civus
Hearing video

ZBA Hearing - December 8, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20214h 14m

I do.

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Yes, sir.

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Proceed.

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

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I do.

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And I see that your exhibit packet isn't timely, so you may proceed.

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Thank you. I'm going to share with the board the exhibit package we have previously submitted.

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This is an application for development of a lot.

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We have submitted with the exhibits refusal, RCO letter and support, photos, plans, and related documentation.

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This application has some extensive refusals, but I will address them as they also have been changed.

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So I want to address them to the board one piece at a time.

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The lot itself is a slightly L-shaped lot on a corner.

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It's a large lot about 4,800 square feet in size.

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my client originally proposed 18 units with six accessory bicycle parking and one accessory

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car parking space. After meeting with the community, there were some feedback on the

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number of units. Despite the fact that the units would have been more affordable,

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the community would rather see slightly larger units but less in total count. So a change of

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the plan related and changed it to 13 units, reducing the smaller units, actually increasing

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the size of the smaller units and reducing the overall units. In addition, what we also provided

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was four actual parking spaces off street that would offset the additional units that is beyond

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what is normally permitted. I'm going to go ahead and jump to the rendering and plan because

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it's easier to see the changes from the plans itself. So this is the proposed structure.

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It's a four-story structure that would actually take on a slight L-shape. What my client did in

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changing the layout, original layout, we had a single parking, off-street parking space,

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accessed through a curb cut and entrance. By taking away some of the units on the first floor, we

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a curb cut and entrance by taking away some of the units on the first floor we have now increased it

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to a total of four parking spaces including one being handicapped and this allows a much nicer

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layout for the first floor parking and the four additional units beyond the nine normally permitted

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would each have a one-to-one parking we're still maintaining the bicycle spaces and there will be

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um management of trash and other uh items that would relate to a multi-family dwelling

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the excuse me mr sharon sletta um we received those revised plans today and i reviewed them

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for the first time ordinarily addition of parking spaces would require an amended refusal but

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in this case can you confirm that the parking entry both the width of the garage and the

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location of the entry have not changed from the original submission? I can confirm that, yes. And

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in addition, parking was not an original refusal item, so it would not have triggered an additional

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refusal. But it would have required an additional review ordinarily because the department refused

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the size. But thank you, that's fine. Thank you. So again, we have both provided bike room, trash

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storage internally as well as internal access to all units for the building in addition to

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these changes the original proposal did not have a rear yard the building was extended further

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we have now changed to provide a five foot rear yard per the community's request

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the original refusal also had a 43 feet height total we have reduced it to 41 feet per the

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community request. And as a result, we did get support from the community. The second through

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fourth floor is laid out almost identically with basically two-bedroom units, and the first floor

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contains its own one unit in addition to the parking, trash, mail, and other related items.

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As such, based on the changes, we, again, received support from the community.

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Their requests were pretty much all were addressed through our revised plan.

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So as such, we would ask the board's favorable consideration in this case.

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I'll be happy to redirect any specific exhibits or answer any questions.

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And my client is here to adopt my testimony.

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Thank you.

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Why don't you have your client state his name and spell for the court reporter and we'll adopt this testimony.

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Sure. Mr. Chagai Bader should be here. Can you raise your hand virtually so you can be identified?

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Mr. Bader, you can amuse yourself and please wait for the chair.

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Hello?

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Yeah, please state your name and spell for the court reporter.

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Chagai Bader.

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Could you spell it, please?

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C-H-A-G-A-I. Last name is Bader. B-A-D-E-R.

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

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Yes.

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Thank you. Mr. Bader, did you see and hear the testimony I made to the board?

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Yes.

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And can you verify that my presentation was true and correct and adopted as your own?

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everything was true correct and this was we we submit thank you um if i if i may i just want to

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indicate the board that because of the changes i don't know if ms saletta would want some specific

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provisos if the board were to be inclined to grant this case thank you mr jinn yes it would require

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proviso revised plans one page stamp today thank you questions from the board no mr chairman

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no questions from the virtual audience

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i see no handshare planning commission good morning board members ian hegarty for the

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philadelphia city planning commission members of the board the comprehensive plan recommends a

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zoning map amendment from rm1 to rsa5 at this location we appreciate the applicants coordination

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and concessions based on community concerns.

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However, I want to just emphasize for the board

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that under the existing RM1 zoning,

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nine units are permitted by right

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and an additional four units can be earned

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through the mixed income housing bonus.

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So if the board is granting a variance for 13 units here,

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they're granting this exact benefit to the applicant,

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but without the applicant providing

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any defined public benefit,

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that is deed restricted rent capped units

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on site in the building. There are no peculiarities to the lot that would constitute a

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hardship. And so we don't find that there is an actual hardship that the zoning board should be

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and so we don't find that there is an actual hardship

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that the zoning board should be working from.

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working from.

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The City Planning Commission recommends

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that the board deny all variances.

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If I may, with regard to the income housing bonus,

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I think the reduction in unit size

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actually make these units larger

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and therefore harder to meet the affordable housing requirements.

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However, again, these were part of what was negotiated with the community

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because they wanted the larger units,

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and they would rather see it be more family-friendly units

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than having smaller single-occupant-type units,

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which would be actually more affordable.

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So I just wanted to let the board know that.

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Excuse me, Counselor.

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YOU COULD MAKE FAMILY UNITS AFFORDABLE AS WELL AS SINGLE FAMILY, AS WELL AS ONE BEDROOM UNITS.

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YES, WE HAD ORIGINALLY MORE ONE BEDROOM UNITS IN THE LAYOUT.

