civus
Hearing video

ZBA Hearing - October 21, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20206h 33m

And then we have the zoning context sheets and plans along with the tax clearance.

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Similarly, with this plan, we are going to be, if the board chooses to approve it,

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we're going to be asking that the board approve the revised plans,

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which were presented to the RCO with a proviso sheet as requested. With this, again, since we

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have support from the community, I could turn this over to Mr. Roller, who can walk you through

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the plans. Yeah, so basically, as Matt had mentioned, as you can see, our property is split

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zone. It's CMX2 in the front and RSA5 in the back. Previously, there was a by-right building

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that we designed and permitted with commercial to first floor and residents above on Hammerford

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Avenue. This is the rear of that parcel. We are proposing an additional structure on Mount Vernon

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Street. Would the entire parcel be zone CMX2? We would not be here for the number of units.

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It is consistent with what be allowed in this lot area. And then other than having the second

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building on the lot, which faces Mount Vernon Street, we are not asking for any dimensional

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refusals for complying with the heightened open area. Matt, if you could go to the next slide.

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So here you can see the additional building in context. There are a series of vacant lots and

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other buildings running on Mount Vernon Street, including multi-families directly across the

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street from us which front on 35th Street. And the vacant lots at the corner immediately adjacent

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to us to the east are also zoned RM1 for when those get developed. If you could go to the next

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slide. So overall floor plans, we have five units, two at the first floor with some interior trash

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storage for commercial trash pickup, and then two units at the second floor. And if you could

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go to the next slide, Matt, there is one unit at the third floor, which you just skipped over.

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And then next slide from the exterior, we have a red brick two-story facade

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with cornice and then detailed like an addition for the top, primarily being that all the buildings

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to the west of us on Mount Vernon Street are two-story buildings, and then the buildings that

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are to the east of us and across the street are three-story buildings. So we're trying to

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blend between those two things. That's it for my presentation, so I'm happy to answer any

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questions you have. Thank you. Mr. Monroe, do you need a witness? I do, and again, I'm going to ask

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Rick Young from Westview Development Partners and Susan Callanan to raise their virtual hands.

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Rick Young, you're still under oath. Thank you. Just identify yourself for the record.

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Rick. Thank you, Mr. Young. Did you hear the factual statements that I made in my presentation?

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I did. Do you adopt them as your testimony? I do. Thank you.

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in any questions from the board no no no anyone else would like to testify in this case if so

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please raise your hand no hands at this time thank you planning commission good morning

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david effecto city planning commission mr chairman and members of the board this property

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is recommended for residential use in the city's comprehensive plan this proposal as well came to

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this to the city planning commission for review from the redevelopment authority the commission

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voted to approve this proposal therefore we have no objection thank you mi-2020-001089

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3509 Haverford Avenue my vote is yes my vote is yes my vote is yes my vote is yes

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next one up is Leo

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Mr. Chairman Chico was that with the proviso to adopt I'm sorry how many pages

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it's I believe it's just one page sorry about that let's go back and do that apologize

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it's going to be two pages sorry oh it's two pages thank you sorry about that all right

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mi-2020-001089-3509 Haverford Avenue my vote is yes with the proviso revised plan two pages

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approved today yes with proviso yes with proviso and I hate to complicate things but I didn't

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catch if, and thank you, uh, on the, uh, on, uh, 3,300 and 3316 Mantua, whether the, uh,

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on 3300 and 3316 Mantua whether the approval was with the revised plans and proviso.

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I didn't know there was a revised plan but we'll go back and and what was the proviso?

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The proviso was simply to adopt the revised plans that were also presented.

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How many pages for each? Each one is one page.

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And this is Sharon Sletta. Can I ask what the revisions are?

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yeah let's see um yeah i can open these up uh just one second rusting i'm sorry i missed that

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totally so sorry about that oh no i i i should have caught it in uh in the boat um but here we

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can uh open this up and just one moment okay

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so yeah yeah i'm sharing uh my screen uh the plan for to provide uh days for the facade

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uh actual induction for the facade uh articulation and this is uh for the streets department

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with modified access gates i apologize for my dogs um those changes are fine thank you

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no worries all right so we have to go back and we have to revote mantua avenue cases correct

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okay all right so it's mi 2020-001090 3300 mantua avenue my vote is yes with reviso revised

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plan one page approved today yes with proviso to both yes proviso yes proviso i'm going to read

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the other one in mi 2020-001088 3316 mantua avenue my vote is yes with proviso revised plan

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one page approved today yes for proviso yes for proviso yes with proviso we already corrected

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the Haverford Avenue right correct yeah thank you thank you very much apologize again no thank you

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very much I'm sorry I missed it the first time no problem next one up is Leo Mulvihill's case

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MI 2020-000377 126 East Street

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all right good morning chairman members of the board do you swear or affirm to tell the truth

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the whole truth for nothing but the truth i do and do you agree to waive the reading of its

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refusal and speculate to its accuracy i do also have you emailed an exhibit packet with the

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required documents proof of ownership proof of tax compliance copy of the refusal or referral

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quotas and plans five days prior to this hearing? I have. Thank you. Have you met with the RCO and

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have a letter? Yes. Thank you. Please proceed. So good morning, Chairman, members of the board.

