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Hearing video

ZBA Hearing - September 29, 2020

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

I believe it's like a two or three step from a rear door at the kitchen space of the ground level.

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um from a rear door at the kitchen space of of the ground level apartment look that way i just

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want to clarify that okay i can go back to the plans and and look at it a little bit

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yeah just go back to it was a part of the original your original presentation okay early on

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i'm scrolling back to the plans i'll and my client can also speak to that um when he uh

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is unmuted he'll be able to um address that as well there it is all right looks like staircase

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okay okay all right

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i'm sorry go ahead is that tom no i said it's very good tom you're breaking up

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i said is very good okay thank you all right thank you

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i would just want to call my client simon shane at this time um to have him adopt uh the testimony

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please do simon you there yes all right please identify yourself spell your name for the

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stenographer first and last name and give us your address please

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Simon Shane, S-H-I-M-O-N, S-H-A-I-N, 307 Avon Streets, Philadelphia, PA, 19116.

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And Simon, do you swear in front to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you. Please proceed.

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Simon, you are a member of Real Builders, LLC, correct?

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Yes.

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And did you hear all the testimony that I offered to the board today?

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Yes.

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And would you adopt that testimony as though you had given it yourself?

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Yes.

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And is all of that testimony true and correct to the best of your knowledge?

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Yes.

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Thank you.

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And could you clarify that rear door on the first level?

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Is it two or three steps out to the backyard?

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You got it right.

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It's a stairwell.

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Okay.

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Thank you.

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I have nothing further for my client.

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Questions from the board?

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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 you planning commission

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good afternoon uh chair members of the board ian hegarty from the philadelphia city planning

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commission staff that's i-a-n-h-e-g-a-r-t-y and would you swear and affirm to tell the truth

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the whole truth nothing but the truth i do mr chair thank you please proceed uh this property

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is indicated for residential single family use in the city's comprehensive plan we feel that the

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applicant has not demonstrated unique physical circumstances or conditions peculiar to the

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property that would support a claim of hardship accordingly we object to the granting of this

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variance. Thank you. Well, did we get testimony in 1909 yet, correct? Only 1917? Correct. 1909

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is essentially a proposal for the same type of duplex. All right, let's let me let's vote this

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one and then we'll go to the next one uh calendar number three nine nine one seven one nine one

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seven north fourth street my vote is yes my vote is yes my vote is yes thank you all right let's

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go to carol to 1909 south fourth and north fourth i'm sorry north fourth so you're still you're still

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on your oath uh thank you and i think he did say that he uh sent in all the required

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packet things in the packet i i did um i did in fact send all of those missionary is correct

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um i can walk the board through um this packet of materials uh it should not take up too much

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more time is there any mr slepler is there anything significantly different in this plan

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compared to the other there is not really um it's a different owner uh but my client mr

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is the principal of the owner of this property as well okay and just give us a brief description

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of the floor plan if it the um 1909 north 4th is uh planned as another duplex uh two family

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the apartment one. Here's the plan. I'll bring that up. The first apartment is a one-bedroom

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at ground level and basement level with access by some steps to the rear yard space.

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The second apartment is on the second and third floors, a two-bedroom, and that has access to the roof deck space.

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The second apartment is on the second and third floors.

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This is our elevation.

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This is 1909 is the shaded, if you can see in the site plan there, is that shaded area.

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There's an alleyway that would be to the side of 1909, and it's at the rear of the properties that are there on,

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I'm pretty sure that's Berks Street, but other than that, it's not – doesn't encroach on anybody's backyard or anything of that nature.

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Those were already properties that were constructed with their rear yards on that block of Berks.

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So that's the basic situation with our plan.

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There's the elevation, and I'll scroll down to the floor plans so that everybody can take a look.

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uh we um we have a letter also a letter of support from norris square community alliance

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um it was actually a vote was held at the same time as 1917.

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um i'll scroll down to the letter but as i recall it was the same vote total as well

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But I'll scroll down to the letter just to offer that up into the record.

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Here are some photos of the site.

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Those are wooden fences that are the next street behind our property.

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Let's turn to the side.

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I can turn them if anybody wants to go over the photos.

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Here's what the rest of 4th Street looks like heading south.

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That's the corner of 4th and Berks right there.

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um that's i think that's just that's where the alley is going to end up being between the

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backyards and the side of ours 4c is our orange posters that were posted that's on a wooden plank

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right in front of 1909 north 4th so on a wooden plank uh that's a horizontal shot of our orange

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poster. And I'll scroll down, like I said, to the letter from the RCO. This is our certificate

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of mailing. We mail it to the same 100 or so addresses. Exhibit 7 is the letter from Norris

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Square sent on August 28th of 2020. Position of support, it was a vote of 3 to 0 to 1.

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three in support, zero

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oppose, one non-opposition.

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And that vote

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was held on

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slightly before August

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28th, but the letter was written on August 28th.

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Okay.

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Summarize,

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and do you need to get your witness on

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again to adopt your testimony?

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Yes, I would prefer

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to do that. Thank you.

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Simon?

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Simon you're still under oath

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and he can

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unmute yes sorry

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hi Simon as

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the chair mentioned you're still under oath

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are you a principal

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of 514 to 519

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Hoffman Street Inc yes

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and did you hear all the testimony I

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offered to the board today just now

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yeah and is it all true

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and correct to the best of your knowledge yes

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and would you adopt the testimony

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as though you had given it yourself yes I have nothing further for my client at

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this time thank you questions from the board no anyone else to testify in this

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case if so please raise your hand no hands at this time thank you Planning

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Commission you have to state your name again Ian Hegarty Philadelphia City

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Planning Commission. IANHEGARTY. Well, you're already still under oath. Thank you, Chair.

