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Hearing video

ZBA Hearing - June 26, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 26, 20244h 28m

I have a question.

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I noticed in the pictures that you presented that you have the trash cans in the front.

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And why aren't they in the back?

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You've got access.

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Well, I think that was trash.

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That was trash day.

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If that's trash day, trash, you have to put your trash at the curb.

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Yeah, I think it was just emptied then and put to the front.

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But, yeah, they are typically stored in the rear.

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Anyone else from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair.

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We have Craig Melodosian with the hand raised, and he hasn't allowed to speak.

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Good morning, Mr. Melodosian.

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Could you please state your name and spell for the course sonographer?

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Craig, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth.

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I do, Chair Bergman.

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Please proceed, sir.

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Thank you. Good morning.

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I'm the coordinating RCO for this matter, which involved the Southwest Philadelphia Consortium of RCOs.

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We had a well-attended community meeting on 6-17. Six of the participating RCOs were opposed to the project as it was presented. There was further communication from Mr. Anastasio the following.

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There was further communication from Mr. Anastasio the following Thursday. We laid out several issues that we thought were absolutely imperative to be met. The situation was that we believe in supportive housing. We know it's necessary in our community.

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At 6901 Woodland, we have a 250-person homeless shelter, so supportive housing is not unusual to us.

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Our concern in this matter was that we felt supportive housing is best achieved when it's delivered in the form of a personal care facility with 24-hour supervision and management regulated by the state.

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We set forth that and several other concerns regarding the segregation of sex by floors that we were concerned about.

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We certainly can. Thank you, Mr. Johns. We certainly will move the trash to the rear as a proviso issue.

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So we'd like to see if we can negotiate an amenable conclusion to this.

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We welcome investors to come into the community to deliver products that we need.

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This was, however, according to the moldy list when it was sold, a duplex unit.

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So I think applicant should have given some consideration to that use at that time.

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The other reason we want to get the zoning cleared up on this is to confirm that applicant has cured all outstanding L&I issues, which may not be an issue before this board, but are of concern to the community.

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Thank you very much.

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thank you thank you for calling uh anyone else in the virtual audience

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just to put a clarity mr chair uh the property was purchased as a duplex it still is a duplex

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it just so happens that one of those units is a five bedroom unit thank you anyone else in

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the virtual audience i see no hands planning commission

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I'm sorry. John, your mic is muted.

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Thank you. Thank you. Let me quickly pull up my testimony.

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Yeah, just for the record, state your name.

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My name is John Lavicar.

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Yep.

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So, my apologies for the delay here.

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No, take your time.

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The comprehensive plan recommends no change to the residential single-family zoning at this location.

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The appellant's request is similar to some other properties in the surrounding area,

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but the variance requested is not the minimum necessary due to the unit count.

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Therefore, the City Planning Commission recommends that the board deny the proposed variance.

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Thank you.

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Um, we're going to hold this until we hear, um, Hillary will close the case, except for the RCO and a response from counsel or the applicant. Is that okay?

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That is fine. Um, Mr. Chair, would you like to have a resumption hearing or have this addressed via a letter and a written response?

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I think, I think a letter and a written response would be fine.

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Okay. All right. Thank you.

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Thank you, counsel.

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Thank you, Mr. Chair.

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Number three, MI 2023-002-427-2739 North Fish Street.

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Adam Laver is the attorney.

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There's a letter of support from HACE, H-A-C-E-R-C-O,

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and a letter of non-opposition from Council Member Lizardo.

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Good morning, Mr. Chairman and members of the board.

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Adam Laver of Blank Rome, 1 Logan Square.

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

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Yes, Mr. Chairman, I do.

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

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Certainly. Blank Rome is proud to represent ASE, a Pennsylvania nonprofit corporation, owner of the subject property.

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

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Thank you.

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Good morning, counsel.

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Do you agree to waive the reason of the refusal or stipulate to its accuracy?

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Good morning, Mr. Vice Chairman.

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Yes, I do.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes, Mr. Shahid, we have.

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Thank you, counsel.

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Please proceed and share your screen.

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Thank you.

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Mr. Chairman and members of the board, on the screen before you, you can see the subject property.

