civus
Hearing video

ZBA Hearing - April 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 14, 20214h 16m

the owner of germantown pizza next door um and more this is more of a social societal issue

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with the remapping of all these properties as single family dwellings with construction costs

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being what they are what's continuing to happen not just throughout this neighborhood but throughout

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neighborhoods in the city is that new constructions being built the necessary cost new

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construction or driving out longer-term residents, we simply can't afford to stay anymore. It's the

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big, you know, G word, gentrification we hear at every meeting. And respectfully, because this is

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already a multifamily block, because my client's been here for 20 years, 20 plus years, frankly,

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he has an ownership stake in Cousins. He goes to the mosque down the street. This isn't some

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out-of-town developer trying to make a buck. He's trying to fix up properties that he owns.

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And by having three units rather than one new single-family dwelling, it allows them more

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affordable price point for residents who've been around for a while. It's not going to be pushing

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them out. Whereas new construction is going to be upwards of $400,000 easy. And that's not

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necessarily within the goals of every RCO in the area. It's not necessarily within the goals of

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everybody who lives there, either currently or who wants to in the future. Leo, where's the

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closest multifamily? Immediately next door. There's a two-family dwelling directly to the north.

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uh immediately next door there's a two-family dwelling directly to the north there's a i'll

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get to the pictures of the members of the board just in summation at 45 through a lot of pages

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there's zoning history uh showing that it's been multi-family for quite some time

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let's see beginning at page 63 we have member we have people who have written from the mosque uh

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and the academy in support of Mr. Muhammad.

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And you can see, I just asked that they be incorporated in the record.

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There's voluminous letters.

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All right.

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And so now members of the board getting to my posting photos to page 127.

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I posted this many times.

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You can see my old sign.

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This is page 127 for the record.

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So this is the existing structure.

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It's multifamily.

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There's two doors.

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directly to the south, multifamily, two doors down, multifamily.

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There's a four or five family dwelling a little bit further down the block that I have better

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pictures on as well. This is the new construction, not the project that I represent, which is up to

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the left here, just outside of the scope of this photograph. But this is all new multifamily

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across the street at page 130. Okay, now I'm looking at page 133, members of the

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board. This kind of pink stucco house, two entrances, it's at least two families. This is

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directly to the north of our property. Let's see if I have more pictures of the other multifamily

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for purpose of the record. I incorporate the rest of these photos for time's sake into my

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presentation. So here we go. This is this tan stucco at 148. This is my client's existing home

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that needs, it's in poor shape, it needs to be demoed and rebuilt. Two families or three families

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at this point the vacant lot two families to the north at least two families to the south

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three families to the south on the same block at least three families another door down this

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vacant structure which i believe is at 1502 was two family dwelling at some point now i believe

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it's vacant this is around the corner two family dwelling our block is directly up the street

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indicating to the left with my cursor.

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That's at page 153.

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Now getting to the plans, members of the board.

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So new structure being built.

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These are the existing homes on the block.

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These two red brick structures are our proposed structures.

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Page 156, this is an overhead view showing the massing.

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These are our zoning location site plan.

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more or less, so the lots themselves are 16 feet wide.

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They're gonna have a roof deck, compressors on the top,

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egress well to the rear, rear yards with gates,

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and the rear yards themselves are substantial,

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they're about 10 feet deep.

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But because the lots are 16, we have a 10 foot rear yard,

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and we even have a little bit extra area

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for utility meters, it just doesn't quite meet

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the open area required.

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Floor plans are identical for each property.

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The basement, we have a den area, multi-purpose room,

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whatever you want to do with it. Optional bath, we wish to put that in. For right now, we have it

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there. Extra bathrooms are always great. We have mechanicals. First floor, unit one is 1,100 square

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feet, so pretty decently sized, bigger than many row homes in the area. Live-in, kitchen, bath,

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and then we have a bedroom suite to the side and another bedroom to the rear. Could be used as a

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home office as well. Second floor, unit two, 1,100 square feet, similar layout. Unit three,

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1,100 square feet, similar layout, then a roof with a roof deck.

