civus
Hearing video

ZBA Hearing - October 21, 2020

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

For community input.

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We need a specific...

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Oh, yes. So today is the 24th...

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Tanya will tell us. Thank you.

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Okay, so the earliest we will be able to do this

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is December.

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Okay, would December 2nd work or December 1st work?

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We can do December 2nd at 9.30, Chair.

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Okay, let's go proceed with the case

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and then when we close out,

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I'll put that in the record, thank you.

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Okay.

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Thank you.

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All right, may I share my screen?

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Yes, please.

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Again, my name is Allen Ockamson, I'm here to present 3929, 3931, and 3933-35, Ridge

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Avenue.

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And in front of you is a packet of materials which included eight exhibits.

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The first exhibit are the deeds to the various properties.

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The second exhibit, and an agreement of sale for 3933-35.

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The second exhibit, let me just get through this, are the tax clearance certificates showing

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that no taxes are due on count of any of these properties.

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The third exhibit is the notice of refusal.

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So these are RSA 5 properties. Even though we're at the corner of Ridge and Allegheny, where the property is currently being used as a one-story commercial unit, this is an RSA 5 property. It's over 4,000 square feet, a combined lot.

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and originally we're proposing to put 14 units into this property and two commercial units.

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We have had communications with the community where we believe that it's more appropriate based

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on community input to have lesser units, so we're looking to put eight dwelling units.

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In addition, we're looking to decrease the height in such a manner where it would be 35 feet,

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six inches the building structure so we would be eliminating the height variance which is one of

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the requests under the notice of refusal and we would also be eliminating the roof decks so that

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would that would eliminate the second one the second refusals uh which is the minimum roof

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deck access structure setback from the extreme rear building line we still have you're reducing

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the residents from eight 14 to eight that's right and we have we have and with this what's the

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commercial still staying at two it's still staying at two mr chair yeah i'm just giving you this a

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little background yeah we're we're still here because this is an rsa5 property so the pre-existing

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use is a commercial a one-story commercial unit uh the person who owns the property is a hair salon

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they are going to remain after this building structure is built as one of the commercial

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tenants. So we're asking for that variance. We're also asking, given the unique shape

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of the lot, for the second variance, which is the minimum rear yard depth, nine feet

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is required, zero is proposed. But as you'll see, it's appropriate under the circumstances.

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The fourth exhibits are application for appeal along with the project information form and

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then you'll see this is where we are in the neighborhood again we're in the corner of

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Ridge and Allegheny and as you can see this is in a regular shape combined or proposed

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combined lot.

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And as you can see there is a hair salon right now on one of the parcels and beauty in

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And as you can see, there is a hair salon right now on one of the parcels, N-Beauty, Inc. hair salon, which will remain as an occupant after the development of this building or proposed development of this building.

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Here you'll see a picture of the property.

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So, again, even though this is an RSA 5 property, it's nothing that you would expect from an RSA 5 property.

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It's a one-story hair salon.

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You'll see pictures from West Allegheny to the left and the right of the building as

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well as to the left and the right on Bridge Avenue.

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I will note that across the street, 4001 Ridge Avenue, there was a variance granted

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for a 27-unit apartment building with a height of 43 feet high.

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Also recently, during this past year, this board granted a 7-unit at 3915 Ridge Avenue

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which was also an RSAFI property. I handed this revised proviso plan form completed and

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signed by me to Ms. Saleta before the meeting so she's aware of this form that we completed.

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And again this is our property again the one for the rear yard setback you can see why we're

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having issues because of the unique nature of the configuration of this lot.

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and you can you can see from the pictures just going through really quickly uh this is ridge

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avenue the salon would be vacant non-residential space number one approximately 1700 square feet

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uh vacant non-residential space two would be coming off of allegheny right here uh there's

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an open area for the commercial you will also see for the apartment building that when you go in

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here there's there's room for bikes as well as there's a trash room if you go up to the second

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and third floors uh they're identical so we have four two bedroom two baths and four one bedroom

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one baths and then there's the roof no deck any longer and again just you know so that the board

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understands we're asking for the board to hold it under advisement to give us an opportunity to meet

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with Ross Civic Association, the coordinating RCO for this project.

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Now, I do have David Ross, one of the owner's reps on the line.

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So, David, can you virtually raise your hand?

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Hello, David Ross.

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Good afternoon, Mr. Ross.

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Please identify yourself, name and address.