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THAT WAS ACTUALLY THE ORIGINAL SETUP, WHICH WAS WHAT WAS PRESENTED TO THE COMMUNITY INITIALLY.

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THANK YOU.

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THANK YOU.

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it. So MI 2021-002890-232628 North 9th Street. I vote yes with proviso.

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I believe, Mr. Chairman, if I may, the provisos would need to indicate the unit

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limit. Yeah. That's right. We talked about that. Oh, okay. Thank you. Change, right,

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Right, that Sharon Sled has said.

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Okay, thank you.

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Mr. Jin, I'm sorry, what is the number of units?

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It'll be 13 total units.

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And would you prefer, like that to be added as a specific proviso as well?

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Because it is a change from the refuser, I wouldn't have that as a provider.

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Thank you.

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So even though it's reflected in the plans, it might be helpful to, Chair, add two provisos,

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then maximum 13 units and revised plans, one page stamped today.

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Okay.

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Thank you.

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Okay, and I vote yes for that proviso.

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Thank you.

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Carol Tenere, yes, with a maximum of three units and revised plans stamped today.

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My apologies, 13 units.

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13.

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Did I say 13?

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I hope 13 units.

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Yes, thank you.

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You said three.

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Oh, my gosh.

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Professor Plaza, yes, for provisos.

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James Snell, yes, for provisos.

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Thomas Holloman, my vote is no.

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Thank you. Thank you.

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Okay.

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So our next case is a presumptive hearing for nine parcels. Sharon I'm going to read the parcels

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into the record. MI 2021 004015 1431 North 25th Street

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Parcel E. MI 2021-004388-2408-Chargewood Street. MI 2021-004364-2408-Steward Street.

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Parcel I, MI 2021, 004018, 2401 Stewart Street, MI 2021, 00419, 2406 Harland Street.

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Parcel B, MI 2021, 003380, 2422 Harlan Street.

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Parcel D, MI 2021, 003379, 2401 Harlan Street, MI 2021, 00417, 2401 Master Street.

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parcel j and mi 2021 004020 2433 harland street parcel d attorney is jared klein

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good morning mr chair members of the board uh jared klein it's k-l-e-i-n from blank rome

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130 north 18th street philadelphia on behalf of the app do you swear or affirm to tell the truth

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the whole truth, nothing but the truth. Yes, I do. Sharon, we'll proceed with this with RCO.

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Should we see if there's an RCO member present? Yes. And if I could just say this is a resumption

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Yes. And if I could just say this is a resumption hearing. It was previously heard and to be resumed for feedback from the RCO and the Planning Commission's recommendations.

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hearing. It was pre-

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So, Mr. Klein, would you like to make a statement first?

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Yes. Thank you, Sharon. I'll be very brief. And if I might share my screen, I can put the community's letter up for the board to see.

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um so this is the letter that we received from the brewery town sharswood uh civic association

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and i'll just very very briefly recap for the board um this is an affordable housing proposal

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that's part of a master plan of redevelopment in conjunction with pha in the sharswood area

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this application is proposing 59 affordable housing units and those are going to be across

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18 different parcels um that are within about six blocks of each of uh each each other in the same

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geographic area um the uh as i mentioned this is part of a phase and so there are future phases

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coming for this project um that will address some of the community comments from their letter

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um specifically units that are going to be designed for single family home

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ownership and units that actually include parking or coming in future phases. Just to very, very

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briefly comment on the RCO's letter, as I know this resumption hearing was intended for their

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testimony. I wanted to point out that although it is a letter of general opposition, they do note

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that they're not opposed to the project concept and that the neighbors that voted to oppose did

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so for some specific reasons. And those include the units being rental units as opposed to

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home ownership, which respectfully is not really a zoning issue in terms of the demographics of

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the occupancy. There was concern about some of the density on Harlan Street. And as we explained

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during the initial hearing, although there are 59 units, this is not a traditional multifamily

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project these units are going to be designed to mimic exterior look of a single family house

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and the density is spread out across 18 properties in six blocks so we're not

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jamming a bunch of density into a single spot uh and the third comment was about parking

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and i mentioned that's coming in a future phase but also to point out part of the problem we had

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is this is an rsa5 zone and so to add parking would have generated an additional refusal which

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as the board knows is against the minimum variance necessary concept um we were here previously and

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heard support from both the planning commission and the council president's office um and so with

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that context i will uh turn it over to the board to take public comment comment from the virtual

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audience i see no handshare has the planning commission taken a position on this

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yes sir we have we're on the record for this okay

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sharon ready to vote we're ready to vote yes if if we could simply get the planning commission to

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restate their position absolutely yes um uh thank you sharon and members of the board um ian hegarty

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for the philadelphia city planning commission um the scattered site redevelopments proposed with

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this series of appeals uh conform to the comprehensive plan goals of providing public

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housing and so the city planning commission recommends that the board grant the variances for

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all appeals. Karen, you want me to read all the

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I think because they were previously announced, you can announce that the

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case is previously announced, or your vote is.

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The case previously announced, I vote yes.

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You're on mute, Carol. Sorry.

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Carol Tenere, my vote is yes.

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Thank you. Sorry.

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Professor Plaza, my vote is yes.

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Thank you.

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Thomas Hollowan, my vote is yes.

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Ian.

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he might be having difficulties okay we have the vote

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yes it's a yes chair thank you thank you all very much thank you mr chair

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Thank you, Mr. Chair.

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MI 2021-002889-2949-51 North Phillips Street, Natal Real Estate, no exhibits, first listing.

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Chair, I'm promoting looks like Lou's panel.

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Can you just let her have audio, please, ma'am?

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Sure.

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Thank you.

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You're welcome.

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