civus
Hearing video

ZBA Hearing - March 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 10, 20215h 3m

and the comprehensive plan recommends industrial, commercial mixed use.

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This project concluded a civic design review on March 2nd after its second meeting.

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However, when we changed the zoning maps for this neighborhood in 2017, the Neighborhood

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Association wanted the zoning to reflect their desire to see the remaining scrapyards disappear.

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We settled on single-family zoning because it provides a reasonable density without overwhelming

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the surrounding blocks.

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However, due to the overwhelming stated support from the community for the multifamily project

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at this juncture. We have no objection to the granting of the requested variants.

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Thank you. MI 2020-002599 2740 Amber Street. My vote is yes with the proviso. Approval

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as per ZP 2020-4012. My vote is yes with proviso.

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yes for proviso yes for proviso yes for proviso thank you you good luck thank you

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calendar number three three nine four four nine one four north penn street

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miss pritzker you're up and you're still under oath from earlier

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chair she's been promoted to panelists

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Thank you.

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Rachel, are you there?

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Yes.

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Can you hear me?

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Okay.

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Name and address, please, and spell your last name.

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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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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, referral, photos under plans of the process?

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Reporter, I'm frozen.

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Okay.

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Oh, there we go.

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Rachel, I got your name and nothing here for that.

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My apologies.

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No worries.

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So my address is 1635 Market Street, Suite 1600, Philadelphia, PA 19103.

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

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Yes.

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Have you emailed an exhibit packet with proof of ownership, tax compliance, refusal referral, photos and plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes.

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You may proceed.

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Thank you. If we could also promote Jason Trutner, that will save some time as well.

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Thank you.

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If we could also promote Jason Trotner.

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Okay. And who is Jason? He is the architect. Okay.

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Mr. Trutner has been promoted as a panelist. Hi, Jason. Name and address, please.

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Thank you. My name is Jason Trutner, T-R-U-T-N-E-R, at 4001 Main Street, Suite 203, Philadelphia, PA-19127.

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You swear for him to tell the whole truth and nothing but the truth?

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Yes.

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Okay. Rachel, you may proceed.

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Thank you so much. So this is 4914 North Penn Street. This property is an RMX, sorry, an RM3

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property located on North Penn Street. As you can see, it's an existing structure that takes up

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a majority of the lot coverage, and we are looking to restore this building. It provides

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for multifamily by right, and the only refusal we have is for some additional floor areas so that

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we can have an elevator in the building access all four floors to accommodate those with disabilities

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under the Fair Housing Act. So again, our hardship here is that the way that the building is

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currently laid out, the only place to put an elevator so that anybody with physical limitations

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is able to access all four floors and the top floor where the amenity and the roof space is

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would be to add a little extra FAR in order to accommodate that given we're working within

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an existing structure. That's the only request we have for the board as far as variances are

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concerned. The letter from the community, the biggest concern they have in general, not just

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related to this project, was parking. As Jason will go through the plans, as you'll see with

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this existing structure, the grade change, there's really no ability to provide parking

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on site. So they wanted to have us do a continuance, although we had two meetings in order to try

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to reach out to some of the owners of the vacant lots in the area, which we are working

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with the community to do to see if there is any opportunity for off-street parking. However,

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we don't have a refusal for parking because this is an existing structure and the use

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conforming with the zoning code. I won't really belabor that point any further. I just think it

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would be beneficial for Jason to go through the plans. I can then again highlight on the community

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aspect. And again, we're just asking for a variance for a little extra floor area ratio

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in order to add the elevator. And I think Jason, you can, if you don't mind mentioning how minimal

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the square footage that we're asking for is, I think that would be beneficial for the board.

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Absolutely. So just to go through the plans, this is the site plan for 4914 Penn Street,

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and again this is an existing structure that occupies the majority of the lot area. The

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right-hand side of all of the plans will be the access from Penn Street, left-hand side being the

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rear yard, and the top and bottom of the plans that we'll be showing are the side yards.

