civus
Hearing video

ZBA Hearing - May 17, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 17, 20237h 55m

Thank you.

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Hey, Hillary, Alan's got quite a few cases today, too.

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Yeah, he's coming.

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Okay, good.

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I see Alex Goldberg raising his hand.

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Okay, let's bring him on.

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Oh, wait a minute.

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Maybe it's Alan using his line.

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uh there he is okay um um mr cole i mean i'm sorry mr knockinson um we have uh strawberry

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mansions on the line they'd like to continue 1830 diamond street yeah uh we object to that

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um we met with the community we actually have a letter i believe either in non-opposition or

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support of our project i believe you have a letter of non-opposition the 32nd ward yeah so

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And I think the rationale between, you know, I looked at the letter, but I talked to Mr. Goldberg, who did look at the letter.

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We got it pretty late within the past hour.

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The rationale is that they, I guess, councils having hearings about Airbnbs and they want to, the Strawberry Mansion community concerned wants to hold off this hearing until they hear from council about this matter.

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Even if council passed the law, it would not apply to our application.

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SO FOR THAT REASON, I WOULD ASK THAT THE BOARD ALLOW THIS TO BE HEARD.

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OKAY.

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STORMERE MANCHIN?

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HELLO?

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MR.

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CUMMINGS?

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YES, PLEASE.

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STATE YOUR...

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GO ON.

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HI.

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I'M BONITA CUMMINGS.

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SURE.

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Right, um, Mr. Nackam, I did want to apologize for being late with the election and just other community projects, you know, it got away from me to be able to submit the letter, so I do apologize for that.

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All right, all right, all right, all right.

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Ms. Anatham.

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But I have been, I was asking for continuance because the council member at large, Isaiah Thomas, is holding hearings on this matter of visitor accommodation licenses.

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There are many already multifamily units in and around the Philadelphia community that the RCOs have already gone before the zoning board, which we now are being brought back before the zoning board for these same locations to give visitor accommodation license acceptance to.

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So it's a broad matter, and it's a matter that would turn our neighborhoods into hotels and very transient blocks.

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So we're trying to at least get some cooperation to be able to get a comprehensive conversation and decision around the bill that's created this visitor accommodation license so that our blocks are not turned into transient blocks or blocks that will experience lots of nuisance.

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We're not L&I, and these locations will, in many cases, put residents in a position of heaven to micromanage conduct of these types of locations.

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So we just were hoping to get the cooperation of the attorney and this board so that the mayor and for Doolin, all of the people involved in this, could actually really make sure that we're making the best decisions for this license.

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this license right now would in my opinion put the board in a position where you'd have to

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approve them because it'll be one and the attorney's positions will be well one is already

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in the block then it's two then it's three so the community has no they have no ability to to win

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or to to uh defend themselves in the situation of not being opposed to having too many of these be

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in one block so so we're just asking for a little bit of time i mean yeah so miss coming this is

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what i think we're we want to do i i noticed that the 32nd ward is approved with it they're

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recommended a proviso that it'll only be a temporary variance so i'm going to go on with

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the hearing and then we'll call you as a witness when i call for the community you can you can talk

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then and listen the board will listen to your comments then okay but we're going to go on with

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this today. Thank you. All right. Thank you for your time. Okay. That's it, right, Hillary?

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Yes, Mr. Chair. Okay, let's go here. So let's go to our add-ons. MI 2022-007-565-472-74

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of Roxburgh Avenue. I vote no. Thomas Holland, my vote is no. James Snell, my vote is no.

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Ishmael Shaheed, my vote is no. Mr. Snell, can you please certify that you watched the video for this one?

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Sorry about that, Hillary. Yes, I watched the video and I'm well in tune with what is going on with this case. Thank you.

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Number two, MI 2022, 004582, 1712 North Taney Street.

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I vote yes.

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Jim, you're going to have to certify on this one too.

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Thomas Holland, my vote.

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Revised plans, one page, stamped by ZBA, May 17, 2023.

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Thomas Holland, my vote is yes with proviso.

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James Snell. I certify that I watched the video, May 10, 2023 hearing, and my vote is yes with Proviso.

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Ishmael Shahi, my vote is yes with Proviso.

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Number three, MI 2022, 004-589-1825 North Taney Street. I vote yes. Proviso, revised plan, one-page stamp by ZBA, May 17, 2023. And Jim, that's another certification for you.

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Thomas Holloway, my vote is yes with Proviso.