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Commander Leo Mulvihill reporting in from the USS York Street, call sign NCSuite 111 in the

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Philadelphia sector. Location is 19125. Members of the board, I apologize for the technical

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difficulties earlier. We had some problems with our subspace communications array, but I believe

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that our engineering department has now fixed that. Members of the board, we're here today for

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essentially the legalization of one All Street parking space. I'll begin with showing a Google

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Maps view of the affected property from July 2019 so that everybody can get a better sense as to

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what's going on in three dimensions before I get on to my presentation. So members of the board,

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what I'm showing now on my screen and I hope you all see is basically a parking stall that's

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located in between an off-street garage and a two-story gray stucco structure. It's approximately

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20-some feet wide. You see a black Range Rover parked there. That is the site that we're speaking

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of today. This property is located just north of Crescent Street. I'm going to rotate so we're

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looking north on East Street at this point. And members of the board are now rotating.

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So we're looking directly across the street from the subject property where you can see

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several new construction homes with both garages and all street parking pads for two

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units. Additionally, a little further up the block, we have this box indicated for no parking

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for all street parking, next to this white stucco structure with the red door, and rotate

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Next to this white stucco structure with the red door, and rotating to the right, we have another driveway on the opposite side of the street for rear access off-street parking.

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to the right.

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With that put aside, we now all have an idea as to what we're looking at here.

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I'll move to my zoning packet.

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I'm here today on behalf of SP, as in Paul, D, as in Delta, Investments, LLC.

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Principal is Pat Duffy.

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Mr. Duffy was unfortunately not able to make it onto the presentation today, so I will be flying solo.

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For purposes of the record, I have the refusal appeal and project information form at page 1.

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Heria's zoning maps are page 6. This is an RSA 5 district.

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Deed is at page 7.

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The commercial activity license tax clearance information is at page 14.

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My zoning letter and proof of mailing is at page 15.

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Letter from the RCO is at page 18. That came a little late.

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I received it late Monday and sent that to the board under separate cover, but in this packet,

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I have just simply added it to what we have. I have photos of the property at page 20 and then

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the plans at page 30. So members of the board, I'm going to move specifically to first the refusal to

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address that matter. Essentially what we're seeking is for an existing newly built single

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family home, accessory Wall Street parking. That parking pad that I showed you earlier has since

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been removed, a new home has been constructed, and whether it was something that the initial

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designers missed or decided to change after the fact, now that the home is built, they're seeking

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to get that all street parking back in the form of one garage and one all street parking pad.

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We've received a refusal for that because this is an RSA 5 zoning district.

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What I'm showing now on the screen, members of the board, page six in my packet,

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is the overhead shot of the property from Philadelphia Atlas indicated with that blue dot

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and the property itself indicated in that dark blue in the RSA 5 zoning district right off of

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Crescent Street on east. This is the deed for the property at page 7.

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My client's commercial activity license number and the tax clearance at page 14.

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17, my notification letter that was sent, proof of mailing at page 17.

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We met with the RCO, West Tahitian Neighbors Civic Association, ultimately after our presentation

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even though they acknowledged that this was previously a parking pad, the near neighbors

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were opposed somewhat quizzically because they didn't want to set a precedent on the

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block for all street pad parking. Members of the board, I suggest that the all street parking that

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previously existed here had existed for at least 20 years from what I understand from speaking with

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members that were present at the meeting. You can see there's a garage directly adjacent to

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our property which is accessory to the corner bar at Crescent and East Street and directly across

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the street we have several homes that are set back with all street parking and garages. So we're not

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asking for anything out of the ordinary here. In fact, all we're asking for is something that if it

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been caught earlier, we would have gotten when the initial zoning application was submitted,

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when we were seeking to build the house to begin with.

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At page 20, this is just a still shot of the previously shown site. Page 22, this is the

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zoning notice posted on the property. I'm sorry, page 21 rather. This is page 22. This is the site

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as it exists now. The home has been constructed. You can see that parking garage accessory to the

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bar directly to the left of the existing home. Where this port-a-potty is currently located

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for on-site construction, you can see what will be a garage door to allow for interior

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parking. The house itself is set back to allow for a parking pad space as well, which will

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not encroach upon the pavement. I'll go move through the rest of the live photos that I

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took. This is again looking northbound on East Street, directly to the left of the photo

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here on page 23, you can see those all street parking pads. Up the block, that house with that

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red door, you can see the all street parking area as well. This is looking southbound towards Crescent.