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david ross at 2509 east norris street philadelphia pa 19125 and your position

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uh i'm a part owner of the project thank you swear and affirm to tell the truth the whole

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truth nothing but the truth yes thank you mr arkinson yes david you heard everything i stated

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today correct and is it true and correct yes and would you adopt it as your own testimony yes

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thank you any questions from the board

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no no anyone else wish to testify on this in this case if so please raise your hand

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no hands at this time thank you planning commission

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good afternoon chairman members of the board ian litman planning commission staff

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uh these properties are recommended for residential multifamily buddy don't forget

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to put that uh that thing on my desk okay sorry professor you you forgot the mute

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that's all right mr litman continue i'll start over uh these properties are recommended for

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residential multifamily and commercial mixed use in the comprehensive plan accordingly we do not

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oppose granting the variances for multifamily and commercial uses also given the non-rectilinear

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shape of the lot and the fact that the overall open space requirement has been met we do not

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oppose a rear yard variance either thank you mi-2020-000889 3929 ridge avenue this hearing

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will be resumed on December the 2nd at 9 30 a.m at which time we will consider any feedback related

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to the RCO's position. Okay next one up is MI 2020-001066 1605 East Pass Yonk Avenue.

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anyone present for 1605 east pass yonk avenue yes i promoted joseph council the council

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good afternoon board good afternoon sir please identify yourself for the record spell your name

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it is joseph console that is c-o-n-s-o-l-e console madison llp the address is one west

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third street suite 204 media pennsylvania one nine zero six three and you swear and affirm to

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tell the truth the whole truth and nothing about the truth i do thank you mr you agree to wait

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to read in of its refusal and stipulate to its accuracy i do right have you emailed an exhibit

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packet with the required documents, proof of ownership, proof of tax compliance, copy of the

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refusal or referral, photos and plans five days prior to this, Aaron? I have. Also, have you met

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with the RCO and have a letter? We have and we did and we do, yes. Thank you, please proceed.

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Hey everyone, Joseph Consol, I'm here on 1605 East Paschunk Avenue. That used to be- Mr. Consol,

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if I can interrupt you for just one minute, I wanted to let the board know that we also received

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a letter of non-opposition from Councilman Squilla. Okay, great. 1605 East Paschalk Avenue,

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this used to be a like a baby consignment store that closed my client Jasmine Rodriguez,

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owner of Jasmine Ray & Co LLC. Is my screen sharing, by the way?

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yes we have it okay uh is is with me today she uh is uh seeking a variance to to use this space

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um as a beauty parlor with microblading and cosmetic tattooing uh also with traditional

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beauty parlor services uh hairstyling waxing etc because microblading is considered body art

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generates the same refusal as does a tattoo parlor. I've been in front of the board

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on this kind of appeal a couple of times in the past. The property was refused because

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body art services are prohibited within 1,000 feet of another existing regulated use, which

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is a tattoo parlor, and also within 500 feet of the nearest lot line containing residential

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uses.

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So I'm sure everyone, at least some of you, know this property, so you can find my picture.

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Here's the front of it.

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Ms. Rodriguez, her company has a lease for three years on the commercial space at the

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bottom.

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um there we go

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got a picture of the signs to give you an idea of the kind of work she does

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i'll show you some photos some microblading work on eyebrows cosmetic enhancement work

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we met with the rco two weeks ago we got full support i'll pull their letter up

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They had asked that there be certain sunset provisions on this approval to prevent or at least allow them to deal with a potential transfer of a lease to an actual tattoo parlor.

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And we were agreeable to what they had suggested.

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I spoke to Sharon and I believe she had a recommendation for the board on how best to

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handle this because I think that certain aspects of what the RCO wanted to do are not something

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the zoning board can do. This is Sharon Saleta. I explained to Mr. Consul that the variants cannot

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be linked to ownership, that you can do it for a definite period of time with a definite end date,

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but it can't depend on who the lessee is yeah and what is the what are the terms of the lease

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currently uh it's a three-year lease and that's going uh began in the uh the beginning of july

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or end of july july 2020 july 2020 is when it started okay all right i believe that's also

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mr consult told me a renewable lease it is yeah a period of uh it's renewable for a similar period

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We suggested perhaps maybe a five-year variance that would allow her to operate and prove

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to the community that she's a good neighbor.

