civus
Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

um really um I mean we do have a we do have a commercial component of this but clearly it's

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not your typical CA2 uh commercial shopping uh center so that's why I think you know there's

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a hardship here um it's already been recognized by the zoning board but uh you know for CA2 here

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It doesn't really fully make sense in that respect.

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And then let me just take you through some of the rendering.

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This is, you know, in a lot of ways, it's the same building.

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It's, you know, we're going to add trees, obviously, new windows, new exterior finish.

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But it's, you know, it's a heck of a building the way it is.

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And we would just be cleaning it up.

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And then, you know, tremendous reinvestment on the inside and with all new windows.

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part of the discussions with the community was about creating a crosswalk across a caster which

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is a busy street to link us to the park that's across the street and we've got commitments

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already from the state senator and the council person to work with us to make sure that you

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know these neighbors can then access the park and really kind of create a new a new little

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neighborhood right there with the park this is a refusal letter again it's you

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know there's no other refusal of them CA to underlying zoning you'll see at the

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bottom here again is that prior approval for the exact same project and then I'll

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just walk you through real quick you know the zoning plan right here you know

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there's again there's no changes to the building other than other than you know

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keeping it the way it is in that case you can summarize it would be helpful yeah yeah there's

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no substantive to changes correct everything's basic no there's no substantive changes it's it's

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it's a it's a straight rehab project um again but we've got the the parking across the street

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for 40 spaces plus the five on site so we have 45 spaces for 90 uh it's just it's you know really a

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win-win, I think in all respects. Community was supportive back in 14-15. They were very

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supportive still. We tried to get this back in front of the board on an administrative approval

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and actually the councilman supported on this. And then Ellen and I wouldn't let this get back

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on administrative approval because they said we were out of time. So I wish we could have avoided

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this whole delay that we've had, but in any event, here we are. And with that, I can ask

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the property owner, Mr. Alon, who I believe is on the call to adopt my testimony, unless

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the board has any other questions for myself, the owner, or our project architect, Ray Rolla,

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who has done many projects that have been in front of this board as well.

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Get your witness, the owner of the property.

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Yes, Mr. Alon, are you on the line?

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Can you unmute Mr. Alon

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A-L-O-N

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Yes

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Okay

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Hi Mr. Alon

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Please spell your name

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First and last name

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Okay my first name is E-L-I-A-H-U

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Last name is A-L-O-N

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And you swear and affirm

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To tell the truth

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The whole truth

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Nothing but the truth

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Yes

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Thank you Mr. Feldman

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Sure

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Sure. Mr. Lahn, you are the member of Castor Lofts LLC, the owner of the property, correct?

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Yes.

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Yes. And you've heard my testimony concerning this project?

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Yes.

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And you've heard me explain why the 90 apartments with the 10 commercial space, in your opinion, makes the most sense for the redevelopment of this property?

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Yes.

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And this is the project that the board previously approved and that you were the applicant for back in 2014-15?

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Yes.

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And do you adopt my, do you, was my testimony true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your own?

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Yes.

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Thank you.

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Thank you.

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Any questions from the board?

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No.

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No.

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No.

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Anyone else wish to testify in this case? If so, please raise your hand.

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No hands, Chair.

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Thank you. Planning Commission?

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Good afternoon.

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M-I-A-N, please spell your full name for the record.

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M-I-A-N, Litwin, L-I-T-W-I-N.

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Planning Commission, do you swear and affirm to tell the truth, the whole truth,

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and nothing but the truth yes i do thank you please proceed uh this parcel uh is sorry hold on

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This parcel is owned CA2 under the assumption that this property would be demolished and converted to auto-oriented retail.

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However, the Planning Commission supports the adaptive reuse of this building over demolition and redevelopment.

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Therefore, we are not opposed to granting the variance.

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Thank you.

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MI-2020-0012063701 Sapiva Street. My vote is yes.

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My vote is yes.

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my vote is yes my vote is yes thank you as always for your time and

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consideration have a good day meeting item MI 2020-001199-1007 South

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third street no one has come forward for this case all right

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confessor for some reason i don't have that page would you read that um i'm sorry chair um i do

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have uh it was here hank clinton i think was here oh here we go yes hank is the lawyer for this one

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okay okay

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good afternoon emory you swear and affirm to tell the truth the whole truth nothing but the truth

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I do.

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

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans,

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five days in advance of this hearing?

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Yes, I have, Mr. Plaza.

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Okay.

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And have you met with the RCO and have a letter?

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Yes, I do.

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Thank you.

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Please identify yourself for the record.

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Sure. Good afternoon, members of the Board and Planning Commission. My name is Henry Clinton.

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I'm here for the applicant, Noven Pan Real Estate, concerning 1007 South 3rd Street.

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Ms. Sunkit, can I share my screen?

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Yes, you may, Mr. Clinton.

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Thank you. Can you see my screen?

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Not yet.

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now we got you you're good yes okay thank you uh so this is my presentation binder

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with the calendar number in today's date table of contents including all the

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exhibits that I have for this presentation. Exhibits A1 through A11, my appearance statement,

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the deed, and I'll run through this.

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There's a zoning notice that I gave to the community for the community meeting,

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which is Queen Village, as well as for the ZBA hearing date today.

