civus
Hearing video

ZBA Hearing - June 9, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 9, 20216h 56m

Civic Association. Sorry, this is scrolling really slowly. Let me just help myself here.

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The community notification letters, aerial views of the property, zoning archives from your properties, photographs and plans.

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Let me just get to my photographs here real quick. We'll scroll through.

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Here we go. All right, so 3626 Helen Street is a large double wide 2,414 square foot parcel

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with this existing two-story cinder block structure on it. Part of the application is to

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legalize that second-story addition that was added prior to my client owning the property.

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This parcel was previously used as garages, which is what most of this block is, which I'll talk

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about later. Helen Street is a small dead-end street, accessed off of Venango between Jasper

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an emerald in the Harrogate neighborhood um here's some photos of the block um so my client

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purchased this in April 2020 in the condition that you see here and our proposal let's get to

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the plans is to complete the renovation of that existing structure and to use the property as

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three two-story single-family row house style units but they're all on one parcel so it's

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considered multi-family. Each unit would be one bedroom and one full bath with the kitchen living

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and living area on the first floor and the bedroom and the full bath located on the second floor.

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The trash is going to be stored in a locked trash area on the property and taken out on trash day.

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There's a very similar project to this already across the street at 3619 Helen.

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So these three units that you see right here, our project will be very, very similar to that, not including this back unit.

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And the zoning board approved this project back in 1999.

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The only refusal we received is for multifamily dwelling because it is RSA 5.

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But like I said, that's why we think that this is an interesting thing, because we are doing

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these single-family style homes, not necessarily an apartment complex. And because this is a double

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wide lot, where in theory you could build a couple of single-family homes, we're really probably at

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a lower density with three one-bedrooms, as opposed to two, three, or four-bedroom units on this

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property. Let me just switch to the aerial view of the block.

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the aerial view of the block.

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All right, so this block, in addition to kind of being closer in conformance with

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the residential zoning than the prior garage block, this block is zoned, this entire block here

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is zoned RSA 5 for single-family residential use. However, that is not primarily how this block is

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used um it is mostly small um garages um there are 38 parcels on this block there's only four

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single family homes that one multi-family current unit one vacant lot four backs of properties from

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emerald street and 28 garages which are either standalone properties or garages for properties

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on emerald and jasper street and we believe that converting these former garages on this property

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to a residential use would not only be more in line with the current residential zoning,

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but would also benefit this block greatly because it would get more eyes on the street,

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people interacting with the block, and help prevent some of the problems which you can see

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in some of the photos of dumping and there's some also some other illegal activity that tends to

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happen when you have these back blocks that are neglected and don't have people interacting with

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them. So we met with Harrogate Civic. Sorry, one second, technical issues here. We met with

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Harrogate Civic, and I don't know if Sharon is on the board, is on this call, but she actually

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has one of the properties that backs up to the spot as well, the president of Harrogate Civic.

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So we had, I mean, it was Harrogate Civic. It was fairly well attended. There was 14 people there,

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and they unanimously supported the project. They did ask for a couple provisos, which were

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installing additional lighting security cameras, making sure the property is kept clean, exploring

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green energy and other greening options. I'm not so sure these are enforceable, but my client does

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all agree to them as these benefit him as well as the community and just aren't a big problem.

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So at this point, I would like to ask Julio if Julio Lopez is on the call to raise his hand so

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I can have him adopt my testimony I see no one with that name hold on chair he just raised his

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hand okay thank you good morning sir please identify yourself spell your full name and I'll

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swear you in uh Ullo Luis Lopez J-U-L-I-L-L-U-I-S-L-O-P-E-Z you swear or affirm to tell the truth

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the whole truth nothing but the truth yes i do thank you jennifer please proceed so julio did

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you hear my test county here today and believe it to be truthful and accurate yes and do you adopt

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it as your own yes thank you thank you questions from the board no no no anyone else would like

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to testify in this case please raise your hand only on 36 26 helen street please raise your hand

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Only if you wish to testify in this case.

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I see no hands at this time, Chair.

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Thank you.

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Planning Commission?