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Going to page 160, this is just the side section. We're not even going to the full 38 feet. We're

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trying to keep it a little bit lower within the scope of the adjacent properties. We will be a

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little bit taller, but we're not going to be towering over them. So 34 foot seven. Pilot house

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is set back from the front and the back and we have the setbacks roof deck both in the front

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and the back of the properties. That is the entirety of my presentation members of the

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board. I'll go back to my rendering so everyone can see that and I'll be happy to entertain any

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questions at this time. Mr. Rushdie are you on the line and if you are would you please

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raise your hand so we can get you unmuted.

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Okay, maybe not.

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So in any case, I do swear and affirm that everything

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I've said is true to the best of my knowledge, information

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and belief, even if Mr. Rushdie is

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either unable to make it this morning or

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is not able to unmute his phone at this

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point. I'm happy to entertain any questions.

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Does the board have any questions?

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No.

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No.

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Is there anyone in the virtual audience who would like to testify?

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Madam Vice Chair, we have Sloan Fulks with his hand up.

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Okay.

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Mr. Fulks, you can unmute yourself and speak now.

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Thank you very much.

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Good morning, Madam Co-Chair, members of the CBE.

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board. Yes, ma'am. Thank you. My name is Sloan Fuchs, S-L-O-A-N-E-F-S-A-F-I-R-O-L-K-S,

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Office of Councilwoman Maria Cunha Sanchez, room 508 City Hall. Thank you. Do you swear

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for them to tell the whole truth and nothing but the truth? Yes, ma'am, I do. Okay. The applicant

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having received a letter from the according RCO offering opposition, the Councilwoman does not

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support this obvious request thank you very much okay calendar is there anyone else i'd just like

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to reiterate members of the board there's pre-existing multi-family clients a long-time

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resident business owner in the area numerous letters of support from members of the community

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you saw how many there were uh versus the vote uh that was taken to south kensington i will note as

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well that I appreciate South Kennington's vision for the neighborhood, but specifically this block

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perhaps is not the best place to continue to put single-family homes when it's already a

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multifamily block. It will only continue to drive up prices in the neighborhood and drive out

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long-term residents. Thank you. Planning Commission. Thank you, Chair Tenari. Ian Hegarty

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for the Philadelphia City Planning Commission, H-E-G-A-R-T-Y.

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Do you swear if I'm to tell the whole truth and nothing but the truth?

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I do. Thank you.

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Okay. Good morning.

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Members of the board, in 2016, the zoning map was amended in this area

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in accord with the recommendations from the comprehensive plan

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and with the support of the community.

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This parcel was intentionally not changed.

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This block has been zoned for single-family use since 1978.

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All right, so this appellant's hardship claim is not substantiated by unique physical circumstances or conditions of the property, which is required for use variances, especially since the intent here is to demolish the existing non-conforming building and build new structures.

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We acknowledge the presence of some of the adjacent non-conforming uses nearby.

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However, we also reject the argument that the proposed use should be allowed for new construction based on those non-conforming uses.

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The appellant is essentially asking the zoning board to amend the zoning map for this block, which we reject.

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The City Planning Commission recommends that the zoning board deny the variance request.

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We have no objection to the dimensional variances given the through-lot condition.

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okay thank you does the board have any questions

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no what's the hardship counselor the hardships are largely financial

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and the fact that there's already pre-existing multi-family on the block specifically on the

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parcel at 1522 now specifically that's been multi-family for years I believe it's been

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multifamily prior to the remapping that was referenced by Mr.

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Haggerty. Specifically as well, I understand that the

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there we go, one moment, please. Like, as I said, my computer is

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being a little slow today. Specifically as well, this zoning

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area is a large mix. Well, while my initial map only focused on

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our area itself, what I'll do now members of the board to

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substantiate my claim is maybe share. So members of the board, what I'm now showing, I believe,

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is the Philadelphia Atlas zoning map, a live view thereof. I'm going to zoom out so we get a better

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sense as to what kind of mix this neighborhood is. All right. So this parcel here, which is

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now zoned RM1, this was the project that I represented that I was discussing earlier.

