civus
Hearing video

ZBA Hearing - April 9, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 9, 20255h 27m

Again, you see it here.

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It's eight in favor and one in non-opposition.

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And then we had a petition also. My client basically got her nearby neighbors to support. So we said, you know, again, these properties are pretty massive. So, you know, having five people in support in this area where you have lots that are 20,000 square feet speaks volumes about those, you know, the fact that we do have overwhelming support here, even though quantity wise, it doesn't look like it.

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And then we also have, what's it called, you know, the letters as well behind them.

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Aerial view of the property.

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So this is what makes it very unique.

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Here's Overbrook.

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Here is our client's property.

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And here's the dilapidated structure.

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There's a driveway as well that leads to our property.

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And she just wants to take this dilapidated structure, add a second story to it.

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Again, it's historic in nature.

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So we're trying to preserve a piece of history of Overbrook in a way.

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And again, just to give you an idea of where the structure is, this is a non-conforming structure.

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All we're trying to do is expand the use of that non-conforming structure by adding a second story and continuing its single-use nature of the property.

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and then this is just maps of the area from a zoning and the google maps perspective

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photographs of the property from the front of the property uh the hearing notice poster

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um that we you know we've we placed on the property at least 21 days beforehand

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uh this is over brook uh property or avenue to the right of the property to the left of the

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property this is our structure so it's historic um and it definitely needs some tlc there

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and then these are our plans so like we're trying to obviously renovate this property

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and add a second story in character to historic nature of this neighborhood as well as the

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building structure as well uh what you would see here is we created a front entryway

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which has a half bath you have a kitchen you have a dining area you have a living room

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the lower level would be just for utility use only and then you have a second story here with

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a home office a flex space place you know and then a master or primary suite

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RCO meeting notice we met on February 26th at 6 p.m.

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Virtually proof of emailing of that notice

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Proof of emailing of that notice showing that we mailed it appropriately to addresses within

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showing that we mailed it appropriately.

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the 250 square foot radius. There were 29 addresses here. List of the addresses, proof of mailing or

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application for appeal that we filed on Dr. Fess' behalf. Loaned and notice of refusal,

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project information form, deed to the property showing that she owns the property,

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and finally, Certificate of Tax Clearance.

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I'm going to stop sharing my screen.

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I would ask that Dr. Fast be sworn in.

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Mike, could you please state your name

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and spell for the stenographer?

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John Fast, Z-H-A-N-N-A-F-A-S-T.

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Right.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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Yes.

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Just get closer to the mic.

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Yes.

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Okay.

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Please proceed, counsel.

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Yeah.

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Yes, Dr. Fast,

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you heard everything I had to state today

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about your zoning matter.

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Yes.

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Is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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Alan, do they have a property there already?

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Do they have a structure next door?

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Is that what that was?

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Yeah, those are two single-family homes.

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There's a single-family home to the left of us

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and to the right of us.

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And she owns one of them?

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No.

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This will be her single-family home.

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Oh, okay.

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Yeah.

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All right, okay.

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All right, thank you.

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Questions from the board.

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yeah it's a great law this is a very large lot and so i guess my question is what drove the

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decision not to put back another single family home that's more in line with the contacts in

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the rest of the neighborhood and maintain the garage structure as a garage you can answer

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i got the approval for the single family when you get closer to the mic i got the approval for the

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single-family home, but by the historical commission requirements for the height and

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the mass of the building, as well as materials, it was way too expensive to build.

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She just wants to use it as a single-family home, and given the historic nature of the

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property or the structure, it's rather expensive to renovate that property and then just in

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general to you know to put a larger structure um on the properties just would be cost prohibitive

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to her i get that no i was gonna say then what's the long-term plan for the rest of the lot one i

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mean at 19 000 square feet this is gonna have really expensive taxes right because at this

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point we're gonna have the smallest possible built building on it um i'm just trying to

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understand like the long-term plan i think i'm also concerned because the historic structure

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was a garage and is at the edge of the property, which like typically the garage wouldn't have had

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a single family use or two stories. And like, what does that mean for the function

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of it to sit on the property line so close to other properties behind it?

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With regards to the assessment of the property or the tax assessment, funny you mentioned that

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because I was talking to my client about that, you know, in the hearing room, the property is

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worth what it's worth. I know it's a rather large piece of land, but it's not the potential of what

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it's worth. And it's a single family structure that's going to have a built, a single family

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lot that's going to have a building structure of 1200 square feet on it. You know, what the future

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holds. I mean, I don't know if Dr. Fast knows, but she really likes the neighborhood. And she

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wants to live there and uses a single family structure. And we, you know, she purposefully

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reached out to the neighbors who would be most directly impacted and those individuals had no

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objection to the use of the property as a single-family home back there all the questions

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oh well no no no i'm going to open it up later to the audience okay so once we're done um

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uh questions from our attorney no mr chair questions or comments from the virtual audience

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Yeah, yeah, yeah.

