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Hearing video

ZBA Hearing - January 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 24, 20246h 48m

the fourth floor of the highest level, which is the fourth level of the building. And the

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residential units right across the street from it are two-story units. So having the sign at that

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height actually is less in their face if you want to call it that as if we had installed

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it on the second floor which would technically be allowed to be installed on the second floor

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yes thank you joanne thank you questions from the board

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no chair no mr chairman no chair questions or comments from our attorney hillary anderson

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um you just wanted to clarify um mr console so it was just it was the one sign i was having a

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hard time telling which was the residential side of the building or side that the rco was

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referencing um in their letter because it does seem like there's main street what what street

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was that one sign i'm trying i'm going to show you so here i'm going to pull it up right now

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so here's it's roberts ave yeah so there's the residential and there's the side of the building

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got it got it all right thank you um i mean mr chair if you if you were inclined to do any

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provide those related to um the sign you could reference the sign face the sign that's facing

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roberts avenue okay um but that's only if you're inclined thank you questions or comments uh from

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the virtual audience yes chair we had charles richardson good afternoon again mr mr richardson

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mr richardson you've already been sworn just state your name for the record charles richardson

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Office of Councilwoman Cindy Bass from 508 City Hall. Okay. I have a question for Mr. Council and

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has there been a lumen study because that's our office is right our district office is right

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around the corner from there and I'm very familiar with the building and the and the sign and all of

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that. There's an older sign that's up there that's illuminated that you had mentioned but is there

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Will this be a brighter sign that we're talking about? Has there been any lumen study that's been done with regard to the brightness of this new sign versus the old sign?

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I'm certain that Joanne has some feedback on that because her and I spoke to that as well.

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Joanne?

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I think she logged off.

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She's coming back in. Here she is.

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All right, I'm back.

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Hi, Joey. Could you respond to that comment?

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Yes, actually, I can. So if you look at the image that's currently on the screen, you will see that the extra space section of the sign is white faced.

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It's clearly seen there. So a white face sign because of the there's no obstruction between the clear, the white acrylic face and the LEDs is definitely a much brighter sign than our sign, which is currently shown as navy blue, as you can tell.

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and what happens with a navy blue sign is the only way to get that illuminated at night is that we

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do some pinholes in the blue vinyl so that the light that comes through at the face at night

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is a lot dimmer than a white face sign because all that is coming through

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is the lighting that can come through the pinholes in the blue vinyl that we

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is the lighting that can come through the pin holes in the blue vinyl that we put on top of

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the face does that clarify that it would be less bright than it used to be for that reason i i i'm

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i'm understanding what you're saying okay perfect um with that uh we have no opposition thank you

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thank you mr richardson uh anyone else in the virtual audience yes chair we have a calling user

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Phone number ending in 3503.

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Okay.

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Hello?

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Calling user, please unmute.

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Try one more time.

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Good afternoon.

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Hi, could you state your name, please, and spell for the court stenographer?

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Yes, Mr. Chairperson, Charles Karn, C-A-R-N.

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Oh, okay, sure, sure, sure.

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I want to repeat my name, make sure you didn't, make sure to say,

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you got it right.

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All right, do you swear, you've already been sworn, Mr. Karn.

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Yes, sir.

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Please.

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Two questions, sir.

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Two things that were voiced from the attorney and the architect.

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on on on berkeley street and roberts street there are two-story um residential properties

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but on the corner there there's a three-story property sitting right on the corner so um

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when they stated it wouldn't be high enough now currently right now it's illuminated on the roof

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itself right okay but most buildings that i know are four-sided we're asking and we have we support

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businesses but responsible businesses if the illuminated signs are appointed towards

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new customers which meaning 76 and the train station on those two sides of the building

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we have no no problems with right they're going to put them on the residential side because there

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are there are two sides there are four sides but the main side off of berkeley and the small street

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Roberts those are residential properties and if you put signs in it it shines right into the

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windows of people who are trying to go to sleep prior to 10 o'clock I just didn't understand the

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timer but the whole thing comes down is that we support and start installation but only on the

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two sides on the expressway side and the train side only on the non-residential side we have

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problem with. Thank you. Thank you very much for taking this time. Is there anyone

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else in the virtual audience? I see no other hands, Chair. Planning Commission.