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Again, this property is indicated for single family use in the comprehensive plan. And again,

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we don't believe that the applicant has presented evidence of unique physical circumstances or

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conditions on this property that would support a claim to hardship. And accordingly, we object to

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the granting of this variance. I appreciate that. And I think if the other properties on the street

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we're all single family and not as many multi as i agree in that case application number the calendar

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number three nine nine one six one nine oh nine north fourth my vote is yes my vote is yes my vote

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is yes my vote is yes all right very much thank you members of the board thank you calendar number

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calendar number 38160 1366 anchor street um this is sharon saletta we do have a request from

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three eight one six zero thirteen sixty six anchor street

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councilwoman sanchez for a continuance saying there's been no rco meeting yeah i think that

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was mentioned this morning if i'm not mistaken right is that is that slung folks yeah okay

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so let's say let's do this car i'll just ask if there's anyone out there who disagrees with the

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continuance on this case please raise your hand no hand okay no one objects to the continuance

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therefore calendar number three eight one six zero one three six six anchor street is continued

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thank you council council councilman did you go um if i could yeah um number four on your list

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if haven't if i haven't stated already has been withdrawn by attorney robert ransom

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okay so calendar number thank you calendar number three nine six nine seven three eight nine five

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Richmond Street is withdrawn. Calendar number MI 2020-000952-4434 Lancaster

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Avenue. Excuse me I'm sorry Ms. Sunkit that was 3895 Richmond was withdrawn by

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mr kellett i was through i received something about a withdrawal

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can we call him please you can speak to this

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can anybody hear me yes tim kellett on behalf of the city of philadelphia 3895 richmond street

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We have not sent in a request to withdraw this application.

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I don't know if I have a mistake with the numbering from the request.

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I'm sorry.

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It's not Richmond.

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I'm sorry.

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Okay.

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No problem.

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So we'll go ahead with this case?

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All the participants available on this case?

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Yes.

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So we'll go back to this.

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Calendar number 396973895 Richmond Street.

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Okay, thank you.

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Sure.

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Is there an attorney with this case?

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Good afternoon.

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Have we returned to 3895 Richmond?

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Yes, you can proceed.

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Can everybody see me?

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Yes, Mr. Keller.

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Thanks very much.

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Sir, are you an attorney?

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I am an attorney.

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can you put your name and address on the record please absolutely my name is jim kellett k-e-l-l-e-t-t

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i'm a deputy city solicitor with the city law department at one 15 15 16th floor

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we'll get there we will you swear from the tell the whole truth and i'll think about the truth

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you agree to waive the reading the refusal and stipulate to its accuracy

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i do and have you submitted everything required in the exhibit packet like proof of ownership

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tax clearance referral refusal photos plans of the property five days in advance of this hearing

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and have you met with the rcl and do you have a letter we have i have okay thank you you may

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proceed thank you i'm uh going to share my screen right now if that's okay great

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good afternoon members of the board again my name is jim kellett uh we are talking today about 3895

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richmond street in the city of philadelphia this is a property in the northeast it was formerly

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an incinerator facility for this philadelphia streets department it has been under the ownership

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of the city of philadelphia for decades the uh ownership information i submitted is from the

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offices of property assessment because philodox does not go back that far in the office of uh

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The Department of Public Property hasn't even been able to find the actual deed, but we will be able to provide as much ownership information as possible.

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The tax clearance also shows that the City of Philadelphia is the owner.

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The issue you have before you today is that this building is I-3.

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As I mentioned earlier, this used to be a department incinerator facility, and the streets department wishes to add office space on the fourth and fifth floors.

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So there's no change to the shape of the building, just internal work.

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Change to the shape of the building, just internal work, which requires a special exemption.

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The application was submitted late last year.

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The referral was issued on December 20th of 2019, and the appeal was filed that day.

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As I mentioned previously, we did meet with the RCA.

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prior to the originally scheduled date in March. The RCO did approve of our

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presentation, voted unanimously 25 to 0 in support of the variance. To show you

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outdoor photos of the property right now, this is what it looks like currently.

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The property is 600 feet off of the street, off of Richmond Street, so there

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wouldn't be any effect to congestion overcrowding of land or really any type

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of impairment to any adjacent property I can show you what we're proposing and I

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do have Matt Corsello who's the consulting engineer on this project and

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Scott McGrath the representative of the streets department here to confirm this

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testimony the first through third floors are currently shop space bathrooms

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locker rooms and a mezzanine level we're not changing that use we're simply looking to add

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office space so that the office workers for the sanitation department currently residing at the

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municipal services building in center city can decamp to a location more central to their

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operations and so on the fourth floor we have existing stairwells existing elevators with a

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future lobby and future closets installation of new walls with appropriate fire protection systems

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and meeting rooms bathrooms and offices and then on the fifth floor it will be

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unoccupied at first again existing stairwells walls to enclose those

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stairwells and other measures to make the floor safe with the proposed use to

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be future offices as needed so we're decongesting Center City and also

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hopefully creating some jobs and up there in the future and just my point

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earlier about congestion parking spaces exist at the premises already they've

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really they're going to repaint some lines again at 600 feet off of the

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