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Good morning, Chair Chico, members of the Planning Commission, sorry, zoning board,

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the board, in 2017, this area was remapped from RM1 to RSA5 in accord with

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recommendations from the comprehensive plan.

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however the proposed use and dimensions are consistent with what would be allowed under

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RSA 5 including the unit density so the city planning commission has no objection to this

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variance thank you very much MI 2021-000662 3626 Helen Street my vote is yes 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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before we have to go back to case number three

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I think I failed to put a proviso in

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so MI 2021-000667

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1426-44 North 6th Street

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my vote is yes with the proviso

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revised plan

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two pages approved today

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my vote is yes with proviso

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yes with proviso yes with proviso sorry about that

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jim you're not coming through right um okay on to number 11 calendar number mi 2021-000720

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5301 euclid street the attorney is bart levy

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good morning again mr levy please identify yourself for the record i think i should

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Good morning again, Mr. Levy. Please identify yourself for the record. I think I swore you went earlier, so you're still under oath.

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Mr. Levy?

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Yes, sir.

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Please identify yourself for the record.

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My name is Bart Levy. That's B-A-R-T-L-E-V-Y. I'm attorney for Elam Associates, LLC.

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sir do you do you agree to waive the reading of the refusal and stipulate to its accuracy

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yes have you emailed the exhibit packet with proof of ownership tax compliance

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a copy of the refusal or referral photos under plans of the property five days in

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advance of this hearing and have you met with the rco and do you have a letter

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hello yes uh we didn't hear your response yes my answer is we have met with them and we do have a

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letter okay great you may proceed thanks all right so i'm i'm not i'm sure why i'm not getting any

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video. Can you guys see me? Can I have, oh, start my video, okay. How's that? We see you now.

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So, in other words, just to get right to it, 5301 Euclid Street, even though I don't have control of the exhibits at the moment.

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Mr. Levy, pardon the interruption, are you able to share any of your exhibits?

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I have a file now, and I can share all of them.

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I just don't know how to load them up.

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Well, Ms. Sunkit will walk you through it.

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Do you have the actual documents open on your desktop computer?

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Do.

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And do you have a regular file that it's literally open with your documents visible?

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If so, you can go to the bottom of the screen on your Zoom application and hit share.

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once you hit share

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then you're going to hit the documents

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that you wish to share with us

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okay

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so you say it's at the bottom of the screen

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you should see a green button that says share

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you're on a desktop computer right

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okay it's coming up

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share them um but your documents aren't open it's showing your files

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did that come up

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first document come up no we only see your files a list of your files

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well i've got them all opened at the top of my screen

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um do you see the deed now no we don't so when you want to share you had to click on the actual file

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it says i'm screen sharing you are but you're not sharing the documents it's just your

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file listing? Could I possibly ask my client who's an officer from the LLC to join us,

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Mr. Elam, if you could raise his hand? Yes.

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If I may address the board on this matter then, without the exhibits for the moment.

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So 5301 Euclid was purchased by my client, which is Elam, in October of 2020.

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When we found it, or when we purchased it, the property is essentially two separate units with two separate addresses, two separate kitchens, two separate sleeping quarters.

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And for that reason, the property has never been lawfully rented out, has never been lawfully used as either a one-family unit or a two-family unit.

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What we're asking for the board to consider is allowing us to operate this as a two-family dwelling.

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Now, when we met with the RCO, their concerns surrounded the fact that the property had not been properly.

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Their concerns surrounded the fact that the property had not been properly used, at least in their memory.

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There were trash problems.

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There were building appearance problems.

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My client, once we can get the exhibits up, has undertaken to completely restore and remodel both units.

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The idea of the place being unused right now is part of the point.

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I'm sorry. Mr. Levy, may I interrupt for a moment?

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Who would be sharing the screen with the presentation?

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Mr. Rodney Elam.

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Okay, so we're going to promote him, Yvette, to panelists so he can set up and share his screen.

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Mr. Levy, if you could select the green share button and bring your file down, and then we'll allow him to share his screen.

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I should stop sharing?

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Correct.

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Very well.

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Sorry.

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I believe he's in.

