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Hearing video

ZBA Hearing - October 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20205h 56m

how far away do you live i'm actually looking at the garage doors right now i live behind that

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house okay thank you um so they say that them and the their neighbors put one in um and then that

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they have an existing one next to them but their house their garage doors are about four feet

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higher than every other garage door fence on the street uh so it's just kind of an unsightly

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when you say their garage you're talking about the garage door to the left of

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2015 pop 2015 yeah so they had the same contractor put in their garage roll-up door

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that matches the door next the height of the door next next to it correct yeah so 2013 and

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2015 both have the same roll-up door you're are you opposed to that i am very much it's very

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unattractive

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was there did i hear in the testimony by uh mr chapman were you looking to reduce the height

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of that? I don't remember. Is yours going to, is your plan matches what is at 2013?

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It does. The plan matches what's at 2013, yes.

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Yeah, both of them are already built.

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Okay, I know it's built, I just was curious. Okay, except for the gate, the framing's there.

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oh no sorry oh it is up it's rolled in there it is it it is okay chairman yes okay all right

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very good thank you all right anyone else i would like to testify in this case if so please raise

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your hand all right thank you thank you

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we have laura chapman okay unmute yourself and wait to be sworn in

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okay uh is this mrs chapman yes i'm also a resident at 2015 poplar poplar street okay

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you swear and affirm to tell the truth the whole truth nothing but the truth i do

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okay are you are you in support of this oh yeah yes i just i want to i want to i want to further

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explain why it is that high, how we installed the electric gate and why we chose that route.

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We did get estimates for, just to explain our neighbor to that, we did get estimates for lower

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gates. We did not know about this variance at the time of installing this. This was actually,

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we went with this option because I do park my car back there. I do have a son, a toddler.

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we had to go with, we felt we had to go with automatic so that I don't leave him in the car,

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so that I don't leave him in the car come out our neighbors that have lower gates

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come out. Our neighbors that have lower gates.

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they all park their car in the in the alley get out open up their gate so it is a much

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longer process and I felt an unsafe process for the fact that I do have my child in the car

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we also chose we also went with the gate because my our cars were have been broken into multiple

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times um so it really this is a safety for our family and we um i just wanted to kind of explain

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that why it wouldn't go any lower all right thank you and again i apologize i didn't know i didn't

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realize that the the the door had already been folded up i thought this was under construction

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uh anyway anyone else care to testify in this case if so please raise your hand

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no other hands chair thank you planning commission

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good afternoon chairman members of the board this is ian litwin planning commission staff

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the proposed parking space and garage door on george street are in character with the

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adjacent properties therefore we have no opposition to granting the variance

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uh did anybody hear me all right okay i got it yes here you're fine okay okay because i lost

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visual for a moment uh mi2020-0003262015 poplar street my vote is yes my vote is yes

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my vote is yes my vote is yes i'm going to go back to the stenographer we still have

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One, two, three, three and a half cases to go.

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Are you, I can't see you.

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Do you need a break?

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No, I'm fine.

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Okay, then we'll go to break after the, this session's complete.

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Fitzwater Street, next.

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MI 2020-001-285-2118-20, Fitzwater Street.

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Chair, I am promoting Sean Whelan. You can unmute yourself and wait to be sworn in.

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Hi, good afternoon, Mr. Whelan. Please identify yourself for the record, spell your first

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and last name.

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Yes, good afternoon, board members and Chairman Chico.

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Sean Whalen, S-E-A-N-W-H-A-L-E-N, from Vintage Law, here on behalf of the owner and applicant of the property.

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Thank you.

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You swearing a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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And do you agree to waive the reading of his refusal and stipulate to its accuracy?

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I do.

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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, folders and plans five days prior to

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this hearing? We have. Also, have you met with the RCO and have a letter? Yes, we do. And yes,

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we do. Thank you. Please proceed. All right. Well, I know this has been a long afternoon already,

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so I will make this one short. I am presenting 2118 to 2120 Fitzwater Street. Some number of

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years ago, this was combined into a single property. It's in a standard row of row homes

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on Fitzwater Street, and we are simply seeking a variance to subdivide the property. The property

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was originally and historically two separate parcels. It is a mid-block parcel, and so we

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We have one refusal, which is that in this RM1 district, 1,440 square feet are required.

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We will actually have two lots of approximately 1,125 square feet each.

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That is, hopefully you can now see the refusal, and that is our only refusal.

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Those lots, those undersized lots at $1,125 each would actually be two of the largest

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lots on the entire block.

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I'm sorry, Mr. Whaler, we don't have your exhibits up.

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We're looking at your…

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Sorry about that.

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Let's try…

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Do you have it up now?

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Yes.

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thank you my apologies um just quickly the you can see the refusal here um one refusal as i

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Just quickly, you can see the refusal here, one refusal, as I said, we're required to have 1440 square feet per lot.

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We are evenly dividing our two lots and it will be into two 1125 square foot lots.

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You can see 21st Street, Fitzwater here, and 22nd Street, Clymer Street is behind us and has a lot of very small lots.

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every single lot on this block is undersized so actually none of them meet and most of them

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are smaller than our block so to give you an idea

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this is a close-up of our property again two standard rectangular lots they were conjoined

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at one point used for front-loading parking with a sun patio and a one-story addition.

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We've demolished the one-story addition and are now seeking to just subdivide this lot.

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There's no construction associated with this application.

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This whole project is in the RM1 zoning district and there's no issues there.

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We have a letter from SOSNA of a vote 12-0 in favor. And just to give you guys some

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feeling for this, again, here's the site plan. This is the existing home.