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James Snell. I certify that I watched this video of the May 10th, 2023 hearing, and my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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And the last one for the Adelands. MI 2022-004-583-1730 North Taney Street. I vote yes with proviso. Revised plan, one page, stamped by ZBA, May 17, 2023.

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And the last one for the Adelands. MI 2022-004-583.

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My vote is yes with proviso.

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James Snell. I certify that I watched this hearing by way of video. My vote is yes with Proviso.

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Ishmael Shaheen, my vote is yes with Proviso.

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We're going to go on to the regular list. We're going to hear number one, number two,

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number three, number four, number six, and number eight all at one time. I'm going to read

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the case numbers into the record. Number one, MI 2022-004-694-1929 Ridge Avenue.

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Number two, MI 2022-006-983-1901 Ridge Avenue. Number three, MI 2022-004-680-1248

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North 19th Street. Number four, MI 2023-000821-1907-15 Ridge Avenue. Number six, MI 2022-004-679-1917 Ridge Avenue.

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And number eight, MI-2023-000359-1306 North 19th Street.

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Alan Nockleson is the attorney.

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Mr. Nockleson, for the record, could you state your name?

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Mr. Nockleson should be coming back in as a panelist.

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Okay.

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Yes. Good afternoon. Alan Ockamson, A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N. My client is Rich Point LLC. And the in the virtual audience is Jack Asran, its member.

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And our vice chair just has a few questions for you, sir.

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Good afternoon, councilman. I mean, good afternoon, councilman.

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Oh, here you go.

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I got a promotion.

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I'm still thinking it's election day or maybe it's a demotion I don't know yeah do you agree

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do you agree to waive the reason of the refusal and stipulate towards accuracy uh yes have you

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emailed in all the required documents that are needed to proceed with this case five days in

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advance of this hearing uh yes thank you please proceed I understand talking with Hillary that

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you're going to do an opening statement

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Give us a general idea of all of them. Then we'll go one by one.

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Yes. So we'll just start with just the I know we did combine materials and then I went after talking to Ms. Emerson.

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It made more sense to show them individually because this is one comprehensive project.

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It's a scatter site project of over 50 units.

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And this is a project that has a combination of properties that were owned by the city of Philadelphia and individually as well.

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And through, you know, through an ordinance, we acquired these properties and we're here to just present them as the ordinance was passed, knowing that this would be by way of variance.

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And this is one of those projects that I'm extremely proud of.

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I don't live far from here.

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And I really think it's going to help redefine this area.

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It's a mix between workforce housing and market-based housing.

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All of the single-family houses in this project are workforce housing.

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And that was really important when we acquired this property, as well as for the community.

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So, you know, we're hoping that people who live in this community will be able to purchase and remain in this community.

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And just so you understand, none of the variances have to do with the increase in density.

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They're really dimensional in nature.

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I think there's two parking refusals, and we'll go through that.

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But you can see just in general, like the lots that we're talking about are a regular shape in nature.

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So it was really hard to conform to the Philadelphia Zoning Code in that respect.

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So we'll go through each project, and then my understanding is I'll present the project.

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So we'll go through each project. And then my understanding is I'll present a project,

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the board will vote, we'll go to the next one, and the board will vote, and so on and so on.

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And hopefully my internet doesn't conk out like it has today so far.

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So and, you know, I usually have my whole like, hey, we'll go through everything.

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Given the length of this presentation, you know, in our materials is the RCO meeting notice. So we

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had one meeting but we sent notices out for each of these these these projects separately so you'll

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see in your presentation materials or community notice with proof of mailing and what addresses

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they went to you'll have the deeds to each of these properties showing that you know you know

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the corporate entity that owns it and again at the conclusion of each of my presentations

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or for each project i'll ask jack asram to virtually raise his hand adopt my testimony as his

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own. So, and so on and so on. Each of the presentations include our application for

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appeal for the particular project and their certificate of tax clearance. So let's go first

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to 1901 Ridge Avenue. Okay. So this is an R-M-1 property. And what we're trying to do is a two

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family dwelling. We're not getting refused because of the amount of units. It's just an irregular

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shaped lot. And even because it's a regular shaped lot, we were still able to conform to

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the dimensional requirements of the Philadelphia Center. We have two refusals. One is a roof deck,

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and I would say it's a roof deck in name only. We'll look at it. You'll see the illustration.

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It's just like a triangle shaped portion, an exterior portion of one of the units. It's just

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a place for people to sit and grab a cup of coffee, but it's not a roof deck by any means.

