civus
Hearing video

ZBA Hearing - October 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20213h 14m

sworn in. Please identify yourself and the vice chair will have questions for you.

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Sure. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600,

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Philadelphia PA 19103. Ms. Denary. Hi, Rachel. Do you agree to waive the reading of the refusal

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and stipulate to its accuracy? Yes. Have you emailed the exhibit packet with proof of ownership,

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tax compliance, refusal or referral, photos and or plans of the property five days in advance of

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this hearing and have you met with the RCO and do you have a letter? Yes. You may proceed.

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Okay, so this is 250 South 11th Street. As you can see from the refusal, this project

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proposes the erection of a roof deck and roof deck access structure above an existing third

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floor as part of an existing attached structure, uses for prepared food shop and takeout restaurant

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and sit-down restaurant at first floor and multifamily household living for four dwelling

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units from a second floor through the third floors. Basically, this property zone, CMX

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One, it is the only mid-block street-to-street property, and most of the refusals were generated

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because CMX 1 requires that the property take on the most restrictive residential classification

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in this case, which is RSA 5.

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At this property bin, one or two properties over, we probably wouldn't have generated

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most refusals. And I think that CMX-1 sometimes does not contemplate size or shape of buildings.

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Again, this is a large street-to-street property proposing four dwelling units and use as

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take-out restaurant, sit-down restaurant, and prepared food shop. Most of the properties

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directly adjacent are also CMX-1 and have similar uses and have obtained variances for similar uses.

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So our proposal is not out of character with their surrounding block or the adjacent properties of similar size or not similar size, smaller, but similar use.

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So as you can see on the screen, this is our property. It's this large street to street parcel in the middle of 11th Street.

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And as you can see, it's just directly adjacent by one property to RSA 5, although our property is, again, the largest and the only mid block street to street.

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although our property is, again, the largest and the only mid-block street-to-street property.

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As you can see, it's an existing structure, takes up almost 100% lot coverage,

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and if we were required to utilize the CMX1 standards, we'd be limited significantly on a

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viable ground floor commercial use, so not only that, we'd only be permitted one dwelling unit

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above in a 2,000-square-foot building, or over 2,000-square-foot, the land's 2,000-square-feet.

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As you can see, this is the building. It's quite large and quite wide, and it's nicely set up to

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have a commercial use on the ground floor, which is what we're proposing. Additionally, as you can

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see, there's other directly adjacent food-related restaurants next door, despite RSA 5 or CMX 1

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zoning classifications. I'm going to go down to we met with the Washington Square West Civic

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Association on August 24th and also had subsequent meetings with them and the near neighbors and we

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have a letter of non-opposition with provisos that we are happy to enter into and also have

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a letter of non-opposition from the directly adjacent neighbors. The provisos we agreed to

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is that the ground floor shall be limited to no smoke producing cooking. We are planning to have

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a bubble tea shop, so that was fine. The roof deck and pilot house should be located as per

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the revised plans to be submitted today. I believe after I'm through our architect, Jonathan Brough,

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we'll go through the plans and provided revised plans to the board. No venting on the Jessup

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Street side of the property nor onto any neighbor's property. Accepted emergency is no ingress,

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egress or access of any kind for tenants through any door located on jessup street all ingress

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egress or access of any kind to the apartments and the property is from 11th street side and

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none of the four apartments shall be used or sublet by any tenant as an airbnb or similar

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service or a short-term rental and then a proviso about trash that all commercial and residential

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trash is stored in covered receptacles with all containers stored in the interior of the building

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and taken out through the building onto the 11th street side to be emptied there's no trash or

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recycling to be placed on Jessup Street and the owner should keep it out of public view and no

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time shall trash be placed on Jessup Street side of the proposed building sidewalk. We have our

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certificate of mailing and I have the memo of law which is included in the packet but I won't go

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into. I'm happy to take questions or if I can bring on Jonathan Brough to go through the plans

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for the project um that would be great let's bring on jonathan okay let's bring him on

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jonathan if you can raise your hand rose been allowed to speak

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good afternoon sir please spell your full name for the record so i'll swear you in uh can you

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me yes okay my name is jonathan bro the jkp architects address is 1043 lombard street

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you spell your name please oh that's b-r-o-h excuse me you swear or affirm to tell the truth

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the whole truth nothing but the truth i do thank you miss pritzker uh jonathan are you able to

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share your screen and just go through the plans yes and just one thing for the record um i'm an

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architect at JKRP Architects. I am also the chair of the Zoning Committee of the Washington Square

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West Civic Association. I recused myself from the Washington Square Civic Association and had no

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part of that discussion from that point of view, so I just wanted that entered into record.

