civus
Hearing video

ZBA Hearing - May 6, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 6, 20267h 28m

street uh and again this also shows the timely posted zoning posters the second image here is

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looking a little bit further uh down on north phillip street the property is basically to the

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right of the photo and you can see here basically half of the block on north phillips street a

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little bit further way down is uh residential and then the other half facing american street

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is dominantly industrial commercial this is a view of the property from diamond street where

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again you'll see that auto repair and window tint business that is directly next to this property

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and i believe was recently renovated looking in the opposite direction of the property there are

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a few mixed residential commercial structures as well as a new multi-family just off of north

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second street just off of diamond and then again this next image is looking east on diamond street

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where again you can see the fairly clear lack of dominant single-family character in this particular

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area. And then looking west on Diamond Street, this is directly next to the property, where again

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you can see the large commercial child care center next door, and then across the street is where

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that office building is, I believe, under construction. And then this is the zoning

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posters that were posted on Diamond Street. So the zoning plans are shown at Exhibit 9, which again

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is identical to that which was approved and permitted in 2020. The proposal itself calls

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for the erection of a four-story structure to be used as a multifamily dwelling with eight dwelling

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units. The structure itself meets all of the dimensional requirements of the code.

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And if I zoom in on the zoning plans, although a nine-foot rear yard is required, you can see here

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that the structure itself will actually be set back 12 feet from the next adjacent

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lot on north phillips street which happens to be a vacant city-owned lot

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the floor plans are included at exhibit 10. overall there are eight units each over a thousand

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square feet the cellar level includes bike storage trash storage mechanical and tenant storage

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The two first floor units also have a small flexible living space on that lower level as well.

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All of the units themselves have ample living space in unit laundry and in unit trash closets in addition to that trash storage area in the cellar level as well.

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Commercial trash pickup will be required for this building.

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as i mentioned logan dry is here and he can explain the floor plans in any additional detail

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that the board requires but the units themselves you can see are all fairly uniform in size and

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layout we did also include a rendering of the building at exhibit 11. now as i mentioned in

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In 2020, the project itself was reviewed and granted relief based on two refusals at the

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time.

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This time, under current restrictions, the application only received one refusal for

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the proposed multifamily use.

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You can see in 2020, the refusals were for density and lack of commercial, and now the

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and lack of commercial and now the refusal is just for the proposed multi-family

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refusal is just for the proposed

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we submit that the board can consider several hardships granting authorizing grant of relief

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of this request first just basically starting with the history of the property any remaining

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structures on this particular lot were seemingly demolished sometime back in the 60s and it has

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remained entirely vacant since then furthermore as i've shown at exhibit 12 and i'll bring up the

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zoning plan here this exact project was reviewed and approved by the board and granted variances

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based on the refusal that i showed a few minutes ago that request was pursued by a prior owner of

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the property my client now is the new owner of the property who is just looking to re-entitle

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this identical project unfortunately not only did the zoning of the property itself change

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but it became even more restrictive and entirely out of character with the context of this

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particular section of diamond street the property itself suffered unique hardships in terms of

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density back in 2020 and although the commercial use itself is no longer required the hardships

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preventing development of single-family dwellings remain.

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As you can see on Exhibit 6, let me zoom back out on this.

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The uses of surrounding properties here would foreclose the development of unsubsidized single-family homes on this particular lot,

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which was actually consolidated under former ownership.

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most of the surrounding uses of properties facing diamond street are either industrial

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automotive or are substantially sized commercial developments on parcels like the one across the

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street that are significantly larger furthermore there are multitude of existing and multi-family

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developments just even in this view alone development supporting 13 units 18 units

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And if I happen to zoom out more, there would be even more orange dots up and down North Phillip Street and North 2nd Street, indicating the presence of multifamily dwellings.

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I did include a full list of nearby multifamily and their densities in the memo of law at Exhibit 13.