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Sarah unmute. Thank you, sir.

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Philadelphia City Planning Commission. The comprehensive plan recommends no

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change to the existing commercial mixed-use zoning. The appellant has not supported a hardship claim

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with evidence of unique physical circumstances or conditions of the property. The City Planning

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Commission recommends that the zoning board deny the variance. Thank you, Asar. Hillary, can I put

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it up for that Roberts Avenue side? Can we put the timer on, a set of time for that?

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um we we can set um an hour do a proviso for hours of illumination

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so and they can do that either by timer or manually or however

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they decide that they wish to do it so we go 10p to 6a is that okay

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mr console that be acceptable yes okay okay all right so mi 2023 so mr chair just to clarify

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If I, so you might want to, if, if I think you were saying the hours that it wouldn't

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be illuminated.

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No, I'll, I'll, I'll do the time that they're going to be eliminated.

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Okay.

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Thank you.

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Thank you.

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MI 2023-005-997-4433 Wayne Avenue.

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I vote yes with proviso.

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Signed to be eliminated 6A to 10P on the Robert Street side, Roberts Avenue side.

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Thomas Holloman, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you.

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Thank you.

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Thank you, counsel.

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Number seven, MI 2023-006-087, 1017-21 Palmer Street.

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Alan Nockamson is the attorney.

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There's a letter of opposition from Fishtown Neighbors.

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there's a letter of opposition from council member

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There's a letter of opposition from Councilmember Scuola, and there's a letter of opposition from a neighbor on Palmer Street.

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Squilla and there's a letter of opposition

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from

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The applicant has provided 21 neighbors based on 10 dwelling units.

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Mr. Nockamson.

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Board of Allyn Nockamson.

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Thank you, Mr. Nockamson.

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As you know, you've already been sworn.

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Could you identify your client?

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Yes, my client is Palmer Street is Neat, LLC. In the virtual audience, I have several members of the development team. I have Kerry Borish and Bob Shaw, who are members of the corporate property owner. I also have Kerry Jackson-Yontz, who is the architect of record for this project.

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Our vice chair has a few questions for you, sir.

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Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulate towards accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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Yes, we have.

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Thank you. Please proceed.

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So I'm here to present 1017-21 East Palmer Street.

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We'll go through this project.

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it has we have dramatically through community input reduced the density of the project going

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from 19 units to 10 we've reduced the height of the project by going from 51 and a half feet to

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40 feet eight inches we've done changes in terms of increasing the size in the mail room increase

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doubling the bike, uh, storage, the lobby, um, and the trash room. Uh, and we've increased

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landscaping this project. I, you know, again, the elephant in the room is this, the community is,

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you know, has, has issued or FNA has issued a letter of opposition. And that was based on

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13 units where we went down from 19 units. Um, now we're at a one-to-one ratio, 10 to 10,

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10 residential units and 10 parking spaces. And you'll see through the project that, you know,

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based on where we're located in the neighborhood, you know, it would be very challenging,

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if not impossible, for us to build a by-ride project. And, you know, again, we're trying to

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work with the neighborhood and have a responsible project. And I do believe that, you know,

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sometimes you got to look at where we started and how we got there. And I think where we

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have landed is a responsible project that we hope the ZBA will approve by way of variance.

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So first, we'll review the notice of refusal, and then we'll do the correspondence from the

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Fishtown Neighbors Association, and we're going to direct and we're going to respond to every one

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of their points, the good, the bad, and the ugly. And, you know, through that, you'll get a flavor

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of why we think that this is a responsible project that the city's zoning board of

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adjustments should grant. And then we have revised plans based on those modifications we made based

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on community input. And then we have a petition that we circulated of neighbors who are in support

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of this project, as well as maps of the area, photographs of the property, our plans and

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drawings, our RCO meeting notice, our application for appeal, our deeds of property, and our

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certificate of tax clearance showing that this property owner is in good standing with respect

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to real estate taxes. Again, in the virtual audience, I have Kerry Borish, who's going to

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read a statement. This has been a long project in terms of us, where we started and where we have

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ended up. And he wants to kind of explain his thoughts as well. I have Bob Shaw, his business

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partner. He may or may not be necessary. We'll see what community input we have as well. And then

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And same thing with Carrie Jackson-Yonce, the architect for the project, who's with Cano Architects, who can give some flavor and input about some technical matters if necessary.