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Wait a second.

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Why don't you sit down?

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Why don't you sit down?

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Why don't you state your name and spell for the stodopper?

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I'm sorry, I cannot hear.

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You need to turn the mic on.

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Oh, pardon me.

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Good afternoon, everyone.

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Nasir Asan Nordin.

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For the record, I would like to share.

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No, no, no, wait a minute.

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Wait a minute.

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Do you swear or affirm to tell the truth,

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told truth, nothing but the truth?

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I do.

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And could you spell your name for this?

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Yes, first name is Nasir, N-A-S-I-R. Last name is Nordin, N-U-R-I-D-D-I-N.

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Yes, first name is Nasir, N-A-S-I-R.

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Last name is Nordin, N-U-R-I-D.

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My question is because I don't see any community members in the Zoom or present.

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Maybe there are, there aren't. Mr. Nockmson did mention that there was a community meeting.

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Are you a neighbor?

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No, I don't live in that area, but I do have concerns.

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What's your concerns?

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My concern is because there's nobody present in the area, I would like to know, was there a vote summary done?

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Was that information presented?

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Yes.

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Okay.

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So there is support with the...

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All right.

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Yep.

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All right.

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Well, that was it.

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All right.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Sure.

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Anyone else in the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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amy boy with the planning commission the comprehensive plan recommends no change in

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zoning at this location from the existing single family residential rsd3 the previous structure on

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this foundation was a garage but the proposal is for residents very close to the property line

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of a large empty lot the appellant has not demonstrated that there are unique physical

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conditions or circumstances that would prevent the property from being used in conformance with

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dimensional standards the planning commission recommends that the board deny the requested

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variance for rear yard and side yard depths in the response mr chair sure this is the only

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building structure on the lot it's a non-conforming structure my client wants to use it as a single

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family home and renovate and revitalize a proper a structure that's dilapidated her nearby neighbors

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are in support of that endeavor thank you mi 2024 007 536 59 11 overbrook i vote yes

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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My vote is no.

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Thank you.

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You have your votes.

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Thank you.

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You're staying, right?

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MI 2024-007-539-5236 North Broad Street.

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Mr. Nockamson, just state your name for the record.

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Alan Nockamson.

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Okay.

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Could you identify your client, the relationship to the property?

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Yes, my client is Lovish Real Estate LLC.

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

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I did.

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Counsel, didn't we receive some information?

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Yes, we received a letter of opposition.

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We have a letter of opposition that came in a little while ago.

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Well, so again, my under...

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Okay, all right.

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All right, we'll get to the letter of opposition.

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And I just want to make sure you know that that's the case, okay?

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So why don't you start your presentation like you normally would, and we'll go from there, okay?

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All right, sounds great.

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So just to begin, at the request of the community, we are requesting that the board holds this for a vote so we can have further community input.

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Okay.

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all right so unlike the other presentation and this presentation is about a special exception

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the standard is much different than when you would request a variance so this use is

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conditionally approved under the philadelphia zoning code and what we're seeking to have here

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is a senior living facility um here on north broad street right so 5236-38 north broad street

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so during our presentation we'll be reviewing the notice of referral we did not have any

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correspondence before this hearing so this is the first i'm hearing any well that's why i told you

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we'll make sure you get caught yeah okay yes um but we did do a petition of nearby neighbors

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I did talk to the council members, Zoney A. Charles Richardson. He does have some issues with the petition in that there's no record of these individuals living there. All I can tell you is that the person who circulated the petition does that a lot for our office.

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And we honestly state here to the addresses that are within the affected area, knock on

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the doors and, you know, you know, obviously get their position.

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So all I can tell you is that's what our office did.

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And that's what the person who circulated the petition did.

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I can't speak as to whether that person owns the property or if there's any record of that,

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but that's what we do as an office.

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We, the property history is this, this was a home for foster children some time ago.

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Now we're doing the opposite effect. Instead of having a group home for younger people, we're having a group home for older people, which is honestly a lesser use.

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You know, none of these people really have cars. They're light use, not 10 knots.

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None of these people really have cars.

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Light use tend not to be as active as children.

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But you'll also see that we do have parking in the rear, significant parking in the rear.

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A little bit about my client, Care Nest Homes.

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We'll talk to Rashida Robinson, who's to the left of me.

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