civus
Hearing video

ZBA Hearing - March 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 18, 20265h 49m

correct that that's is the way i submitted i um and we don't have any problem with that proviso

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um the ground i have photos of the sellers sellers just utilities and storage um right

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right no i just noticed they didn't i i figured it out by looking at it but i know they didn't

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clarify on the the refusal that that was that's kind of a change from the vacant space on the

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first floor to these the specific uses so yeah i i don't uh we can get into this another time

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but my understanding is that lni is getting away from unless the zoning board uh has the restricts

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it to a particular area of the property they're not writing refusals anymore that limit a use to

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a specific portion yeah not not usually no not through the zoning process we do not have an issue

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with that um my client spent a lot of money making the upper units david we're good we're good

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questions or comments from the virtual audience

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mr chair i do not see any further hands raised thank you planning commission

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ina solomonic the planning commission the comprehensive plan recommends no change to the

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existing residential single family zoning the property has documented prior use as multi-family

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the proposed use is consistent with neighboring corner properties the city planning commission

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recommends that the zoning board grant the variance for multi-family and personal services

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use first floor only okay first floor only is fine yeah that would be fine because it's only

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they're um they're recognizing from what how i'm reading this they're recognizing the

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multi-family is already existing so it's just the first floor mi 2025 006 632 1254 to 56 south

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18th street i vote yes with proviso first floor only and sorry mr chair would specify commercial

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uses on first floor only because there is a multiple principle use commercial lot commercial

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use first floor only yes thank you instead of commercial can we say the cmx1 uses so that

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there's no question i just said commercial uses because it has personal services and it says

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commercial uses as allowed under cmx1 so i was trying to encompass both of them that's great

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that's fantastic yeah that's fantastic i just didn't want to get back into the commercial thing

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no last zoning permit have that happen all over again you know we could say approved approved

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commercial uses um on first floor only and then that should cover everything

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approved commercial uses on commercial uses first floor only okay michael johns my vote is yes

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with proviso sure yes sure guest and my vote is yes with proviso tenetta graham my vote is yes

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tennetta graham my vote is yes with proviso mcadams my vote is yes with proviso iowen my

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with proviso mcadams my vote is yes with proviso

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vote is yes with proviso thank you counsel thank you maybe excuse yes you can thank you uh number

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three am i am i twenty twenty five zero zero six six three five fifteen seventeen west cumberland

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Alan Nockamson is the attorney.

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It's your first time today?

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Oh, wow.

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Okay.

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But I think we have two in a row.

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Am I correct?

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Yeah, I have three, so I don't know.

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Oh, okay.

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All right.

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Good.

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Well, I see.

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Well, we'll get to it.

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Okay.

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All right.

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So, Mr. Nockamson, could you please state your name and spell for the stenographer?

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Yes, Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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

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I do.

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Mr. Nockamson, could you identify your client in relationship to the property?

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Uh, so my client here, uh, is, uh, Wasky Construction LLC, uh, in a virtual army, uh, next to me to

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left is Samuel E. Wise, uh, E. Wise, right? Yes. The owner of the property. Um, somehow I

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didn't, uh, I didn't. So just for the point, there's a letter of support with provisos from

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all in the family CDC. Okay. That's correct. We're aware of that, right? That's correct.

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our vice chair has a few questions thank you good afternoon have you submitted your documents and

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exhibits five days in advance of this hearing yes we have and do you waive the read another

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refusal and stipulate to its accuracy i do okay thank you share your screen and proceed with your

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case thank you

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As the chairman stated, we met with the community. I believe it was either a letter of non-opposition or support with certain provisos, which we accept.

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This is a rather dilapidated property just off of Broad Street on West Lumberland Street.

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During my presentation, I'll present 11 exhibits, and then Samuel will be sworn in, and he'll have some questions for him regarding my presentation.

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Uh, so this is an RSA five property, um, where we originally seeking, uh, three family dwelling

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here. Um, we, you know, the property to the right of us is a duplex and there's many examples of

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multifamily use nearby, which is not uncommon given that we're basically a block away from

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broad street. Um, my client after meeting with the community agreed, uh, that, uh, to provide

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PROVISO TWO RESIDENTIAL UNITS, A MAXIMUM OF TWO RESIDENTIAL UNITS, ALSO AGREED TO PROVISO

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NO LIVING IN THE BASEMENT, JUST UTILITIES AND STORAGE IS DOWN THERE FOR THE FIRST LEVEL UNIT.

