civus
Hearing video

ZBA Hearing - December 15, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20214h 39m

Sharon, I think the only thing we can do is have a resumptive hearing on just

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and if they you know maybe we can work with Sloan if they didn't go to the appropriate RCO then

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maybe they need to go to an RCO and then we have the hearing when an RCO approves it. Does that

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sound the way to go well the only problem is that if that was the assigned coordinating rco

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it would not have been the applicant's responsibility to question i agree i agree

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i agree so when we get when we get something from the rco then then we'll vote right yes please okay

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all right so this will be a resumptive here we're going to continue this when we have information

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from the rco we'll bring it back okay bring it back bring it back when time you can work it in

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or bring it back

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when Tanya can work it in

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so we're going to schedule this

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for all online for January

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the 18th at 9.30 a.m

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for only a reading

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of the letter into record

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thank you chair

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thank you very much

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would you like the interpreter to interpret that

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yes please

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okay

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esta audiencia

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se está

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se está posponiendo y va a haber una nueva el 18 de enero del año entrante a las nueve y media

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de la mañana esto va a ser para lectura de la carta en cuestión para que se para que se lea en

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el acta thank you so very much interpreter for your services thank you you're very welcome

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Okay.

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You're very welcome.

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All right.

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Number five.

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MI 2021-003756, 1835 South 19th Street, Point Breeze Development Coalition, letter of support.

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Alan Nocklinson is the attorney.

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Mr. Nocklinson is coming back in as a panelist here.

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Thank you so much.

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Mr. Nockamson?

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Yes, sorry about that, it seems I'm having problems with my Zoom.

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Okay. Okay. State your name and spell for the court reporter?

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Yes. Good afternoon, Mr. Chair, members of the board.

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Alan Nockamson of Nockamson, PC.

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A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N, address 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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

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I do.

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all right sir thank you mr mackamson do you agree to waive the reading of the refusal and stipulate

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to its accuracy i do have you emailed the exhibit packet with all of the documents required yes

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and we do have the rca letter in support from point breeze community development coalition

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so you may proceed thank you um and i also have revised plans so if the board does elect

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to grant this zoning appeal, I would ask that they would grant it with the revised plans

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as a proviso. And I do have those plans in my packet, and I also distributed those plans

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to Ms. Soledad before the hearing. May I share my screen?

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Sure. Yep.

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Sorry, it's just my computer's really slow for whatever reason. So I'll make it short

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suite. We do have a letter of support. I do have computer issues. I do apologize for that.

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Here regarding 1835 South 19th Street, property in the heart of the Point Breeze section in

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Philadelphia. The only refusal we have is regarding the setback in the front because

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we're surrounded by two two-story structures. If my computer would behave itself, you would see my

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presentation materials um you know what is there a way that we could promote miss amazon

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uh as a host sure and so maybe she can go through materials and i can just voice it over

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that's fine all right um she should be in the virtual audience

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amazon is coming back in as a panelist now

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Good afternoon.

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Ms. Amazon, please state your name and spell for the court reporter.

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Of course. Clementa Amazon, C-L-E-M-E-N-T-A.

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Last name is A-M-A-Z-A-N.

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Do you swear a firm to tell the truth, the whole truth and nothing but the truth?

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Yes, I do.

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And the address is 123 South Broad Street, Suite 1600-19109.

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Proceed.

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Of course.

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So the only thing is, Mr. Chair, my screen froze. I don't know if you can hear me.

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I'm trying to stop sharing and it won't let me, so I'm just going to leave the meeting temporarily.

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Okay.

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So I'm completely frozen, all right.

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Oh, jeez.

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All right.

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All right, sir.

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sorry about that can you see me we can

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okay okay so mr chair you see the notice of refusal

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uh i'm just trying to leave the meeting

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All right, so you'll see my

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refusal, my letter of support from the 23's Community Development Corporation.

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Oh boy.

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Mr. Mackensen.

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i think she knocked them off when she went down there a minute

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okay oh can you see me now i can i can see your exhibit one i can i don't see you but i can hear

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you all right that's good enough um and i was called miss amazon did not have my revised plans

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but miss saletta does so um i'll work off of this this is what we previously

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sent to the to the zoning board of adjustment before we sent the revised plans but this is

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our excuse me this is sharon i can confirm that we have the revised plans the only um change is the

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um oh my goodness there is going to be a alan help me here mansard roof mansard roof yes thank you

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yes and this is actually and i don't know if anyone from the point brie cdc is here that was

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the basis for the approval as well it was the mansard roof so anywhere anyway this is an rm1

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property uh we're looking to put two units in here we're not asking for any increase in density

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we're not asking for uh any dimensional variances other than the fact that we're surrounded by two

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two-story structures and we're instead of have instead of having an eight-foot setback which

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which would completely ruin the floor plan for the upper unit we're asking for a mansard

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roof, which would lighten the height of it. It's a very typical request under those circumstances.

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So as you can see, we have a letter of support from the Point Breeze CDC. And again, I did talk

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to Franz Pierre or communicated with him today. He should be virtually online as well. My

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understanding is that their office would be in non-opposition to this project.

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But just, again, we're in the heart of Point Breeze.

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We're between Mifflin and Siegel on 19th Street.

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Here's a map showing where we are from a Google perspective.

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As you can see, you know, the use that we're requesting is allowed because we're RM1.

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We're in the middle of RM1 in Point Breeze here.

