomas halliman

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Counsel.

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Thank you, Mr. Chairman. Have a great day, everyone.

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Thank you. Is there anyone in the virtual audience whose case has not been called on the 2 p.m. list?

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I see no handshare.

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And so we're going to take a five-minute break, let Mr. Kelly get re-situated there,

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and then we'll come back and we'll move the list as quick as we can.

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Thank you.

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Thank you, Chair.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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i am back thank you chairman hey mr kelly thank you lakeisha how are we looking

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we're looking good chair i i'm ready to start anytime you are yes you can begin okay good

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afternoon my name is bill bergman and i will be chairing this afternoon's eba hearing with me is

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Ismael Shahid, our Vice Chair.

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Present, Mr. Chairman.

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Thomas Holliman, our Board Member.

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Present, Mr. Chairman.

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James Snell, our Board Member.

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Present, Mr. Chairman.

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Also here is our Board Attorney, Hillary Emerson, and our ZBA Hearing Supervisor, Lakeisha Dandy.

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Before we begin, here's our virtual format.

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Be advised that proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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A video will be available by contacting TanyaSunkett at philo.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating in my phone, if you wish to testify, press star 9 to raise your hand, star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address for the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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Any comments should be directed to our Executive Director, Tanya Sunkett.

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Are there any requests for continuances on the 330 list?

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I see no handshare.

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Thank you.

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We do have a case that we do not have exhibits for.

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MI 2022-004-623-2143 North 32nd Street.

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Kendra Newman is the applicant.

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No exhibits, first listing.

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I see no handshare.

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So MI 2022-004-623-2143 North 32nd Street, that case is continued.

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We're going to start, we're going to go out a little out of order here.

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Number five first, please.

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MI 2022-003-295-230 East Ringhurst Street.

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Matthew Monroe is the attorney.

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Let's see here.

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Letter of opposition from the coordinating RCO, Wakefield 49ers.

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Letter of opposition from the affected RCO, Solo Germantown.

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Both attached.

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Good afternoon, Chairman and members of the board.

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Mr. Monroe, could you state your name, please, and spell for the court reporter?

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Sure. Matthew Monroe, M-A-T-T-H-E-W-M-O-N-R-O-E, 30 South 15th Street, 15th Ward.

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Could you do me a favor? Could you just get a little closer or take your volume up, please?

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Sure. I'll do my best.

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Thank you.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you identify your client and relationship to the property?

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Yes, Marilyn Clark, who is on the Zoom call and is also the principal with the...

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Okay. Our vice chair has a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Have you emailed all the exhibits and documents into our offices within five days of this hearing?

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yes with the exception of a petition which we sent by email today to supplement

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okay uh please proceed and share your screen

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excuse me mr chair sorry this is hillary um mr monroe do you were you able to obtain proof of

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posting or has someone that's able to testify that the property is posted to today's hearing

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Yes, Ms. Emerson, and I will just go ahead and scroll down.

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Yes, Ms. Emerson, and I will just go ahead and scroll down.

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The property was originally posted in advance of the prior meeting, as shown in the photographs.

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I spoke with Mr. Mulvihill, and he confirmed that his office did, in fact, repost the property.

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Unfortunately, the photographs he took were on a phone that is now missing while he was out on medical leave.

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All right, thank you.

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So, Chairman Bergman, this is an application to turn the property at 230 East Springhurst

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into a dedicated electric charging station.

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As the chair knows and as the board knows, the city of Philadelphia has what's called the Clean Fleet Plan, which seeks to focus on turning the city's vehicles to electric vehicles and converting that into having cleaner energy and better, you know, for electric vehicles.

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In this case, my client purchased an electric vehicle, but she got really interested in the fact that there's not much infrastructure to support electric vehicles in the city.

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And so she is by profession a real estate agent, but is seeking to expand the availability and affordability of charging stations for folks in the city who don't have it.

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well. I understand that there was an opposition letter from the RCO. Ms. Clark did, after the

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meeting, have an opportunity to walk the block within, and she spoke only with near neighbors.

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We submitted a petition with 30 signatures, which I would ask that the board consider, and

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two of the members, or two of the folks who signed in support of this project, all of whom

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live nearby, both have electric vehicles and said that they would be thrilled to have this

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type of infrastructure nearby. The property is zoned as RM1, which means that as of right,

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Ms. Clark could build a multifamily development there, and that would require no parking under

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the zoning code. So there would be a net benefit insofar as taking some electric vehicles off the

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street uh with this uh dedicated parking space and allowing them to charge um would have a better

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benefit to the community that's you know fighting for parking spaces for on street parking like we

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all are all over the city uh there would be a net benefit to them uh and there would be an

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opportunity for folks who live nearby with electric vehicles to to charge at the station um

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Here you can see the plan. It's a simple plan that just shows, you know, the turning radius of the vehicles, layout, you know, how vehicles would enter the property from East Pringhurst.

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