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SO, AND I BELIEVE THAT ACCOUNTS FOR THE PROVISO. IF I MISSED ANYTHING, PLEASE LET ME KNOW.

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TRASH IS STORED OUTSIDE ON THE FIRST FLOOR FOR UNIT NUMBER ONE. THERE'S A VENTILATED TRASH CLOSET

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for unit number two um on you know as part of part of unit number two we met with the community

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again they were supportive based on those provisos uh you know next door neighbor is in support of

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this project again that's multi-family next to us the 2035 lower north district plan also has this

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as a non RSA five property so I think the City Planning Commission has accounted for the fact

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that we're so close to North Broad Street that this should have multiple units in it and you

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can see the mixed zoning here as well and you can see how far close we are to Broad Street as well

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as well as the Broad Street line again very dilapidated property Samuel purchased this

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property with the intention of reviving it uh you know to its you know former glory

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and then you can see even here he's had to board up the property because people have

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you know trespassed onto the property so he's trying to protect you know having you know

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trespasses in there so he's looking forward to hopefully developing this property as a duplex

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uh this is cumberland street to the right of the property uh until after the property

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And then simple plans and drawings. We're not changing the shell in any way. We're, you know, again, it's a rather large structure. And again, we changed our floor plans based on the comments from the community. But, you know, you walk in here to the left, there's a study area, there's a bathroom here, dining room, and a kitchen area, and a bedroom.

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dining room and a kitchen area and a bedroom

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and then if you go up a flight of steps instead oops sorry let me go backwards

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go up a flight of steps instead you have a similar type of open floor plan here where you have a

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dining room kitchen area a sitting area two bedrooms here with a bath and then you have

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on the third floor again existing we haven't changed it basically a bedroom and a bathroom here

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we met with the community i think it was a well-attended meeting we met with them on

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february 10th at 6 30 p.m we emailed that notice to them a few weeks beforehand as we typically do

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showing proof of mailing of the notice that went to 115 addresses these are the addresses we sent

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to along with proof of mailing to those addresses showing that we filed this application for appeal

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on behalf of waski construction llc along with the notice refusal and the project information form

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the deed to the property showing that wax ski construction llc is the owner of the property

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they purchased it in j in june of 2025.

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and then the certificate of tax clearance wall shows a balance due it's not due until march 31st

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of 2026. I would ask that Samuel be sworn in. I have a couple questions. Samuel, could you please

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state your name and spell for the stenographer? Thank you. I'm Samuel Awusi. Awusi goes by E-W-U-S-I-E.

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

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Yes. Counsel? Yes. Samuel, you heard everything I had to state about this zoning matter.

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yes is it true and correct yes and do you adopt this your own testimony

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yes specifically to provide those with you know maximum of two residential units

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and no living in the basement yes thank you questions from the board

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okay how many units are we talking about here two and how is this the first floor has one unit

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That's correct. And then the second and this part of the third is a bi-level. That's correct. Okay. And can I see that first floor unit again, please?

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Let me get through this.

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Let me try to do it. Otherwise, my computer's jamming up a little bit.

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Oh, it's just a slow computer today.

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Oh, I think it's right here.

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So you come in this entry away here, you make a left, there's a study here.

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there's a bathroom here um maybe one of the things I didn't bring up is the way to get out

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to the rear is right here and there's a breezeway here and then here's the rear yard and this is

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where the garbage would be stored this is the dining room and living room area and then this

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is the bedroom so the bathroom is down here that's right and the bedroom is back here so

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yeah and there's like a little study here too so i think you you know my little pet peeve here these

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we're bathrooms i know i've heard it i'm where you have to wander all through the living room

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and in the kitchen to get to the bathroom at three o'clock in the morning it's to me it's not

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a good setup but no i hear you i mean so when you're dealing with these older row homes it's

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is a little bit tougher um you know we're not expanding the building structure in any way

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we're not doing any really you're not doing any structural work on at least that unit so we're

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trying to keep it as is and we're agreeing not to do any living in the basement as such too so okay

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too so okay so just just saying other questions i think it's more of a comment is that it is

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Just, just saying.

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that the existing layout in the first floor i'm sorry is that the existing layout on the first

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one is existing layout or is this a gut job um that's existing layout so basically i'm just

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whatever that's all there i'm just making it like look better that's all okay i think um you know

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understanding that you reduced from three units to two i think that second unit the bi-level unit

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was most likely to be rented to a family it's three bedrooms and i just you know the comment

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that there's no bathtub like you have a bathtub in the first floor unit that's one person

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and typically families need a tub if they have younger kids and you've got two full bathrooms

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and they both have stand-in showers, so I would just think about that.