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this irmx parcel that i'm indicating with my cursor this let me actually do this that's better

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this is the old uh gretz brewing company and we have a mix of rm1 icmx irmx cmx2 all throughout

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the area we have the park here so it's not as though this is unprecedented either under the

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zoning map itself we have the fifth street corridor here uh or on the block itself with

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respect to pre-existing non-conforming uses. We're not asking for anything new by any stretch

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of the imagination. We're asking only to be continued to essentially take a house that's

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in disrepair due to age kind of degradation. My client's done the best job.

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disrepair due to age kind of degradation my clients done the best job he could to make the

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building look good and to keep up with it but sometimes old buildings just start to deteriorate

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and that's kind of where we're getting with this structure as well which is why we're proposing the

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new construction where the existing multi-family already is that's the hardship for the 22 lot

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and for the 24 lot since we're doing this project it makes sense to do it right next to it again

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to allow long-term residents to stay in the neighborhood

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and to not continue to drive up prices in the neighborhood as well.

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So considering the totality of the circumstances here,

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the existing zoning map, the existing multifamily on the block,

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that's our hardship request.

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Thank you.

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Okay.

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Calendars.

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Well, I'll do each one.

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Calendar number 3247, 1522 North 4th Street, and calendar number 1853, 1524 North 4th Street.

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There's a lot of neighbor support, and I know the RCO is opposed to it, but my vote is yes, on both.

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Yes to both.

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Yes to both.

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Thank you.

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thank you members of the board sure calendar number one five two five one zero three seven

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folk rod street the attorney is i'm going to try this arson um excuse me

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miss tenary that was um folk rod street was continued

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was you are absolutely right okay number two

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calendar number three two five five twelve eleven peter street zenzhen

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is the attorney vice chair i'm promoting him to panelists now thank you

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he's coming back in as a panelist okay

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good morning good morning mr jen can you put your name and address on the record and spell

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your last name yes then jen z h e n last name j i n 1617 john f kennedy boulevard suite 1838

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Philadelphia PA 19103. Do you swear for him to tell the whole truth and nothing but the truth?

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I do. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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

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referral, photos, and or plans of the property five days in advance of this hearing? And have

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you met with the RCO? And do you have a letter? Yes to all. Okay, you may proceed.

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Thank you. Good morning. This is an application with some variances relating to dimensional setup. I'm going to go ahead and share the information with the board.

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Here we have submitted the refusal, RCO's non-opposition, photos, plans, tax clearance deed, and the hearing notice.

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The refusal itself states that this lot is missing both the minimum open area as well as

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the rear yard depth that is normally required. The reason we are asking for these dimensional

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variances with this particular lot to use as a single family dwelling is because this is a small

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street with very narrow lots. The plans actually shows that what we are really proposing is

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essentially the same property or the same building that is already existing on the block. We're

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filling a gap here. There was some lot adjustments that were done before. Existing properties were

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built, but what we're really here for is for a new smaller lot to be developed at the same depth

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and essentially the same massing as the existing properties next door

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that were built beforehand by the same developer.

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So we received non-opposition from the community in this situation

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because they do understand that this is...

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Oh, wait, I'm sorry. My apologies.

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They do understand that the sit-yard...

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The sit-yard, I'm sorry.

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The setback in the rear yard does match the existing two neighboring properties.

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therefore they voted in non-opposition to our request. And again this is a filler of a gap

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within the block and once it's done it will be uniform with other existing properties. So we

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would ask for a favorable review of this application for the two-dimensional variances.

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review of this application for the two-dimensional variances because they would allow us to match

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what is existing on the block. I would be happy to answer any questions from the board

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at this time or show any other exhibits as needed. We do have a letter from the Paschon

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Square Civic Association which is a letter of non-opposition and a letter of non-opposition

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from councilman squilla does anyone on the board have questions no planning commission

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thank you uh i know i didn't forget i apologize thank you

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