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Mr. Chairman and members of the board, on the screen before you, you can see.

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By way of background, this board previously approved the new construction of a four-story, multifamily, affordable living, senior residence apartment building with 30 residential units and ground floor commercial space at this site.

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ASSEI recently completed construction of what is now known as the Rafael Barada Doria Place Apartments.

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I'm pleased today to be joined by ASSEI's Director of Housing Services, Amanda Garayoya,

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and she will be available if there are any questions later in the presentation.

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The record, Mr. Chairman and members of the board, reflects past support for the project,

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which has been renewed. However, the application today concerns accessory signage only.

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You can see in the photograph that's in front of you now, here in green, the subject property

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in a state of construction. And here you can see the existing property fronting on North 5th Street.

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The site is zoned CMX 2.5 and RSA 5, and the proposal calls for – and you see this

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in the upper left-hand corner – the erection of a one-foot-tall internally illuminated

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channel letters to identify the building as the Rafael Parada Doria Place, expanding a

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total of 21 feet 10 and a half inches across again the channel letters are one foot high

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moving to the notice of refusal there's one issue building identification signs are prohibited in

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the zoning district however the board i hope will note that the scale of the proposed signage

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in the context of the existing site and surrounding non-conforming structures

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meets the scope and spirit of the code.

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Mr. Chairman, you referenced the support documentation,

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which I have up on the screen, from the coordinating RCO.

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I've taken the liberty of just highlighting a few provisions

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that I wanted to bring to the board's attention,

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which I've essentially summarized already.

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And on the next page, Council Member Lozada

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has reviewed the application and lends her non-opposition.

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Mr. Chairman and members of the board, the authorization of variance relief will not

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alter the character of the neighborhood or district or be detrimental to the public welfare.

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The proposal fits into the surrounding neighborhood as evidenced by the support of neighbors,

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speaks to the granting of relief being of benefit to the public and within the spirit

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of the zoning code, and the proposed variance would represent the minimum variance to afford

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relief and represent the least modification possible of the regulation at issue. In this

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instance, the grant of variance relief will not substantially increase congestion in the public

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streets, increase the danger of fire, or otherwise endanger the public health, safety, or general

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welfare. To have one sign that identifies this affordable senior living complex serves as

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wayfinding and actually helps to better manage traffic flow. This will not adversely affect

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transportation or unduly burdened water, sewer, school park, or other public facilities.

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There are no environmental issues. As I mentioned, ASE's Director of Housing Services,

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Ms. Gara Yu is here if there are any questions. Why don't you bring everyone to adopt your

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testimony. Thank you. Amanda, would you kindly raise your virtual hand to be recognized by

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Chair Bergman? And if this may also be under Maria Gonzalez, if we can't find Amanda's name.

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Good morning. This is Amanda Garayua. Good morning. Could you please state your name and spell for the

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course sonographer. Yes, Amanda Garayua, A-M-A-N-D-A, last name Garayua, G-A-R-A-Y-U-A,

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Director of Housing Services at ASE. You swear or affirm to tell the truth,

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the whole truth, nothing but the truth? I do. Please proceed, counsel. Thank you. Ms. Garayua,

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thank you for being with us today. Have you been present for the entirety of the virtual

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presentation uh this morning before the zoning board of adjustment yes i have and ma'am would

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you adopt and affirm the testimony that i've offered as your own yes thank you

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questions from the questions from the board

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no no chair no i'm gonna recuse myself this is tya wing okay thank you

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I'm going to recuse myself. This is Taya Wynn.

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Okay. Thank you.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission.

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Hello, John Lovacar, Planning Commission.

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The comprehensive plan recommends a slight change in zoning at this location from split-zoned single-family residential RSA-5 and commercial mixed-use CMX 2.5 to solely CMX 2.5.

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There is no evidence that the signage will harm surrounding properties.

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Therefore, the Planning Commission recommends that the Board grant the variance for the accessory signage.

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M.I. 2023-002-427-2739 North Fish Street, I vote yes.

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Ishmael Shaheed, my vote is yes.

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James Snell, my vote is yes.

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Michael Johns, my vote is yes.

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Tana Graham, my vote is yes.

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Thank you.