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These are my mailings, certificate of mailing, indicating that we've mailed out 102 pieces of mail concerning the RCO meeting, as well as today's meeting, tax certification, notice of refusal.

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The refusal concerns really two issues.

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One is the proposal is for a three-family dwelling in an RSA 5 zone, and we're proposing

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two parking spots in the rear of the building off of Bodine Street.

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All right, so this is the zoning map showing the property.

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property is right in here it's right adjacent to an rm1 zoning district and when i get further

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along showing you the plans you'll see that all the homes to the north of the property as well

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as behind the not all but behind the property there's there are several multi-family dwellings

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so this is really a multi-family block uh we did meet with queen village here is our letter of

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support. They asked us to make a couple changes. One was to

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provide them with a plan showing the sight lines of what the

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property would look like when you're standing across the

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look like when you're standing across the street in terms of whether you would see the pilot house or not.

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street in terms of whether you would see the pilot house

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They also asked us to make some changes and upgrade the facade material,

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which Rustin Ower and Harmon DeWitch Ower did, and you'll see that in their plans. So based on the changes to the plans

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that we provided to Ms. Saleta prior,

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we obtained the letter of support from Queen Village. And with me on the line is

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is Noam Pan, the principal of the applicant, as well as Rustin Orr, who may testify if the board

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is so inclined. So here, just again, right now, this is a vacant lot. To the right is a quadplex,

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and to the left is a triplex. Here's a larger version of the site plan, excuse me, the zoning

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map, indicating that the RM1 zone is to the south, and the RSA5 zone is to the north.

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To the right, you can see an outline of the project.

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It's a rather large lot, as all the lots are on the street.

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And this is a significant exhibit here.

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The proposed project is right here on 3rd Street, 10-under block.

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Carpenter Street here is Bodine Street is here.

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It's a street that you can drive down.

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We're proposing two parking spots in the rear, similar to the homes on the south end.

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And these homes are, as I said, quadplexes, four-family dwellings.

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We're proposing three-family.

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There's a three-family adjacent, another three-family, and then a single-family on the corner,

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but directly almost behind and a little bit to the north is another multifamily property.

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These are the sight lines that we provided to Queen Village,

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indicating when you're standing across the street, you cannot see the pilot house.

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these are the floor plans basement of first floor would be one unit the second unit would be the

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second third and fourth floor with access to rooftop deck and the other unit would be again

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duplication on the second third and fourth floor with a rooftop deck these are the elevations

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both front and rear and what we added on the front was bigger windows and also

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some balcony Juliet balcony on the front just to set off the front and give it

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some more detail these are the proviso plans as we did make changes on the

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plans we provided them to miss a letter before the hearing this is an aerial view i guess i can make

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this bigger for you i guess it's it's just made that bigger for a full screen so this is an aerial

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view again this is third tree it's north and south this is a current vacant lot these are

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photographs taken within 30 days that I took. Again, the vacant lot. These are three new

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quadplexes to the south, and these are the adjacent two properties to the north,

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which is a triplex and a triplex. And just want to see, is my client, Mr. Penn, are you on the line?

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Or Ms. Sunkit, can you unmute him?

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um i don't have that name i have a gnome yes

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gnome can you hear me yes i can hear you i do japan would you please spell your first and last

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name yes it's noam n-o-a-m and last name is aviv a-v-i-v we're in the firm to tell the truth

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the whole truth and nothing but the truth yes i do uh mr v this is henry clinton again and you

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are the principal uh in the applicant the llc yes and you had the opportunity to listen to my

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testimony as i made this presentation to the zoning board yes if you had the opportunity to

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testify would you adopt my testimony as your own and as true and correct yes i will thank you very

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much. With that, I ask that my exhibits be introduced into evidence and that the board

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look kindly upon this application. These are de minimis, dimensional variances that we're asking

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for in terms of the parking in the rear. We have some unique circumstances that this property is

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situated among and between several multifamily residences. We're not really altering the essential

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character of the neighborhood and it's in harmony with the code as well as with

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what the neighborhood group Queen Village has requested and with that at rest. Thank you.

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Queen Village has requested and we're not at rest. Thank you. Questions from the board? No.

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Anyone else wish to testify in this case? If so, please raise your hand.

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Chair, we have a Robert Pendergrass. You can unmute yourself and wait to be sworn in.

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please spell your name

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first name is Robert

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sure first name is Robert

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R-O-B-E-R-T

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last name Pendergrass

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P-E-N-D-E-R-G-R-A-S-S

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I live at and own

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218 Carpenter Street

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Philadelphia

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BA19147

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we're in a firm to tell the truth

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the whole truth and nothing but the truth

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I do

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please proceed

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yes so as I said

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I live and own with my wife 218 Carpenter Street, which is a single-family home. It

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also borders Bodine Street, which borders the property in question and will be their access

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to the parking. So as such, I'm going to be directly affected, or our property at least,

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will be directly affected by the decision made today. I'm not in support of this variance because

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I feel like that this neighborhood has too much multi-family housing already going in.

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I don't feel that it is needed.

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Just going, you know, just talking about Third Street on its own from Washington up two blocks

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to Christian, we have multiple empty homes.

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We have several currently occupied homes that are currently for sale.

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