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So our notice refusal.

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So this is an RSA 5 property, but you'll see in the area of Fishtown where we're at, that is probably not the correct zoning classification.

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If you go to the right of where we are, same type of configuration, that's an RM1 property.

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Given our significant lot size, we would be allowed 11 units as of right.

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So what we were originally offering of 19 units, you know, we admittedly was a little aggressive, but we thought that that, given where we're located in the neighborhood, we thought that that was an appropriate.

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But we thought that that, given where we're located in the neighborhood, we thought that that was an appropriate use, especially since we're providing off-street parking, which is not required in R&1.

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But given the 19 units, we thought, and given that we're right off of 95, you can almost leap off of 95, we thought that that was appropriate under circumstances.

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But, you know, based on several community meetings, input generally in the neighborhood, we have now reduced the amount of dwelling units from 19 to 10.

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We've kept to 10 parking spots.

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So now we have a one-to-one ratio.

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We have a bigger trash room.

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We have additional bike storage for, you know, or storage for bike bicycles.

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We have a more pronounced lobby area.

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We have additional landscaping.

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So we have tried to meet as many of the needs of the community that we can, obviously, other than trying to do a buy-write project with an irregular-shaped lot, which goes to our undue hardship.

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So we have several refusals, the first of which is, in a way, almost self-inflicted.

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We want to provide parking.

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We think that's the responsible thing to do.

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That's why we have 10 parking spots, you know, with dedicated to these 10 units.

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So, again, in a way self-inflicted, but we're trying to be responsible.

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Where we're putting the curb cuts on Salmon Street is there is no public parking in front of us on Salmon Street.

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So by creating those curb cuts, it's actually a positive impact to the community.

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And you'll see also that across the street from us

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is additional public parking.

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So we don't need the parking,

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but we thought that that was a responsible thing to do

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as the community grows.

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You don't look at just today,

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you look at 10 years from then.

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Second refusal has to do with the amount of dwelling units.

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We proposed 19 dwelling units.

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Again, looking at the situation,

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hearing from the neighborhood,

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we went down to 10 dwelling units.

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There reaches a point where we have to be able to

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build responsibly and we think we have with those 10 dwelling units and we have an economically

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feasible project with 10 dwelling units anything less than that we could not build in this

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environment of rising interest rates and you know the rise of construction materials it would be

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impossible for us to build three single family homes here in addition to the fact of where we're

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located in the neighborhood and you'll see right we're right off with 95 and you know you'll also

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see as part of our presentation there was an article recently by the philadelphia inquirer

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saying that 95 and the whining in 95 is is is causing a lot of issues with row homes in philadelphia

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like ours that that that that the community is dictating that we create there it would not

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survive there it would not be economically viable no one would purchase this property because if

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you'll see the bend of 95 we're right against 95 they the third refusal has to do about the height

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of their property again you know we're providing parking on their ground floor um which also by

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the way the reason is is because you'll see this like almost like strobe light like you know you

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know structured that's across the street from us to provide really really really bright lighting

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because this has been you know they've had some crime issues around here so for safety purposes

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they've created this extreme lighting that you would know you would kind of see almost like

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i'm a adjunct professor at the fox business school and so i teach at temple and so you know

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i visit the temple campus once in a while well every monday unless i'm virtually teaching classes

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but you see that same type of lighting at temple and it's it's it's good for safety purposes but

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can you imagine living across the street from like where you're going to see the lighting that

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we have it's not viable that's why we created parking on the first floor so the people on the

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upper floors wouldn't have to deal with it great for safety not for living so that's why we're

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asking for the height variance is to create parking on the first floor so they won't be

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disturbed by the lighting. The next refusal has to do with maximum occupied area of 100%.

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Yes, we have maximum occupied area of 100%, but you'll see where we're located in relation to 95.

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