civus
Hearing video

ZBA Hearing - June 23, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 23, 20216h 15m

even though it is illegal?

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well she can she can she can just try to legalize it through a variance

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i've i've been trying to do all that sir um the reason why i wrecked the defense was my house has

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before i moved here this house was vacant for 11 years and they were using my house as a trash dump

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they were using my house um as um to pour all kinds of things like uh their uh their their

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grease and everything down my drain um my house was being used like i said as a trash dump

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so i erected the fence to keep the people off my property and and and and to try to save my

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property um my neighbors um i paid i paid to have my whole drainage dug out and my neighbors refused

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to have theirs out so they put sandbags on the back of theirs so all the water would run down

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my drain and i was having to get a plumber every month i have been i have been trying to work with

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everybody i had i've only been in this house six years and when you know when you get a house to

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inspect it you shouldn't have to put a roof on it i've had to put a roof on i've had to have people

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come in because of the water damage because of the garbage they were talking they were dumping

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tires in my house. Cars were plucking across my grass after I had the grass seed put in.

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It's been a battle. And this is the only thing that kept them off my property. And I don't

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understand. And I've been to City Hall six or seven times trying to get a variance. I've been

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trying to do everything. And so that's why I had to appeal to this board.

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okay thank you i'm i'm like a 23-year vet i came here to retire i'm just trying to save my home

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before i die that's it excuse me this is sharon saleta did you submit an application for a zoning

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permit for the fence uh yes ma'am no ma'am they told me not to do it i've been to city hall six

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times the first time they told i've been going around and around in circles and i asked miss

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bolden please i'm so sorry to interrupt would you be able to turn your volume down just a snippet

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i don't let me see i i don't i don't know maybe maybe if i get back is that better okay that

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helps some okay thank you chair yeah um i have i have i have been down there six times i am running

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in circles i don't want to tear my fence down that took quite of my retirement i had to take

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money out of my 401k to build it to stop the trash because i had to i had to pay the city

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a couple times to come out here and get the tires and the trash off of my property i'm sorry miss

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bolden again this is tanya chair if you don't mind may i just speak for a moment absolutely

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Ms. Bolden, the counselor for the city, Mr. Reuter, as well as counselor for the ZBA are trying to assist you with resolving this problem, which would be an application to the zoning unit to get a permit.

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an application to the zoning unit to get a permit to legalize your fence, which would mean you will

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come back to the zoning board for variance. Does that help you to understand a little bit? They're

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going to try to help you resolve this problem. Yes, ma'am. This is Sharon again, and Mr. Reuter

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has suggested that there be a stay of enforcement for perhaps 120 days, but given that this will

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likely require a variance and um that could take some time because of our backlog of cases

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i would recommend that if the board decides to deny the appeal that they also add a six

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month stay of enforcement mr reuter would you have any objection to that oh no that's that's

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fine. Six months is fine. Okay. And Ms. Saleta, can you please read into the record, the calendar

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number? So we can vote this. It is in your text messages, if you're able to look at that.

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i moved away from my computer for a moment hold on okay i have it it is mi 2021 002596 1101 east

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mount pleasant avenue um the appeal is denied and there's a 120 day stay of enforcement excuse me

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madam chair if you i don't think that she would be able to resolve the zoning issues in 120 days

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because she will be coming back before this board so if you can make it a six month stay of

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enforcement that might be more workable okay six months six months stay of enforcement

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thank you okay so i do what now i go to the zoning board i'm sorry miss bolden excuse me

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If we could complete the vote, please.

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You're right.

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I'm sorry.

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Denied with proviso.

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Appeal denied with proviso.

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Appeal denied with proviso.

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And what I would suggest to Ms. Bolden,

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actually what might be the most helpful

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is to contact your local council person's office,

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who I believe is Cheryl Parker.

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I've been trying to call her 72 times.

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Okay.

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Well.

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I'm sorry.

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Okay.

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I'm off.

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off screen please. Okay if I could just mention Ms. Bolden if you could reach out to me as well

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tanya.sunket at phila.gov or the RCO email box that we sent you the letter to we can also assist

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and provide you with contact information. Thank you Madam Chair. Sorry for the interruption.

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Your name you said the email you sent me? Yes you'll see it the RCO email box that sent you

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the letter for this erie reply to that thank you chair and excuse me calendar number before you

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i'm sorry if i could interrupt again for one moment just so that you're aware we've had

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a request from um attorney rachel pritzker she has a four o'clock meeting that can't be changed

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she has asked that um numbers six and eight which are both unopposed if they could be moved forward

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Again, always the board's call.

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I want you to be aware of the request.

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Okay.

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Calendar number 0460441 Brown Street.

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Are these heard together?

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No, they're separate cases.

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No, they're separate.

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The attorney is Rachel Pritzker.

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We have a letter of support from the Northern Liberties Neighborhood Association.

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and a letter from Councilman Skwila in non-opposition.

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Yep.

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I'm just going to bring up.

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Rachel, name and address, please.

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Yep.

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

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PA, 19103.

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

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Yes.

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

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

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referral, photos, and plans five days in advance of this hearing, and have you met with the RCO,

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and do you have a letter? Yes. Thank you. You may proceed.

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This is 441 Brown Street.