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Photographs of the property, again, we're between two-story structures.

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We're vacant locked.

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You can see pictures to the right of the property on South 19th Street,

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the left of the property on South 19th Street, and then just our plans and drawings. And again,

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the site plan has been revised. Ms. Saleta has a copy of just the revised proviso plan form,

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as well as the revised plan that I hope the Board would agree to. The only difference between this

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site plan and the one that you're seeing here is that there's an illustration for Mansard Roof.

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It's pitched, you know, I believe a little over 13 degrees.

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We pitched it as far as we can to allow for it to have a functional floor plan on the third floor.

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So you see here, here's our third floor.

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We're going straight up.

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If we had to go back 18 feet, excuse me, eight feet, excuse me, we would essentially lose that front bedroom and the second unit would be less functional.

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we created a mansard roof by pitching it such that the second bedroom on the third floor would remain functional still.

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uh it's still the second bedroom on the third floor would remain functional still and the

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community agreed that that was a reasonable request uh just you know again proof of our

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mailing of our notice we are in the community meeting we had in november 22nd at 6 p.m we

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showed them this the notice of refusal as part of our mailer there were 219 addresses that received

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a notice of this community meeting here are the addresses that the planning commission told us to

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send it to. And then here's our proof of mailer. And then here's our deeds of property, showing

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that Golden Key Construction LLC owns the property. Question. Application appeal to the zoning board

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of adjustment, along with the notice of refusal, our project information form. And then finally,

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our certificate of tax claims. So with that being said, I would be more than happy to take any

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Any questions for the board?

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Do you want to have the owner's rep adopt your questions?

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Yes, yes.

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Mr. Ghazi Haida-Seven.

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Thank you for the audience.

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Mr. Nacrimson, what's your client's name?

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Ms. Ghazi Haida-Seven.

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i don't see anyone by that name uh mr chair as a officer

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yeah fine fine questions from the board yes mr chairman

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what the counselor what percentage of the building is out of the ground

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um i'm looking at the site plan

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having a problem saying this is not my computer so um i cannot hold on let's see oh they can't

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hear me can you hear me we can okay um you know i think i think chris johnson i apologize for the

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technical issues i think chris johnson the architect is also on uh virtually on uh the

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call so he may be able to answer that i'm having problems like seeing this again this is not my

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computer so trying to find a way to actually expand it okay so we are we are six feet below

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grade uh we're actually our basement is six feet below grade and then we're four feet above grade

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So our height is 10 feet, we're 6 feet below grade, 4 feet above.

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Does that answer your question, Mr. Holloman?

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Yes. Do you have street approval for the Wendy Wells?

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Yes, we do.

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Thank you.

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You're welcome.

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Other questions from the board?

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No.

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Okay.

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Questions from the virtual audience?

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We have someone by the name of Benjamin Cromey. Mr. Cromey, you can unmute yourself and wait for the chair.

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Yes, hello. Can you hear me?

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Sure. Do me a favor, state your name and spell it for the court reporter.

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Yeah, William Benjamin Cromey, W-I-L-L-I-A-M-B, Cromey, C-R-O-M-I-E.

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

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I do.

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Okay. Yes, sir.

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So I live next door, 1833, South 19th Street, and I just want to offer my support for the project.

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Thank you very much for calling in, sir.

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Okay.

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Okay.

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Planning Commission.

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Good afternoon.

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Chair, we have other members in the audience that wanted to speak.

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Sure.

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we have france pierre with his hand up mr pierre you can unmute yourself or wait for the chair

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hello again yes france pierre councilmember johnson's office that's that's right you're

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already sworn several times go ahead sir yep i need me to spell it mr chairman uh you can

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okay uh that's f-r-a-n-t-z first name last name pierre p-i-e-r-r-e yeah i just wanted to pull on

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the record that the council member joins the community and they're non-opposition to the

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appeal thank you anyone else has comments chair we have someone that says call in user five

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It says call in user 5.

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Call in user 5.

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Call in user 5, you can unmute yourself.

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You can unmute yourself and wait for the chair.

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Hi, this is Tiffany Green

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concerned citizens of Point Grease.

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Do me a favor.

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Spell your name for the court reporter, please.

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T-I-F-F-A-N-Y-G-R-E-E-N.

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Did I swear you once today already?

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Yes, you did.

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Okay, good.

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I want to speak to this particular project

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and the fact that

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this particular um uh and allen has come into point breeze many uh over the last three four

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months and each time the project is always about never following the code in terms of the character

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of the community and um and i just want to put on the record that our rco opposed this and um

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And the reason why, because the fact that, you know, the setback was particularly, and I've explained this to the board before and each time they vote in favor of changing the character of our community.

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it's a two-story block and um and just to put it on the record that the eight foot setback was uh

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was a particular uh solution uh submitted to us by the city of philadelphia managing director's office

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alan greenberg who i personally met with and at that particular point that was their solution

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to our concerns until we were able to uh have a rezoning um to after the eight foot setback

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That's how that came apart to be a part of the zoning code.

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And so, therefore, I don't feel that there's any particular unnecessary hardship here regarding the uniqueness or the physical issue that would not require this particular project to be built to code.

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We continue to lose our two-story community.

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And unless they can show unnecessary hardship, then I think that, you know, I would like for the board to consider, you know, helping to maintain the character of the two-story blocks.

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here okay because we continue to lose that and um it's just been very difficult and i feel at this

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