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Northbound with a better view of across the street,

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directly across the street indicating the all street parking.

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Another shot of across the street down towards Crescent, southbound on Crescent.

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this is the property itself again with the setback uh area to allow for all street parking as well

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i'm going to interrupt you for if i could i don't want to lose my train of thought what is the width

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of that opening and the new construction the home that we're that's already built on this

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the pad for the pad the width of the pad now moving to the actual drawing itself right now

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members of the board. I'm zooming in on that. Waiting for that. I'm going to compare that to what the width of the.

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waiting for that i'm going to compare that to what the width of the pad was prior to the new

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construction yeah so the width of the pad prior to the new construction members of the board as i

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wait for this pdf to render the existing property width is 21 feet six inches as indicated on this

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plan the parking pad was or curb cut was previously about that wide probably about 22 because these

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curb cuts are always a little bit bigger than the property themselves what we've done then

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essentially is shrink that from 22 feet, give or take to eight foot eight. So we're giving back

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parking spot. Yeah, that's where I was getting it. Okay, thank you. And more or less, just looking

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at the site plan itself, we have the proposed one car interior parking garage stall, and then the

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open area parking stall within the property line. Both of these are of the standard size required

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under the code by taking essentially by shrinking this parking pad as it currently existed with the

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curb cut and proposing this we're giving one street spot back to the neighbors and taking

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two cars off the street so overall it's a net gain for the neighbors based on what had previously

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had been there the rest of my packet members of the board are just renderings of the property

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and interior floor plans those aren't necessarily germane to our application this rendering kind of

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shows what we could do with the property and what we expect to look like at its completion,

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including that all street parking pad with a full-size vehicle that does fit without encroaching

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on the sidewalk. If you'd like to see the floor plans, I'm happy to show those as well. But members

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of the board, essentially all we're asking for is about half of what used to be there. We're taking

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cars off the street. There's previous precedent on the block for all street parking, both directly

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across the street, directly adjacent, and up the block from us on both the left and right side of

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street it's a net gain for the neighborhood overall so with that presented members of the

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board i suggest that based on the dimensions of the lot the fact that we're giving back

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street parking and taking two carts up the road themselves for purposes of parking that this is

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an overall benefit to the neighbors with respect to parking which is always at a premium and i

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request that you would vote in favor of our request for allowing the accessory all street

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parking interior space and the accessory all three parking pad space is indicated

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on page 31 currently on your screens. I'm happy to take any questions you may have at this time,

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members of the Board. Thank you. Do you have any witnesses? I don't have any witnesses. Unfortunately,

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my client was not able to make it today. No problem. Questions from the Board? No. No. No.

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Anyone who would like to testify in this case? If so, please raise your hand.

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We have a caller with the number ending in 917. You can unmute yourself and wait to be sworn in.

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Good morning, Chairman DiCicco. Can you hear me? This is Joe Bergen,

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President of the Neighborhood Association.

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Yes, please, Joe. Please identify yourself. Spell your first and last name.

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My first name is Joe. My last name is Bergen, B-E-R-G-A-N. I am the president of the lead RCO

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known as Wissahickon Neighbors Civic Association. We did meet with the applicant, as he stated,

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on October 5th. Joe, let me swear you in, please. You're swearing the firm to tell the truth,

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

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I just wanted to keep it very simple. Our opposition as the applicant's attorney did

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state is basically it will establish a precedent if we were to agree or disagree and we wanted to

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keep a consistent voice and that is our opposition to the pads in front of homes. He is correct it

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was a prior accessory use owned by the bar owner Mr. Vaccarelli on the corner who lived

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uh at 12080 street it was subdivided in 2019 we acknowledge that um and that's all i have to say

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thank you mr appreciate your time but just so you all understand this board uh looks at each

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case on an individual basis uh this will not in at least as far as i know as long as i've been

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here it doesn't set the precedent i think the precedent precedent has already been set on that

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block by the i guess more recent construction across the street uh so again we look at each

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of these cases uh on a case-by-case basis but thank you for your testimony is there anyone else

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who would like to testify in this case please raise your hand no other hands thank you planning

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commission good morning david fecto city planning commission mr chairman and members of the board

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This property is recommended for single-family use in the comprehensive plan.

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Due to the existing conditions for parking on this block,

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we have no objection to the application,

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which will reduce the impact of the curb cut on this street.

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reduce the impact of the curb cut uh on this street thank you mi-2020-000377

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126 east street my vote is yes my vote is yes my vote is yes my vote is yes

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thank you does that conclude this morning's list yes it does yes any um any unfinished business

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No, not for my end. Okay, with that in mind, we'll see everybody at two o'clock.

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