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And again, this is largely an interior renovation that we're proposing. The only extra area

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will be for an elevator located at this point on the plan, which we'll see on each level.

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And there are three levels in that building? Is that what I'm seeing?

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There is three main levels, and then there's an inset fourth floor penthouse structure, which the elevator accesses.

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Can you just zoom in a bit, Jason?

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Yeah, absolutely.

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So this is the basement level.

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We'll just start at the bottom and work our way to the top.

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The breakdown on most of the floors consists of a series of residential units.

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In the basement level, which is a partially below-grade basement, we have utility access, bike storage, and trash.

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And again, you can see the two staircases, as well as the elevator located at this location, which will translate up through every floor.

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And can you also mention, Jason, just the grade so that board member Holloman, I know he's very big on living space and basements.

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I just want to mention sort of the grade change so that there's an understanding.

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There's actually windows.

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Yeah, absolutely.

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It's not a grade basement.

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That's what I want to know, access.

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yep so um you can see here in this uh uh three-dimensional uh imagery you can see that the

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the windows that are uh and again these are existing windows are located more if you can

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it's just really tiny thank you um you can see that the windows are uh uh four feet uh still

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heights from the inside so this is you know again in in character with a much more luxurious basement

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a much more luxurious basement dwelling unit

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dwelling unit than the conventional

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than the conventional egress well

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sort of fully below-grade structure.

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And again, this is all existing,

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and the trash access that I was describing

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actually has a door to the side yard

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so that that can go directly to the outside of the building

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without needing to go through the common corridor

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and use the staircases.

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And there's a door up to grade as well on this basement level closer to the front of the property.

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Yes, that is correct.

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So we have a utility access door at the front of the property.

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And then at the rear of the property, the staircase egresses directly outside before coming back inside from the basement level.

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So if you need to get out of the basement, you're crawling out?

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uh no there's oh uh the the rear egress uh stair goes directly outside at the first floor

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as well as doors in the in the trash room um and then yes there uh there would be um

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the ability for any of the the windows to be egressed in a an emergency uh situation

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or through the utility access.

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Is the board of any questions?

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No.

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No.

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No.

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You've met with the RCO?

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Yeah, we can just fast forward to the fourth story

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just to show that addition that we're adding

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where the elevator is.

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I just want to highlight that

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because again, that's all we're here for.

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We met with the RCO twice.

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It's the Frankfurt CDC

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and they were really receptive to the project.

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They are excited to see, you know,

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the reuse of this structure

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that used to you know be habitable and we're keeping sort of everything interior from a

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historic perspective it's not deep you know designated historic but we're keeping the

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character of the inside of the building again their only main concern was sort of parking in

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general so we I've already mentioned and put in writing to them that we're happy to work with

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them we've done some outreach ourselves they've done some outreach and again I think the letter

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they sent just really highlights wanting us to work with them on parking and a community

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benefits agreement for local hiring, which I've also already said that we would be happy

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to do. But without getting the zoning and then the financing for this project, it's

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hard, you know, we can't do any of that. So and again, that's sort of why we were grateful

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that the board was able to allow us to hear this today. So again, we're just here for

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little extra floor area for the elevator and it's what 40 74 square additional square feet something

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like that yeah it comes out to one percent far increase yeah that's all we're asking for so that

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we can make it ada compliant otherwise you know it limits who could live on what floors and and

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also who can access the amenity space anything from the councilman i think sloan folks was on earlier

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um and i don't i don't think that the council office had any issue with the

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request i think they were just wanting us to continue the conversation with the community

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about the parking and frankfurt cdc is okay now no member um in the beginning we have to

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um we were allowing two weeks just for a letter from them

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i'm sorry i had to i had to go out and come back in uh yeah carol this is the one we spoke about

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earlier right i i didn't just resume it just for the purpose of a letter from the rco and the

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council and or the councilwoman's office and just to recap mr chairman wireway we're asking for

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one percent increase in far 74 square feet for an elevator to access all four floors for to meet

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88 compliance standards that's the only variance we're requesting here understood any other

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questions from the board no no no anyone else would like to testify in this case please raise

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your hand can i have my ear we have sloan folks here mr folks you can unmute yourself and speak

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now folks you're still on their oath from earlier please identify yourself and proceed

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Good afternoon again. Sloan folks, Office of Councilwoman Maria Kenyola Sanchez, Rule 508 City Hall. I have Kim Washington on the line. She's the Executive Director of Frankfurt CDC.