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The second refusal has to do with the accessory parking. This property has a curb cut already of substantial size. This was, my understanding, a commercial property at one point. Now there's only one. But we're moving over the curb cut a little bit and reducing the size.

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so we're repurposing a curb cut and you know we think that that makes sense under the circumstances

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to at least provide one parking spot here and you know we're providing more on-street parking

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because we're reducing the size of curb cut so this has this property has a history of off-street

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parking so we had a letter so we met with the community and they were very supportive of that

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so you'll see that there are some provisos that they requested about parking they wanted to

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provide this is one of the few ones where we did provide the parking which we ran about the

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philadelphia zoning code because of it um but we also told them that again we're trying to create

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a sense of community the only way we can create parking for this type of project is to make a

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massive apartment building which no one wanted they wanted single family affordable housing which

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we were able to create um so if we would have created off-street parking all that would have

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happened is we would have had to do front loading parking or taking eyes off the street which makes

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no sense we're on there's public transit that goes up and down ridge avenue makes no sense this so

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that was the first proviso overall for this project the the scattered site project the second one

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was about affordable housing which we're providing and then they wanted space for a local business

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again this is basically a pre-packaged project we met you know we met and gained the approval

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of not only the land bank but city council in trying to create the amount of density needed

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to help support the commercial quarter on the commercial aspects of ridge avenue so we want

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to help support the commercial quarter where there is commercial zoning we don't want to create

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commercial uh product on our project because we would have to go back to city council

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the land bank and i don't think that would make sense and take a long time to do

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um so they understood that too and we're entering into a separate community benefits agreement as

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to that uh and then they asked for reduction of the units again we're not asking for variances

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for density with the exception of one project which we did a lot created as a right which you'll

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see next is the apartment building where originally we asked for 13 units where 10 units were allowed

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as a right in rm1 property so as an accommodation and a compromise we reduced that so none of our

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project is asking for any uh dense density uh variances so that was a combination we made as

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a compromise. And then just again, you'll see this is just a project in a nutshell. This is

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where we are at 1901 Ridge Avenue. We're at the tip of Ridge and 19th Street. Very interesting

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part of town. Maps of the area. So this is common throughout all of our presentations. We did a map

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from a zoning perspective, but we did a key so the board would know where we are. So

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from a zoning perspective but we did a key so the board would know where we are so again we're number

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again

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21 here that's uh that's 19 old ridge right here and then the architect janice woodcock who is in

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the or audio virtual audience and she can answer any technical questions the board may have also

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labels all of the properties that we're doing work on some of these properties have already been built

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because they were as a bright.

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So all these properties on West Thompson Street,

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anything in blue has been built

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or it's under construction and as a bright.

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We're just seeking to vary.

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It's part of this project as well.

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And then photographs of the property.

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So we're in the tip right here.

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As you can see, it's a regular shaped lot.

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The whole block is essentially, you know, vacant.

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These are other photos.

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This is the hearing notice posters.

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you know showing proof of posting from 19th enbridge avenues and then this is just our

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plans and again this is the rendering where you see here the you know the the landscaping up top

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there's like a little area that could accommodate basically a chair and a cafe table and that's

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what that's our roof deck and it's a roof deck in name only just we just want some

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the ability for someone to sit and have a cup of coffee and it would create eyes in the street for

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this corner. And then right here, you can't see it here, but this is where the Austria parking

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spot is. Oops. And then I'm just trying to decrease the size of this. I mean, it's just

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a two unit. I mean, and they actually go side by side. So there's one entrance or both entrances

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are Ridge Avenue. And, you know, it's, you know, first, you know, first floor, second floor, third

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Third floor, first floor, second floor, third floor for unit one, same thing for unit two.

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And then here's what's considered our roof deck, which is really not a roof deck, but technically under the code it is.

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And then this is just our parking space right here.

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And again, the curb cut is a proposed 10 foot wide curb cut, which is a lot less than what is currently existing right there.

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So we're decreasing the actual field conditions in terms of our variance from the Philadelphia Zoning Care.

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We met with the community at a well-attended meeting on April 12th at 6pm.

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71 addresses were notified of that meeting.

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These are the addresses. Well, we don't need to go through it. I mean, I can, but I'm trying to streamline it.

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If there's nothing else, I would ask that Mr. Azran virtually raise his hands.

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Mr. Azran, can you unmute yourself and wait for the chair?

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Yes.

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Sir, could you state your name and spell it for the court reporter?

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Jack Azran.

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Could you spell it, please, for the court reporter?

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J-A-C-K-A-Z-R-A-N, like Nancy.

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All right.

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

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