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Jonathan, could you hold one moment? Yes. Could we promote him to panelists, please,

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so he can share his screen? Thank you kindly. At once. And Jonathan, if you can just slow down

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a little bit that would be helpful here you might want to repeat that he was in between coming in

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and coming going out and coming back in here okay okay can you hear me now is this better

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mr bro yeah we can hear you just if you can slow it slow down

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a little bit helpful i will do that sorry about that no no it's for the court reporter's benefit

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Okay. If everyone can see my screen, these are the floor plans for the building.

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To the left is 11th Street. On the ground floor, you can see the proposed retail space, which has trash storage along the rear.

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On the right side is Jessup Street. There will be stairs off the lobby off of 11th Street, which gets you to the second floor.

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Along the second floor, there will be two one-bedroom units.

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From there, it continues up to the third floor,

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where there will be an additional two one-bedroom units.

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where there'll be an additional two one bedroom units there's small trash storage

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There is small trash storage.

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for the residences on each floor plan you then continue up to the roof level at the roof level

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i'm going to enter from a pilot house entering on the east side of the pilot house there is a

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roof deck 10 feet off of 11th street um per discussions with the neighbors this roof deck

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will have a six foot high fence with sound attenuation or acoustic padding on the south

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and west sides to help attenuate sound for the near neighbors and uh this plan as shown right

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here is identical in dimensions to the zoning plan i can zoom in right here which was resubmitted

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yesterday thank you and is it uh two pages uh revised plans jonathan are there two pages of

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architectural plans the zoning plan is only a single sheet one page yeah one page okay okay

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any questions from the board no mr chair no no uh rachel do you want to have your

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client about your testimony uh yes please if there is a uh tommy chan or christina chan um they're

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the owners. Yes. Yes, sir. Please spell your full name. Thomas Chan, T-H-O-M-A-S-C-H-A-N.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth? Yes. Thank you.

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Ms. Pritzker? Tom, have you heard my statements today in front of the board? Do you believe them

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to be true and accurate and do you adopt them as your own yes thank you thank you anyone else

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to testify in this case if so please raise your hand harry cook has his hand raised i

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will allow him to speak at this time sir thank you mr cook good afternoon mr chair i swear you in

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Harry Cook, H-A-R-R-Y-C-O-O-K, Anastasio Law, on behalf of the Near Neighbors Coalition.

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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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Thank you. Please proceed.

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I just want to confirm with Mr. Burrow that the plans presented today are substantively identical to the plans that are annexed in the Near Neighbors Agreement.

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they appear to be, I just want to get confirmation on the record.

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Yeah, that is absolutely correct.

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The zoning plan has no difference.

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And the roof plan was only modified so the dimensions of the architectural features on this roof plan match the architectural features on the zoning plan.

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So they are substitutively the same.

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Thank you.

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No further questions.

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Thank you.

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Anyone else to testify in this case?

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no further hands sir thank you planning commission good afternoon mr chairman board members david

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effecto city planning commission the comprehensive plan recommends no change in the single family

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and commercial oh wait i'm sorry let me revise that the comprehensive plan recommends no change

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in the commercial mixed use zoning at this block there are multiple prepared food restaurants on

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this block the unit count is limited for this parcel because it abuts a single family zoning

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district however multi-family use is consistent with development on the block we recommend that

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the board approve the requested variances thank you mi 2021-002 653 250 south 11th street

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my vote is yes with the proviso revised plan one page approved today

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Harold Tenere, my word is yes, provisor.

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Professor Plaza, yes, with provisor.

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James Snell, yes, with provisor.

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Thomas Holloman, yes, with provisor.

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Thank you.

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I believe there's a combined case 6 and 7, MI 2021-002-645, 2600 Reed Street, R-E-E-D Street,

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and MI 2021-002-822-2602-3D Street.