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Mr. Laver, could you please stay on, please?

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Certainly, Mr. Chairman.

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So MI 2024-000-643-2232, Alter Street.

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There's a letter of unanimous support from the Point Breeze Community Development Coalition

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and a letter of support from Council President Johnson.

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

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Yes, Mr. Chairman and members of the board, Adam Laver of Blank Rome.

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and could you identify your client a relationship to the property yes blank room represents octo

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novo llc and husband and wife andrew yevramovich and river algiers trapler the owners of 2232

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altar street i'm sorry i was just going to spell for the court stenographer yevramovich is j-e-v-r-e

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m o v as in victor i see and our vice chair has a few questions for you council thank you

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council do you agree to waive the reading of the refusal or stipulate towards accuracy

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yes mr vice chairman i do have you emailed in all the required documents and exhibits that is

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needed to proceed with this case five days in advance of this hearing we have mr shaheed

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Thank you, counsel. Please proceed and share the screen.

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Thank you.

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Mr. Chairman and members of the board, I begin with some aerial photographs to put this property in context.

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You can see with the red lines, the subject property 2232 Alter Street.

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I've mentioned that Andrew and River are with us today.

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We also have architect Judy Robinson of Continuum Architecture and Design.

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The proposal before the board calls for the erection of a new three-story single-family dwelling to be built on a vacant parcel adjacent to other single-family homes that this couple have built.

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Where I am with the cursor is the side of Alter Street.

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you can see three single family homes that Andrew and River have built, the subject property that

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you saw a moment ago, and Andrew and River and their daughters live on this block, and they are

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also artists, very invested in the community, and have worked in a great way with all parties

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for the betterment of the Point Breeze section of the city. Here's another photograph looking

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the other way to that vacant lot. And on the left-hand side of the street, that's Altar.

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We are located within the ICMX zone. Andrew and River have been recognized for the positive

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impact that they've had on this block of Altar Street and within the community. As I mentioned,

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the block is also home to their art studio. Here you can get a sense of what the block looks like

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in no small part due to their sweat equity and pride in this neighborhood.

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The area that we're talking about is right here adjacent to those new homes that were built.

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you can see the postings actually and andrew and river and their daughters live down the block to

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the left octo studios was previously awarded a city of philadelphia creative industry

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Octo Studios was previously awarded a City of Philadelphia Creative Industry Workforce Grant for what they have developed on the block.

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And this is the area for the proposed development.

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This is across the street.

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And on the screen before you is the Notice of Refusal.

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There's one issue for the Board's consideration.

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Single-family homes are prohibited in the ICMX Zoning District.

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However, the proposed use, as you've seen in the exhibits, is completely in keeping with the surrounding uses along this revitalized block.

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Immediately adjacent to the subject property are residential homes.

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The same is true behind the property along Ellsworth.

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And across the street is a distributor ship, which fronts on Washington Avenue.

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It's a real model of coexistence of numerous uses.

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Proposed plans for your consideration.

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Andrew and River are proposing, with Judy Robinson's input, a three-story single-family residence, 38 feet – actually, if you look at the bottom left, I think this is a good view – 38 feet, two inches at the front, sloping down to 31 feet, six inches at the rear.

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The home allows for one car interior garage parking. There's no parking along the street there. And that is also in keeping with the properties adjoining. And you'll see in the rear, a rear yard for outdoor space.

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Moving to the floor plans, we can see the three floor setup and the bedrooms, two bedrooms on the third floor, which is a total, the house provides for two bedrooms, and the garage and living spaces throughout, I'm sorry, I said, did I say third floor for the bedrooms and the living space below.

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Enthusiastic support from Council President Johnson and the Point Breeze Community Coalition.

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Here is the letter from the coordinating RCO.

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And there is support that I've taken the liberty of highlighting in yellow, which is quite enthusiastic.

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I won't take the board's time to read it.

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And Council President Johnson's support following.

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Mr. Chairman and members of the Board, as you can see, Andrew and River are heavily invested in this neighborhood through sweat equity and personal commitment. They've helped to improve our city. They live and are raising their family in the neighborhood.

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This board, or prior iterations, if you will, of this board have reviewed and approved projects along this block.

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