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we do submit this as the least minimum variance as no dimensional variances are necessary and

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is completely identical to the development that was previously approved on this lot

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just by way of comparison if this lot was zoned rm1 the eight proposed units would actually be

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permitted by right here so it is perfectly comparable to the rm1 densities that surround

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the property the layout itself also supports the finding with eight well appointed units that are

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that are quite large we also submit this will not increase congestion given the character of this

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area and the transit oriented nature of this particular development it will not impair light

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and air or negatively impact surrounding properties nor will it place any undue burden on facilities

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utilities or cause any environmental damage pollution or erosion we submit that the

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the variance complies in full with section 14303 of the code and again is further detailed in the

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memo of law just one final note when the board heard this case in 2020 it received a letter of

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opposition from the community this time around the developer was able to work with the community to

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execute a cba of mutually acceptable terms and we're very happy to say that the community was

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supportive of the project this time around uh so i'm happy to bring my client on adopt my testimony

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and answer any questions who's your client dan hirsch out okay

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Good morning, Mr. Chair. This is Jason Hand. I'm stepping in temporarily. Dan Herschel has

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been promoted. They'll be coming back in shortly. Dan, could you please state your

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name and spell for the stenographer? Let's be back in shortly. Sure.

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hey hello everyone thank you meredith please please state your name and spell it for the

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stenographer surely yeah dan hershout d-a-n last name h-i-r-s-h-o-u-t

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Sure, Leah. Dan Hirschhout, D-A-N, last name H-I-R-S-H-O-U-T.

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

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Yes.

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Counsel?

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Dan, can you confirm you have authority to speak on behalf of SAV Investments, LLC?

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Yes.

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And you've been present and heard all the testimony and evidence that I offered in front of the board today?

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Yes.

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Do you agree that testimony was true and accurate, and would you adopt it as if you had provided it to the board yourself?

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yes happy to answer questions from the board yeah question how's how are you dealing with mail and

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deliveries dan are you able to address that question well there's going to be a um obviously

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there'll be an interior uh mailbox but maybe i would defer to our architect to give you a more

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exact uh location of the mailboxes in the process and and how yeah so and of course folks are getting

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a lot of uh amazon deliveries so box areas for boxes and how does it work and if you can show

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that on the plan how do you do are we dealing with that where's the architect yeah logan dry please

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i don't i don't see on anything on this first floor that shows

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a mail room or we're somewhere to place boxes or

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or anything there is a long corridor yeah while we're waiting for logan i mean i think

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i think just even logan in the audience do you do you see him if logan drives in the audience

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to come back in as a panelist now ah there he is logan could you please state your name is

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spelled for the stenographer sure logan dry l-o-g-a-n-d-r-y you swear affirm to tell the

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truth the whole truth nothing but the truth i do counsel okay logan you heard uh board members

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question concerning uh mail on the first floor can you confirm that just given the size uh of

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these units and the first floor layout that there would be ample space to add a uh a designated mail

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area yeah i mean you know right now that staircase off of um phillips street has a has a corridor

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that's separated from the staircase but um if we needed to uh do like a separate designated

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area we could always bump a small space either off of that corridor to enlarge it where they

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could possibly fit you know something more suited for packages or in unit two we could bump into

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that space as well to make a dedicated package space there's plenty of room on the first floor

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to add that if that was yeah because right now right now your hallway appears to be probably

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four feet maybe four and a half feet so you know yeah we could we could we could get another two

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feet or so and then easily get you know a more dedicated like package or mailbox counter um the

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back corridor that goes into the yard is a little bit tighter but i would probably do it off of

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phillips street just because um it's probably the most realistic place that we're going to meet the

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usps standards for packages and mailboxes that sort of thing when it's inside but

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and the trash you have commercial trash pickup and everybody has access to the trash room and

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the basement right yep other questions is the thought that the tenants are going to walk down

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the four flights of stairs for those that are living on the fourth floor to dispose of their

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trash in the basement or is the management company planning to manage trash at each

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for for the building logan or dan are you able to address that question

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well yeah i was going to say physically yes they go down the stairs unless you know dan has

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a management company that comes around and collects it from each unit um i'm not sure on

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that arrangement but yeah physically you'd have to go down the stairs whether it's the tenants or

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um you know management but maybe dan can speak a little bit more to how he manages the properties

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and trash and stuff like that when it's commercial pickup yeah absolutely i mean we're going to plan

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to be through there basically and even on a daily basis to keep the premises clean so we can arrange

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something you know that's uh that'll be you know win-win for everybody involved most importantly

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not to put someone out of uh you know the physicality of going up and down before eight

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eight flights of steps so that certainly can be worked into the property management agreements

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and we already do this at a number of other properties where we even have like a valet service

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how many of your other properties are fourth floor walk-ups uh there's two others two others okay so

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you do have experience with this yeah and are they a similar number of units in the building

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in the building basically you know nice roomy uh you know layouts okay other questions questions

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Basically, you know, nice roomy, you know, layouts.