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this is the refusal this project is for the erection of an attached building

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this is the refusal this project is for the erection of an attached building with roof

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decks at rear second floor and side third floor roof decks and roof deck access structure with

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an elevator above the third floor for use as a single family household living and to include

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private residence parking garage for two parking spaces essentially we're here because in rsa5

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you can't have any parking access by a front street. We don't have an opportunity to access

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it from a shared driveway alley or rear street. The other two refusals are for stall depth

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and stall width. We submitted revised plans to reduce it from two parking spaces to one

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as the community was only in support of having one parking space. There's an existing curb cut

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on this property i'll show the photos quickly rsa5 this is the lot right here

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that's the property

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so as the board can see there's an existing garage we were looking to utilize

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um you know the existing curb cut and the garage to provide accessory off-street parking access

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by a front street again um we don't have a driveway an alleyway or or any rear street to

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be able to provide parking uh so that's what generated our refusal um we made some revisions

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to the plans that i provided to miss saletta regarding a revised plan form to showcase the

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updated plans that eliminate um one of the parking spots and just provide for a one-car garage and a

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single car curb cut, which is supported

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by the Northern Liberties Neighbors Association.

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As you can see, they have a letter of support on my screen.

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We've met with them on April 26th.

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And other than that, happy to take any questions.

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I can have, I believe our architects design blends are on.

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If the board is interested in seeing the plans,

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they would be happy to share those.

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Otherwise, I'm happy to take any questions.

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Does the board have any questions?

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No.

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No.

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Planning Commission?

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Good afternoon, Chair.

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Peter Bernard for the Planning Commission.

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This property is indicated for single-family residential

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in the comprehensive plan.

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front-loaded garages it creates conflicts with bicycles and pedestrians accordingly we object

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to the granting of the parents um thank you responding sorry go ahead calendar number zero

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four six zero four four one brown street my vote is no my vote is no my vote is now

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My vote is yes.

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Calendar number 1239, 506 North 13th Street.

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

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Yes.

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And can you put your name and address on the record again?

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Yes.

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Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA 19103.

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have you emailed the exhibit packet with the required documents consisting of proof of

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

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of this hearing and have you met with the rco and do you have a letter yep do you also agree

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to wave the reading of the refusal and stipulate to its accuracy yes okay thank you you may proceed

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Give a letter of support from the

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The Callahill Neighborhood Association and Councilman Scuola has submitted a letter in non-opposition.

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Yep.

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So this is 500-506 North 13th.

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It's been since consolidated, so it's technically recognized as 500 North 13th Street.

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This is our refusal.

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This is a CMX4 property.

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The application was for a lot line relocation to consolidate two existing zoning lots.

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The application was for a lot line relocation to consolidate two existing zoning lots, as I mentioned, and for the erection of a three-story addition to an existing three-story structure for use as a multifamily dwelling for 23 units, including 11 dwelling units on the fourth and fifth floors with residential roof deck, access from the sixth floor and 12 dwelling units on the second and third floors with two vacant non-residential spaces.

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use registration required before occupancy on the basement and ground floor with all

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other uses as previously approved the only refusal we have for this project is for parking this is an

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existing lot the requirements for cmx4 if you do an addition to an existing non-conforming structure

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you can trigger variances again we're required to have three pretend and we are required three

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parking spaces here. As I will show you, this is an existing lot that takes up almost 100%

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of the lot coverage. It's also a historical existing structure, so any demolition to it

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could result in, obviously, a change to the aesthetic, a change to the structural integrity

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of the building and the neighborhood, as well as the surrounding community has no interest

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and seeing this building demoed instead we're proposing to rehab it originally we were going

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to do commercial space but given you know covid and the shift in that market and the support of

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the community for residential units they were okay with giving us a de minimis variance for

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just three parking spaces that we can't fit on this site i'm just gonna go to

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zoning map as you can see it's a corner cmx4 lot

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closer picture as you can see from the aerials the building takes up almost 100% lot coverage again

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there's really no place to put three parking spaces and to have to do underground parking

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could damage the structure and to do it for three parking spaces would be a hardship on the applicant

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so you can see existing building being renovated um i just wanted to have um i think amanda from

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cano design um go through the plans uh really quickly for the board um okay chairwoman mentioned

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we did meet with the callahill neighbors association and they were in support of the

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project and uh obviously the board has a letter of non-opposition from the councilman as well

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is there an uh amanda

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she's coming back in as a panelist okay thank you

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Amanda can you hear me yes I can hear you okay name and address please and spell your

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last name Amanda Anderson a-n-d-e-r-s-o-n 109 south 13th street second floor Philadelphia

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PA 19107. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do. Okay. I'm sorry. What is her role, please? This is Tanya. Rachel. Okay. So we're going to

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promote her. Fatina, can you promote her, please? Thank you. Sorry. Give us a moment to let her

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come back in. Okay. She's been promoted. She's coming back in now.

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there we go you have full control Amanda okay okay Amanda can you see my screen yes okay so

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as you can see this is the first floor plan the entire I think it's like 99.8 percent of the lot

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is covered with the existing building we are keeping the existing building it's um first

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second, third floor, and basement right now. We are adding an addition which will have

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where we want to do the 11 dwelling units in this addition and that is what triggers the

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um three parking spaces

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does the board have any questions no no no planning commission

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Planning Commission.

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Chair, Peter Bernard for the Planning Commission.

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This property is indicated for commercial mixed use in the comprehensive plan.

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Because this proposal is an adaptive reuse of an existing building, we feel the applicant has

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demonstrated sufficient hardship and that the proposal is the minimum necessary variance.

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Accordingly, we support the granting of the variances.

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Thank you. Calendar number 1239506, North 13th Street, my vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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I know, I forgot to ask.

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Oh, gosh.

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Calendar number 1240, 2928 Poplar Street.

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The attorney is Richard DeMarco.

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trying to unmute here hello hi how are you gosh you look happy name and address for the record

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and spell your last name hi good afternoon richard de marco uh spelled d-e-m-a-r-c-o

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