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Hearing video

ZBA Hearing - September 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20205h 55m

properties, empty lots, you know, on the block. And what we're asking to do is two, we have two

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lots, 1720 and 1722. And what we're asking to do are two structures on the property that are zoned

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RSA 5, but they would be multi-family condominium dwellings, and they would be immediately put for

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sale. We've got here on the lower level and the first level, we have one bi-level apartment that's

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about 1,500 square feet in the front. One bi-level apartment that's 1,500 square feet in the rear.

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We do the same thing on the second and third level with bi-level apartments, but that again

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would be marketed for sale. And then the very top floor will be one large condominium with

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them having the roof deck. This is identical to the property that is just adjacent to what we're

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proposing as you can see it's brand new construction uh five family unit i'm not quite

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sure if it's uh first they're for sale or or the rentals but we have decided that we would do uh

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you know uh put these up for sale my clients have no interest in being landlords

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um and i just want to show you the property as it exists

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and the context that this half the more than half the block is absolutely just empty the only two

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new uh constructions again we have a five unit building here and next door we have a three

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building unit here in between we have another five unit building here and behind us you'll see one

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two, three, they're blue in the back. They're all five unit buildings. This is a very undense

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part of the community. We have proof of mailing

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that I'd like to show you.

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147 pieces we also have a certificate of task clearance for both parcels and of course deeds

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for both parcels I also want to make sure that you understand if you give me a minute

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and I'll bring them up

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Just give me one second, if you don't mind.

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So we have, here are our two properties that we're asking for two buildings that will be five condominiums sold to owners.

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each, one here and one right here. Right next door we have another five unit building and beyond that

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we have another four unit building. Now across the street, I think it's really important to

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understand, these buildings for the most part are over 100 years old. 1715, we have an 11 family

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we have an 11 family dwelling. 1717, we have a five family dwelling. 1719, we have a six family

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dwelling. 1717.

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dwelling. 1721, we have a four family dwelling. At some point, 1723 was a five family dwelling.

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At some point, 1725 was a six-family dwelling that ultimately got reduced to a two-family dwelling.

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1727, as recently as 2014, was a four-family dwelling.

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1729 was a three-family dwelling.

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1731 was a three-family dwelling.

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All of these uses were approved by the zoning board.

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none of them were as of right. All of them were approved via variance by the zoning board of

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adjustment. So I just want to make sure you understand that this is not a row of single

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family homes by any stretch of the imagination. It's a street that needs vibrancy. It's a street

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that needs, you know, eyes on the street, and if you look at the plans that we've

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provided, because they have concerns that are legitimate for sure, their

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concerns were about trash for the most part. Each and every unit has a

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ventilated trash closet and I want to make sure you understand right here

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ventilated trash room every unit has a ventilated trash room of course noise

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and congestion will be dictated by the condo association but I want to make

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sure that you see these are big ample units that make good sense on a block

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that is not at all occupied to its extent. To suggest that there

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might be congestion and parking issues, I don't think that makes much sense given

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the fact that uh most of the block is empty as you can see and everything on this side on the left

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hand side almost every property has already been converted to multi-family by uh long-term residents

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We also, again, have empty lots here on 17th and several empty lots here on Ingersoll.

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So I think homeownership will, you know, do them well.

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And with the plans that have dedicated ventilated trash closets, I think these are good.

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it's a good, these are good units, they're quality,

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and I respectfully request relief for this variance.

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Thank you, any questions?

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We'll also have, by the way, Mr. Chairman,

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we'll also have commercial trash pickup,

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outdoor lighting and security video surveillance.

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So we're doing everything that they've asked,

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all the concerns that they've raised uh we you know we we have addressed them

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thank you thank you questions from the board no no no

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anyone else wish to testify in this case if so please raise your hand

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no hands up at this okay one just popped up

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Caller ended in 508.

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You can unmute yourself.

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Chair, we have a caller that needs to be sworn in.

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Thank you.

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Please, whoever you are, please identify yourself, spell your name for the record, and give us your address.

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Caller ended in 508.

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Are you there?

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Okay, Chair, you can proceed.