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This right here is the existing parking pad that the prior owner used,

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the gate and the one-story addition in the back that has been demolished now.

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and again all we are doing is seeking to subdivide this previously consolidated lot back into two

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lots. With that I would simply call the owner and my architect to adopt my testimony unless

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the board has any questions for me. Let's get your owner and we'll take it from there. Thank you.

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All right. Ms. Sunket you should see Stephen Rodriguez on the line.

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uh he would have to raise his hand all right

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okay he can unmute and be sworn in rodriguez please identify yourself with the record spell

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your first and last name steven rodriguez s-t-e-p-h-e-n-r-o-d-r-i-g-u-e-z and the owner of uh

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2118

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5th Bar Street.

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We're going to affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you. Please proceed, Mr. Whalen.

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Mr. Rodriguez,

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as you already stated, you are the owner of the

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project. Did you hear

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all the testimony and representations that

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I made to the board today? Yes.

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Are they true and correct to the best of your

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knowledge and belief? Yes.

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Would you adopt

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them as your own?

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I would.

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Thank you. Thank you. I offer Chairman Mr. Rodriguez up for any questions that the board

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may have. Thank you. Questions from the board? No. No. Would anyone else like to testify in this

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case? If so, please raise your hand. Yes, if I could just have Ms. Agatha Reister raise her

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hand, she's our expert architect, just to adopt my testimony again. Okay, please ma'am identify

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yourself spell your first and last name for the record? Agatha Reister, A-G-A-T-A-R-E-I-S-T-E-R,

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with Landmark Architectural Design, 1325 Snyder Avenue, Philadelphia, PA, 19148.

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We're affirmed to tell the truth, the whole truth, nothing but the truth. I do. Thank you,

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Mr. Whalen. Thank you, Ms. Reister. Did you hear all the representations I made to the board today?

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Yes. And are they true and correct to the best of your knowledge? Yes.

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and would you adopt them as your own yes do you have anything further to add i do not thank you

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and uh chairman and board members i offer both mr rodriguez and mr eister for any questioning

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

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please raise your hand no hand thank you planning commission good afternoon chairman members of the

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board ian litwin with planning commission staff the existing lot is twice the width of the other

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lots on the block the lots created by the subdivision are in scale with the rest of the

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block therefore we do not have any opposition to granting the variance for minimum lot size

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thank you 2020-001285 2118-20 fitzwater street my vote is yes

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2118-20

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Fitzwater Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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Thank you very much, everyone.

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Thank you.

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The next one up is MI2020-000944

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1759 North Marshall Street.

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Thank you.

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I have I have no hands up. Okay, MI 2020-000944. I'm sorry, Chair. Okay. They have now raised

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their hand okay good evening everyone sorry for that my internet was a little

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still acting up uh no i promoted him to a panelist oh sorry about that

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okay

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he's available for swearing in chair

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i'm losing everybody i'll try uh sir spell your uh please give us your full name and address

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spell your first and last name

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i think i lost everybody no chair you're here mr broski okay are you available

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i don't know if he's unmuted i know don't know what the problem is

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cole are you available

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let's skip over and go to the next what case in case he's having technical problems we can come

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back okay next one it's uh mi 2020 dag 000 773 1739 wiley street

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I'm going to leave and come back on.

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I'm having some problems here.

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And I don't have anyone with their hand up for this.

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Alan, are you for this case?

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Alan's for the next case, I believe.

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The one we continued from earlier today, this afternoon, Cleveland Street.

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I also have 1739 Wiley Street.

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Number 17.

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Yeah, Mr. Notkinson, do we have you listed as the attorney on this case?

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Yes. Oh, did you call me?

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Yes, we did.

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1739 Wiley Street.

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He's still on the oath.

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Yes.

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

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I do.

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Also, have you emailed an exhibit packet with the required documents,

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approval of ownership, approval of tax compliance, copy of the refusal or referral folders and plans

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five days prior to this hearing? I have. Have you met with the RCO and have a letter?

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I have. Thank you. Please identify yourself for the record. Good afternoon, Mr. Chair,

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members of the board, Alan Nockamson of Nockamson, PC, 123 South Broad Street, Suite 1600,

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I'm trying to turn on my video, but it's not letting me.

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Thank you.

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All right, so I'm going to share my screen.

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So in front of you is a packet of materials which include eight exhibits.

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The first exhibit is the property to 1739 Wiley Street.

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This is owned by 1739 Wiley Development LLC.

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This property is located in the Francisville section of Philadelphia.

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The exhibit number two is a tax clearance certificate for the property,

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showing that the property owner is in good standing with the city of Philadelphia.

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Exhibit three is a notice of refusal.

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So this is an RSA-5 property, and what we're looking to do is put a three-unit condominium here,

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and we're not seeking any dimensional variances.

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The only variance that we're seeking is a use variance.

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And as you can see from here, it's not out of character for Wiley Street to have multifamily living.

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for Wiley Street to have multifamily living. On these five separate occasions other than this one

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on these five separate

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applicants have requested from this zoning board variances to allow for multifamily use

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and on those five separate occasions this board has granted it. I was here last year regarding

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1724 Wiley Street which the board granted in favor of a two unit condominium. The reason is

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And here's the application for appeal that we filed with the ZBA along with the project information form.

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The reason why I believe it's not uncommon that in this part of Francisville that you would see multifamily use.

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You'll see multifamily use here.

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But you'll also see the fact that we're a block away from a commercial corridor.

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This is Ridge Avenue.

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