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Mr. Nockamson is the attorney of record.

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Grace Ferry Community Council sent a letter of support.

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So is it Mr. Nockamson or is Ms. Amazon?

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Ms. Amazon, sir.

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She will be the analyst.

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Okay.

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So Ms. Amazon, I'm not sure if you were on earlier today.

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So, Ms. Amazon, I'm not sure if you were on earlier today.

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Please identify yourself.

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Please identify yourself, and I'll swear you in.

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Good afternoon, Chairman of Comente Amazon, C-L-E-M-E-M-T-A.

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Last name is A-M-A-Z-A-N, 123, 123 South Far Street, Suite 1600, 19109.

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I got ahead of myself.

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I'm sorry.

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You swear if I'm going to tell the truth, the whole truth, nothing but the truth?

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I do.

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And I assume you want to combine these cases, correct?

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I would like to do them both at once.

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Thank you.

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Ms. Tenere has questions for you.

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Hi.

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

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and plans of the property five days in advance of this hearing?

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And have you met with the RCO and do you have letters for both?

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Yes, and we have a lot of support for both properties.

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Thank you. That's reflected here, too.

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You may create.

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Thank you.

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Can everyone see my screen?

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Yes.

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Perfect.

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So I will be presenting 2600 and 2602 Reed Street.

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They are two separate lots.

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One property is zoned as CMX1, specifically 2600 Reed Street,

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and 2602 Street is zoned as RSA 5. We have the same request for both properties. We are simply

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looking to have a duplex in each lot. We met with the community on September 30th. They indicated

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that they were in support of this project. They do think that it's inappropriate to have commercial

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use on this block. It is a fully residential block. They want to maintain that fully residential feel,

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so we're really creating a design that's in line with the community's needs. I will go through the

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notices of refusal.

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Again, we do have a letter of support

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from Grace Ferry Community Council, maps of the area,

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photographs of the property, our proposed plans and drawings.

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Again, it's identical for each lot.

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The notice that we sent out for that September 30th meeting,

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the application for appeal, the deeds for each property,

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and our certificate of tax clearance.

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So as I mentioned before, 2600 B Street is zoned to CMX 1.

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We are making that identical request here.

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We are just looking to have a duplex.

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And 2602 Reed Street is zoned as RSA 5. We're looking to have a duplex here as well. What we're asking for is an out-of-source for this block. Previously, a duplex was granted for 2645 Reed Street as well as 2651 Reed Street. They are both on the same block of comparable size, so this isn't a request that is out-of-source in any way. Again, it's a fully residential block.

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we would like to maintain it as residential so we did garner the community support for this project

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or for both projects so here again similar maps which you saw previously for both lots

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here we have a view of the front of the properties

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reese street view from the right reese street from the left and then a view from south 26th street

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our elevations as well as the site plan again we are looking for a duplex for each property

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They will be bi-level units. Unit one would be a one bedroom, one bath. Unit two, which would be taking the second and third floor, would be three bedrooms and two baths.

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Identical design for 2602 Reed Street.

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We did send out notice for the community meeting that was held on September 30th.

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Again, we did receive support and we sent out a separate notice for each lot.

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So here we have the notice that was sent out for 2602 Reed Street and the properties that were identified as being affected by the city.

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And we sent out that certificate of mailing two weeks prior to the community meeting date.

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And here we have our application for appeal for 2600 Reed Street.

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again this property cmx1 we're looking for a duplex the community wants fully residential use

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our project information form application for appeal and 2602 reed street this property is

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owned a single family what we're asking for isn't out of sorts here because there are other lots of

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similar size that are also multi-family project information form as well as the deeds for the

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property so with that if i could have my client joe out of seven excuse me gazi out of seven

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um raise his hand i will have him accept my testimony

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been allowed to speak please tell me your full name and i'll swear you in yes good afternoon

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everyone my name is gazi g-a-z-i last name is a-t-a-s-e-v-e-n r-a-7 24 24 east york

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Philadelphia.

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

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Yes, I do, sir.

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Okay, Ms. Hamidon.

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So, did you hear my presentation today?

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Yes, I heard that.

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And was it true and correct?

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yes and would you adopt it as your own testimony absolutely thank you thank you any questions from

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Yes.

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And would you adopt it as your own testimony?

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