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Understanding that the ZBA had determined, based on Ms. Pritzker's argument regarding financial constraints that they were going to hear today, I reached out to her so that she can at least say something on the record today.

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As of right now, the letter that was sent was really requesting a continued...

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The letter that was sent was really requesting a continuance. It didn't outline any of the

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community issues, as I recall. And the issues, really, the issues Ms. Washington will be able

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to elaborate on. We still want the opportunity in the next couple weeks to have the RCO formally

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weigh in uh by writing um uh anything they have to say but i'm going to defer to miss washington

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to have her hand raised right now okay but i thought we you know you will hear from miss

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washington but again if there's a meeting you guys can have it but we just want to have a

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a letter from the rco assuming they agree and uh before the end of the month

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but we're not going to have another hearing is what i'm saying we won't the only thing the hearing

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the resumption will only be limited, will be limited to a letter from the RCO.

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I clearly understood, Council Chairman DiCicco, and that is why I reached out to

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Ms. Washington because of the parameters that you put around

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what the RCO will be able to submit and our office will be able to submit.

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Very good. Thank you. Is Ms. Washington on?

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Ms. Washington, you can unmute yourself and speak now.

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Good afternoon, Ms. Washington. Please identify yourself with a record name and address and I'll

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swear you in. Good afternoon, Chairman DeChico and the rest of the ZBA board. I am Kimberly

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Washington. I'm the executive director for the Frankfurt Community Development Corporation

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located at 4667 Paul Street, Philadelphia, PA, 19124. And do you swear and affirm to tell the

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truth, the whole truth, nothing but the truth? I do. Thank you. Please proceed.

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And so I won't, I'll be brief. Just wanted to say that we are in support of the general project.

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Everything that Rachel said, I hold to be true. I just wanted to add an issue that while parking

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was a big issue, I think there were also some conversations around affordability of the units,

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local jobs, and then there's probably a few other small like design issues around the property that

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we'd like to discuss as part of the community benefits agreement. But we just, we're thankful

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to hear that the ZBA is going to give us a few more weeks to work that out with Rachel and the

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developer without holding up the project too long. So I appreciate that. And thank you, Rachel and

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your team for reaching out to us and being willing to work with us. Yeah, thank you very much for

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that. And we will have two weeks. So I'll put on the record that we will do our best to expeditiously

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worked together on this and your group has been really helpful as well so thank you also all right

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thank you thank you miss washington uh tanya do we have a date for that uh resumption which would

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only be limited to uh limited to the uh letter from the rco and councilwoman sanchez's office

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so because this is sharon's letter are we getting a letter from the councilwoman's office i thought

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that it was simply to read the letter from the RCO into the record and to and also if Ms. Pritzker

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would like to submit a brief reply that would be read into the record as well but nothing too

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lengthy or it might have to be continued for another hearing. No problem. All right so it'll

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be limited to the letter from the RCO correct? And that should be submitted to the ZBA and Ms.

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the letter by the 23rd of the month to be read in the record on Wednesday, the 24th.

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Okay, thanks so much.

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Okay, so let's just get that officially on the record.

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MI 2020-003394, 4914 North Penn Street.

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This hearing will be resumed on March the 24th.

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At what time, Tanya?

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2 p.m.

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at 2 p.m., at which time the board will consider any feedback or a letter from the RCO.

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Chairman, may I have my clients adopt my testimony or as a member?

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