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Thank you, Planning Commission.

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Since Ron Bednar, City Planning,

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says uh ron vednar city planning both these properties um at 1722 and 1729 master street

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both these properties.

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are indicated for residential use in the city plan given the recent development context of the

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surrounding neighborhood we have no objection to the granting of the variance is that 1720 you

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meant to say ron i think he meant to say my apologies mr chairman i think he meant to say

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1720 and 1722 is that correct that's why i was asking that's correct okay thank you all right

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calendar numbers mi-2020-000149 and mi-2020-000147 my vote is yes on both my vote is yes on

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yes to both yes to both thank you all mr chairman that concludes my business for the week

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yes may i be excused please sir yes you may have a good one thank you you too yeah you too

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calendar number mi 2020-001235 the address is 1600 ridge avenue the attorney is david orphanetes

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okay everybody see and hear me yes can you put your name and address on the record please

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Certainly. David Orphanides and Toner, 2 Penn Center, 1500 John F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.

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

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I do.

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

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I do.

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Have you emailed the entire packet?

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okay including i thought maybe it would work with you including proof of ownership proof of tax

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compliance a copy of the refusal or referral photos and or plans of the property five days

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in advance of this hearing and have you met with the rco and do you have a letter uh yes thank you

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may proceed um again good afternoon uh mr chairman and members of the board david orphanetes on

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behalf of nestino mark llc the owner of the subject property 1600 ridge avenue the property

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is located on the southwest corner of ridge and um and uh north 16th street i want to just share

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my screen for you hopefully you can see this now can you see my screen yes yes okay great fantastic

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so the subject property is a vacant lot sorry it's just to move the pdf

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uh it's been vacant for quite some time um it is it abuts uh two properties on north 16th street

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just to the south um that i brought before this board back in 2014 along with 1600 ridge

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those two properties to the south have been built and developed they were cmx time

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um the corner property 1600 ridge has been remapped to 2.5 in the intervening years

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essentially this application is for the building with the same footprint which was 100

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lot coverage or refused previously were for not having the required open area or rear yard depth

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when it was zoned cmx2 and here you can see the permit that was issued back in october 2015

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that references the ZVA calendar of 23572 and the hearing date of October 14, 2014.

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That was a three-family dwelling, I mean, two family above a commercial space on the ground floor.

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again this was on cmx2 uh you

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the decision with provisos per revised plans and the refusals at that time here are the plans

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that were approved at that time oops excuse me one second scroll through

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Just give me one second, scroll through, and you can see here, one minute, get to the easel

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that was a little bit of problems here.

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Someone has a radio on, would you please turn it off?

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Are you getting feedback?

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thank you David continue for okay and the refusals were the same at that time again now the property

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zone CMX 2.5 and essentially what my clients are looking to do is they're looking to build a

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building with the same footprint as before that goes to the permitted height and CMX 2.5 which

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is 55 feet. Our refusals, again, are the same as were back in 2014, which is not having the

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required open area, not having the required rear yard depth for CMX 2.5. The lot is 1,452 square

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feet in area. Given that the building is taller than 45 feet, the required lot area per residential

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dwelling unit is 270 square feet with a lot area 452 we'd have five units by right we were only

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proposing four each one is a two-bedroom unit so we're not being greedy here we're looking for

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four units instead of five that's permitted we have eight bedrooms instead of a possible 15.

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um the looking back at the photos that i started at at the beginning here you can see again here's

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a subject property to the left and this is tab exhibit tab 12 of our exhibit book this is uh

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818 north 16th street that back once again was taken to the board at the same end to the community

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group back in 2014 um that building has been built you can see we will be butting up on our

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south side with a solid wall and we'll be butting up on the to the west on ridge avenue this is 1602

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ridge avenue you can see there are some windows to the rear of us they would be essentially blocked

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whether it's a by right building or not i mean the previously approved building or this building

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this is a building that deplorable condition it's as you can see it's in it's in poor shape

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and essentially the impact on air and light between what was previously permitted and what

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is being requested today is no different than between the two there are I've been to this board

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for variances for properties located across the street.