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So, in Unit 2, on the second floor, that bathroom is supposed to be a bathtub,

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so that's a correction I'm happy to make.

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Okay.

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It's supposed to be a bathtub.

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That's supposed to be a bathtub.

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Okay.

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It's the third floor that it says.

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It doesn't look like it's long enough to be a bathtub,

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so you might want to look into your configuration.

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and then i think the second question is just about trash storage for the

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bi-level unit because it doesn't look like there's a

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ventilated trash closet or a laundry oh is it the laundry room

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here's obviously the the i think the floor plans need some work

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yeah yeah i i think i agree i agree yeah when i looked at these floor plans i

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looked at that but i think once he's hopefully has the

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approval of this board he's going to revisit those floor plans with his architect okay i looked at it

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too also you got a lot of like hallway all the questions other questions questions from our

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attorney hillary emerson not at this time mr chair questions or comments from the virtual audience

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mr chair do you not see any hands for the matter planning commission

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ina solomonic with the planning commission the property was remapped from commercial mixed use

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cmx2 to the existing yeah existing residential single family rsa5 zoning in a community remapping

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in 2014. the appellant has not shown that the property cannot possibly be used in strict

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conformity with the zoning code and the variance is therefore unnecessary the city planning

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commission recommends that the zoning board deny the variance for multi-family use mr church just

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you know just can i just comment sure you've got it's it the philadelphia 2035 plan actually

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recommends that it this property revert back to that zonia cmx2 which will allow two

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residential units plus one commercial unit and there's many examples on the block of multi-family

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there there are non you know multi-family sorry designation thank you both of you so mi 2025

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006 635 1517 west cumberland street i vote yes with proviso maximum two dwelling units

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no household living in the basement michael johns my vote is yes with proviso

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Cheryl Gaston, my vote is yes, with Proviso.

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Tanetta Graham, my vote is yes, with Proviso.

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Ryan McAdams, my vote is yes, with Proviso.

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Thia Nguyen, my vote is yes, with Proviso.

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Thank you.

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So we're going to go to number seven.

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MI 2025, 006-778-322 Milner Street.

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Alan Nockamson is the attorney.

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mr knockamson just for the record could you state your name alan knockamson all right could you

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identify your client a relationship to the property uh yeah my client selected me paul

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kushner the owner of the property okay and um there's a letter of support with proviso from

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the 13th ward rco our vice chair has a few questions good afternoon have you submitted

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your documents and exhibits five days in advance of this hearing yes we have and do you waive the

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read another refusal and stipulate to its accuracy i do okay thank you you can see your screen

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proceed with the case thank you mr chair i also believe there's a letter from solo yeah i see i

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see there's a letter here from um 13th ward in favor there's also a letter from solo germantown

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um um they have uh also uh provisos and there's a letter of opposition from swamp poodle so we

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don't have the swamp poodle i did know the solo one so i'm just you know the swamp poodle one

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just came in today i can forward that to you all right thank you thank you so this is what i would

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just woman i i see where they their um letter of opposition but they also have some things

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their um letter of opposition but they also have some things in yeah but both solo family dwelling

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certificate box fee all trash and recycled stored outdoors etc but go ahead why don't you just yeah

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i mean and again i think we embrace all that i think you know this is 322 milan street this is

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a really unfortunate incident i i know how the board feels about like legalization the structures

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this my client's not a developer he hired a licensed contractor to do the work and that

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and we'll show you that that that it was he was a licensed contractor until he lost his license

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and i don't know if it was we're the tipping point or this was just uh illustrative of what

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he was doing back in the day but it's a real shame and it's unfortunate that we're here today

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and this is a single family structure so it's not like we're trying to squeeze in more units to do

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in addition to this property so we'll review the many exhibits that are part of our presentation

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and we'll go straight to the refusal right basically we did this we enclosed the porch area

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we we added some square footage on top of the porch area and in the rear we did like a little

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overhang like in in the back and we have two refusals right so first our building facade

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doesn't match the building facade to the right of us so that's the first refusal and then the

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refusal in the rear is because of the rear yard depth. But you'll see from our drawings that

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it's in a regular shaped lot, you know, where the longer part of the lot meets that nine foot

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rear yard setback. And everyone else has what we're looking to do, what we did do,

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we thought legally. So it's not out of character. It's a single family house. It's a single family

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house. And it's just, it's a shame. And so we met with the 13th Ward RCO committee, which was a

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