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all right anything else do you have a witness you want to put on yeah i would just uh briefly

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call jasmine rodriguez just to attest to what i said hi i'm here good afternoon ma'am please

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identify yourself with the record spell your first and last name sure it's jasmine j-a-z-m-i-n

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last name rodriguez r-o-d-r-i-g-u-e-z and do you swear and affirm to tell the truth the whole

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truth and nothing about the truth yes i do thank you mr council good afternoon jasmine uh did you

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hear my testimony today yes i did do you adopt it as your own yes i do okay is there anything

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you'd like to add to to the to the board uh no no i don't yeah okay uh thank you no further

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Thank you. Questions from the board?

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No.

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

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No hands at this time.

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Thank you. Planning Commission?

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Good afternoon, Chairman, members of the board.

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Ian Litwin, Planning Commission staff.

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The proposed use will not negatively affect the commercial corridor, therefore we have no

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opposition to granting the special exception. Thank you. MI-2020-001066, 1605 East Passyunk

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Avenue, my vote is yes with proviso, a five-year lease to end on in July, excuse me, August 1st,

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2025. Yes, with Proviso. Yes, with Proviso.

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Okay, next one up is MI 2020-000459 1620 North Bailey Street.

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the attorney is alan knockamson

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good afternoon mr knockamson just identify yourself with a record and you're still under

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oath uh yes uh good afternoon mr chair members of the board alan knockamson of knockamson pc

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123 south broad street suite 1600 philadelphia pa 19109

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you agree to waive the reading of his refusal and stipulate to his accuracy

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i do also have you emailed an exhibit packet with the required documents proof of ownership

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proof of tax compliance copy of the refusal or referral photos and plans five days prior

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to this hearing i have uh have you also met with the rco and uh have a letter we do and we have

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we do thank you please proceed okay i'm going to share my screen

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all right in front of you is a packet of exhibits which include eight of them the first one is the

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deed to the property uh showing that 1620 barely street llc is the owner uh the second uh exhibit

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is the tax clearance certificate showing that 1620 LLC is not, well, is tax compliant.

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Third exhibit is the notice of refusal. So this is an RSA 5 property, but the lot is over 2300

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square feet, exactly 2363. And we're seeking to put a six-unit apartment building here,

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and we're being refused first for the use and then secondly what we're trying to do is there's

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a pre-existing curb cut we're trying to leverage the fact that there is a pre-existing curb cut

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by pushing the building back so we're being refused first for the off-street parking but

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there you know again as of record there is off-street parking which currently exists and

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then secondly because we're pushing the building back 21 feet we're also being refused for that

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This board has heard different variance requests quite recently on this block and in the nearby

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vicinity. I actually was in front of the board less than two months ago for 1633 North Bailey

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Street and 1635 North Bailey Street, which this matter was heard at that same community meeting

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for 1620 north valley street the community for 1633 and north valley street and 1635 north valley

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street they supported those variances each for three units for a total of six for the same square

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footage in terms of lot size you know so they had the the community agreed to six units you know for

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you know for you know for 1633 and 35 north valley street for the same lot size with no parking

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you know for 1633 and 35 north valley street for the same lot

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we're proposing to put six units same lot size but we're including off street parking so at that

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community meeting we did receive a letter of non-opposition for 1620 north valley street

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Last year, I was here for 1616-18 North Valley Street, where the board granted variants for nine units.

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So, and again, you'll see that, you know, for the Oxford Street properties, for North 27th Street properties,

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this is a very multi-unit portion of the Brewery Town section of Philadelphia.

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After that is the application for appeal for this project,

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along with the project information form. And then you'll see where we are in the City of Philadelphia.

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We're on North Bailey Street right next to Cecil B. Moore. You can see between Cecil B. Moore and

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Oxford Street and then Bailey Street's between 26 and 27 streets. And then you'll see photographs

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of the property. Currently it's a vacant lot but you can even see the pictures from the right and

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the left this is even though this is an RSA 5 property this block says anything but and

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then here are the architectural drawings again we're trying to make something unique and

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interesting for the neighborhood again the most important thing is this you know pre-existing

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curb cut we thought that this was an opportunity to take advantage of that and to provide some

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off-street parking here and then you know here are the floor plans each floor has two units

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so we have a common stairwell that's you know that will be accessed uh through the side of the

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building and then again you'll just see pictures of the surrounding area you'll see that even though

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a lot of these all these properties are designated as rsa5 they're anything but in nature

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And then here's our letter of opposition from the Brewery Town Shardswood Civic Association.

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So that is our presentation.

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I have one of the principals of 1620 Bailey Street.

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Can you virtually raise your hand?

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You can talk, sir, or ma'am. You're unmuted, so, and I see you unmuted yourself.

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