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Here's the north side of Ridge Avenue.

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Here on page eight of tab two, variances were granted

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for similar open area and rear yard depth variances

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were granted for this structure

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on the northeast corner of North 16th and Ridge Avenue.

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Here's that building again.

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You can see budding right up to the building

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to the north of it on paris street and then if i scroll through you can see on the

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on the opposite corner of 16th and ridge on the south east corner this is a building that i zoned

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and took to the zoning board a couple of years ago also um 55 feet tall lacking an open area

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and rear yard depth properties i think as you've seen through various presentations as ridge avenue

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has been developed from broad street west has traditionally historically these properties

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the butt ridge avenue on the north side and south side have traditionally not had much if any rear

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yard depth or open area we did go to the we advertised and we had an in-person meeting

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for the Francisville Neighborhood Development Corporation,

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who was signed as a coordinating RCO by the Planning Commission.

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And you can see their letter of support,

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which was issued on 7, well, they say 7-23-2019,

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but we just received it on Friday.

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And it was a support I presented at that meeting.

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It was 11 in favor, 0 opposed, 0 non-opposition, and 0 abstaining.

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We do have the property was properly posted.

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You can see in Exhibit 1, we had both the notice, hearing notice, and the notice of

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We had both the notice, hearing notice, and the notice of refusal on both the North 16th Street side, as you can see here on page 1 of Exhibit 1, page 2, page 3, and then also on Ridge Avenue.

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You can see here on page 4, 5, and 6.

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so the two is our tax clearance just have to zoom out here for you

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the owner of the property who does still own the property to the south the issue

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date was the 10th of September since that is still valid current deed at tab

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two or I'm sorry tab three showing Nestina mark LLC which was reflected in

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tax clearance document as a present owner of the subject property um you can see the in the aerial

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images we have a tab four yeah i have a surgery on friday confessor confessor you gotta mute buddy

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i'm muted thank you you can see with uh both of those aerial images and our zoning map this is an

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really extremely irregularly shaped lot and here you can see it outlined in

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green we do have four sides but it is essentially a diamond and lopsided

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diamond so to speak here on the left where I'm pointing now to the west on

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Ridge Avenue is 1602 again largely a solid wall with a setback wall extending

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towards the rear with some windows on the side we're not even sure if those

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windows are illegal um given their proximity to the property line and then the abutting property

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to the south again we that building actually extends further beyond our property or that

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property extends further to the southwest in our property but again our building will be along the

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solid northwest wall of that property back to the aerial here you can see um google seems to have

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some older outdated aerial images for for the neighborhood um again this on the i'm pointing

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now to the southeast corner that's been developed um the north the northeast corner has been

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developed all of as you can see in the zoning map you can see how ridge avenue has been remapped

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to the north i mean to the west northwest southeast on both sides of ridge avenue as cmx 2.5

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And what you've seen come before you are a number of buildings between 45 and 55 feet in height.

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I've probably myself brought five, six, or seven of them to this board.

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The zoning archives for those other properties, the ones that I mentioned on the corners,

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are included at tab 14 that show the variances and the refusals that were granted in each of those cases,

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confirming and documenting what I've said regarding those properties.

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Again, we did send out the 14303 for the Francisville Neighborhood Development Corporation

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meeting, which was held on August, I'm sorry, not on August 31st, which was held, I believe,

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last Monday, and that we have the certificate of mailing included at Exhibit 15 of that.

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i can scroll to that right now you can summarize and do you have a witness i don't i have uh the

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architect who can adopt my statements and i have the owner uh from the cinemark llc who can also

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adopt my statement so yeah whichever one you want to bring on uh xing um i'm not sure what he's uh

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H-S-I-N-G, it might be under Skye.

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Could you raise your hand?

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So Ms. Sunkit can see you.

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You can unmute yourself.

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Yes.

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Hi, this is Shane from Skye Design.

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Sarah, would you call your name?

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First and last name.

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First name H-S-I-N-G, last name Chen, C-H-E-N.

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Your address?

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1823 Spring Garden Street, Philadelphia, PA-19130.

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