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Okay.

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from our attorney not at this time mr chair questions or comments from the virtual audience

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i do not see any hands mr chair planning commission give me that michael gall with

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the philadelphia city planning commission the comprehensive plan recommends no change

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to the previous cmx2 commercial mixed-use zoning at this location in 2021 in a council

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support its community remapping this property was remapped to rsa 5 residential single family

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attached under the previous cmx2 base zoning six residential units would be allowed here by right

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therefore the city planning commission recommends the board grant the proposed variants for

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multi-family use but at a recommended proviso with a maximum of six residential units

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and by 2025 0 0 7 0 1 0 1 5 203 to 09 diamond street i vote yes michael johns my vote is yes

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sarah gaston my vote is yes it's another graham my vote is yes i went my vote is yes

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thank you thanks guys thank you all right thank you okay yeah so next one is mi 2025

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95-007-019-432, East Gerrard Avenue.

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Michael Agnell is the attorney.

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There's a letter of support from Fishtown Neighbors,

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unanimous support from Fishtown Kensington Business,

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and no opposition from Council Member Squillin.

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Sir, could you please, by the way, we're sorry you're the last one.

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Oh, I'm glad you fit.

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You know, I mean, you know, could you please state your name and spell for this stenographer?

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Yeah. Hi, my name is Michael Eggnall, M-I-C-H-A-E-L, last name E-G-N-A-L.

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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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And could you identify your client in relationship to the property?

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Right. My clients are the owners of the LLC that owns the property. I'm going to make sure that they're here.

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But Nestor and Edison should be okay in there, and also Michelle Kashuk from parallel architecture is also planning to join us.

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Okay, so why don't we, why don't the or vice chair has a few questions for you.

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Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing?

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We have, and do you waive the reading of the refusal and stipulate to its accuracy?

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We do. Okay, thank you. You can see your screen and proceed.

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Thank you.

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so 432 and 434 east gerard avenue are two adjacent masonry structures at the corner of

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east gerard avenue and earl street that you see there they're currently two separate tax parcels

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and part of this application is combining the two into a single property and that that generated the

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refusals in addition to i'm coming to the side here filling in the second and third stories with

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additions within the existing footprint also generated the refusals we received a referral

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for a special exception because the restaurant use requires a special exception within the nca overlay

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I didn't want to switch so that's the existing condition to give you a sense of the streetscape we're directly adjacent to another restaurant, which is our only neighbor.

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I want to show you that there.

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here. So the full screen. Can you see this? Okay. So the, I'm showing you, you saw the existing

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condition the rendering is the we're maintaining the existing structure and we're planning to

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let's see

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there we go the plan is to fill in an addition within the existing footprint at the second and

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third stories, and that would be residential use. The two buildings will be combined across the

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first floor, and that will be a restaurant. The owners of the building already own and operate

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a restaurant in Philadelphia, and they're similarly going to bring the same use here

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that they already are successful with elsewhere. The community and the business improvement district

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were supportive of this because these are seasoned operators. They're restoring an existing building.

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seasoned operators, they're restoring an existing building, they're bringing back retail activity at

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They're bringing back retail activity.

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the ground level, and they've given consideration for handicap access, trash management, and they're

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planning to operate a family-friendly business that won't have late business hours, and yeah,

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that resonated with the community. So at that point, I'd like to invite Michelle Keshek, if she's

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here to um speak to the the design itself okay why don't we why don't we um yep

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they are coming back in as a panelist right now

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hello hi could you please state your name as bellford's photographer

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Yes, Michelle Kleshek, M-I-C-H-E-L-L-E, Kleshek, K-L-E-S-C-H-I-C-K.

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Thank you.

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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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Counsel?

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Yeah.

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Michelle, why don't you take us through the layout and, you know, speak to the life safety things and, you know, just to the layout of the restaurant in general?

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Okay. Yeah, so you did a pretty good job of explaining the, you know, the overall concept of the building.

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We do have the openings in the first floor allow flow between the two sides.

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We've raised the floor in a portion of the building because the two buildings are a different level on the first floor.

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So we wanted to make sure that we had seating that was accessible since we were going to take the time to put the ramp in there.

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um so we raised the floor and a portion of the fourth floor so you can come in and then

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you know navigate throughout the public space of the building on the first floor

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um in the back of the house we have the trash area and the storage area and then um access

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