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good morning good morning mr elam please identify yourself through the record spell your first and

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last name rodney elam r-o-d-n-e-y last name is e-l-a-m you swear or firm to tell the truth

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the whole truth nothing but the truth i do thank you mr levy yes sir yes sir and mr elam if you

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could share your uh screen some of the documents that would be helpful sure i guess i might have

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the same problem that uh mr levy was having is this basically a legalization mr levy it is

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essentially the property is not being has two separate homes in it or two separate home

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structures but was never brought before this board for for lawful approval of that use for

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that reason the property fell into disuse and and what that caused was a blight of of this property

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and and just about everything else a true eyesore the neighbors concerns were whether we in our

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project would include such safety things as cameras and really attention to the property

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Well, I think, pardon the interruption, we do have some, we see, I guess, the front of the building in question here.

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Which is ours, the one with the cone on it?

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Actually, the one all the way to the right with the fence around the deck.

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Yeah.

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That's actually the picture of what it used to look like when we, that's what it looked like when we purchased it.

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Can you share any other documents, exterior, interior?

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Yes, I'm actually trying to pull that up now.

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For whatever reason, okay, so I know I'm supposed to hit the share screen button, but it's just

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bringing my right okay all right here we are okay so the exterior of the property as now we have

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or a bunch of umbrellas that oh okay now we got it go ahead okay that's the exterior of the property

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as it is now uh this is uh as of last week uh completely uh restuck out on the outside of the

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property there's the interior which was completely uh it was just completely destroyed uh

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upstairs basically uh is a three bedroom one and a half building uh one and a half bath unit

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and the bottom uh would be a one bedroom unit

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uh hvac system uh like i said completely uh remodeled would would be completely remodeled

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with everything there's enough the view of the front of the property uh as mr levy was stating

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that that's the rear of the property the place had a lot of problem with weeds uh debris on the

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outside that's actually the side of the building with an egress and entrance to the basement unit

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uh i'm sorry there's another picture of what it used to look like

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um essentially like i said we would just like to get a zoning to make it a multi-family unit

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um and to me improve uh what was definitely a blight to this uh entire uh neighborhood and

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street okay thank you there is a letter of non-opposition from winfield residence

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um questions from the board no no no no anyone else would like

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no no no no anyone else would like to testify in this case please raise your hand only for

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5301 euclid street here we have a miss brenda williams miss williams you can unmute yourself

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and speak good morning miss williams please spell your full name and i'll swear you in

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good morning miss williams good morning please spell your full name and i'll swear you in

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brenda b-r-e-n-d-a williams w-i-l-l-i-a-m-s you swear for him to tell the truth the whole truth

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nothing but the truth yes please proceed uh my main concern as they did mention that it was

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blight on that corner um i've lived on this block for 45 years and i've seen it good and i've seen

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it very bad uh so the main concern that our neighbors have are the maintaining of the building

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or of the property in itself it has constantly been allowed to grow weeds as high as I don't

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know what and that's on both the property on the front and alongside um presently he did show some

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pictures but I don't recognize that as of today um there's a hole on the side of the building

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where the door is and i feel that that is a safety problem also there were um debris excuse

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the interruption but apparently the renovations haven't been completed he's in the process of

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renovating the building okay now where were you showing the door where that that wood on the

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bottom on the ground is not there it's a hole there and then they have buckets of debris in

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the back of the building which will not be picked up by the city because of it being uh bricks and

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stuff so we just have a problem with the maintenance of the building and the safety

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may i may i address that uh briefly the board which you see right there is there right now

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that's this photo was taken this morning uh as there was a uh complaint about the hole

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so we did have it covered um the debris uh that you mentioned with the buckets that's right now

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this is as of this morning they're gone okay all right i haven't been out this morning all right

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thank you and mr mr elam just uh try to do your best to maintain it while you're going through

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construction we understand it's part of the construction you know leaves behind some debris

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but do your best, please, to maintain it while you're doing the renovations.

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Anyone else to testify in this case?

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I see no other hands as of now, Chair.

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Thank you. Planning Commission?

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Thank you, Chair Chico. Ian Hegarty for the Philadelphia City Planning Commission.

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The comprehensive plan recommends no zoning change for this area.

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however the proposed use of two dwelling units is similar with the previous use as one dwelling

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