civus
Hearing video

ZBA Hearing - October 6, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20214h 21m

Good afternoon, Madam Chair.

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Hi, how are you?

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Can you put your name and address on the record and spell your last name?

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Sure. Sean Whalen, W-H-A-L-E-N, 6 Coulter Avenue, Suite 1000, Ardmore, PA, 19003.

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Do you swear or affirm to tell the whole truth and I'll think about the truth?

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I do.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral,

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photos under plans of the property five days in advance of this hearing and have you met with

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the RCO and do you have a letter? Yes to all. Okay great you may proceed. All right thank you.

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Okay hopefully right now you're seeing a Google map I'm here representing the owner

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of 1943 Schneider Avenue. That's right here. Easier to see on this screen. As you can see,

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it's CMX2, RM1, all throughout with CMX2, commercial at all of the corners. We are proposing

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a new four-story building. The lot is vacant currently and has been a long-standing vacant

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lot in the neighborhood. It is approximately 3,800 square feet and we are proposing a new

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four-story building with first floor commercial. Here's the letter from West Passy Young Neighbors

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Association and actually we had a resounding approval of 16 to 0, 16 in support with zero

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opposition um the primary focus here of the community was the and obviously if they're on

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they can speak for themselves as well but was the inclusion of commercial in this project

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the board may recall there's been a number of matters before this board in the last few years

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on this block not necessarily this block but on this avenue and everything is going residential

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only or seeking residential only use the we in fact are having approximately 2 000 square feet

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of commercial on the first floor which is by right but that is the primary focus of the

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That is the primary focus of the community in keeping commercial on this corridor and getting a viable commercial use.

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community in keeping commercial on this corridor and

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So essentially everything we're doing stems from that.

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We are seeking 16 dwelling units on floors 2, 3, and 4.

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That's 16 total dwelling units spread across floors 2, 3, and 4.

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There is one unit, one of the 16 units is on the first floor.

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that's the ADA accessible unit. For obvious reasons, that's beneficial to have on the first

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floor. And like I said, we have 2,000 square feet of commercial on the first floor. So we have four

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refusals, which are up on the screen right now. We have added density. The density here is to

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offset the first floor commercial because there's an obvious financial reason, which is why everyone

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is coming to this board for residential use only is because that's what's economically viable and

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the commercial is not. However, we are committed to using and keeping viable commercial at this

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location as has actually been demanded by this board in the past. The second refusal we have

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is that 38 feet is permitted, whereas 45 feet is requested. The additional foot height there

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is simply because, as we've presented to this board numerous times before, viable commercial

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modern tenants demand a higher floor plan for their first floor commercial uses, and the

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traditional 10-foot use of the past is simply obsolete from a commercial standpoint.

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um secondly we have uh lastly rather we have the third and fourth refusals which are related

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uh that we are using we are seeking to use 100 of the occupied area instead of

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80 as is allowed and that means that we are taking away the nine foot minimum rear yard requirement

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the basis for this is this does not affect light and air because as you can see from these site

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photos these are the two i'll zoom in to make this more visible for you here are the two

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walls right next to us we are adjacent to two side walls so we're not affecting our 100 lot

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coverage will not affect or impact any other property other than our own and again the basis

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of us using the entire lot is for the benefit of a viable commercial tenant coming to this location

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in essence if we provided the nine foot required rear yard setback that would be along this wall

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and you would have the property is 70 feet wide so you would have nine feet by 70 feet is 630

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square feet so essentially that 630 square feet would take a 2,000 square foot commercial space

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down to approximately 1,350 square feet, which really is not large enough for a viable commercial

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use going forward. So that's why we believe we meet the criteria. And we are too small to utilize

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the green roof housing bonus here for the extra density. That's why we're not utilizing it or

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for taking advantage of it. And we are also not capable of any other bonuses for this

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project. So with that, I would call Ms. Agata Reister from Landmark Architects.

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And is she going to adopt your testimony? Yes, she would. Okay. I'm not sure if I'm being heard.

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we can hear you put your name on the record please spell your last name yes and i'll swear

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you in um agatha reister with landmark architectural design um a-g-a-t-a-r-e-i-s-t-e-r

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do you swear for him to tell the whole truth and nothing but the truth i do okay sean it's all

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yours she's all yours thank you madam chair uh yes miss reister you're the project architect

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for this property, correct? That is correct. And did you hear all of the testimony that I just

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presented? Yes. And do you believe it to be true and correct to the best of your knowledge and

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information? I do. And would you adopt it as your own? I would. And simply, would you agree that we

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meet all the criteria for a variance under the Philadelphia Zoning Code as you understand it?

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Yes. Yes, I do. Thank you very much. Madam Chair, does the board have any questions for Ms. Reister?

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Does the board have any questions? Yes. What is the trash plan?

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The trash is actually located, I'm not sure if, who has control, if I could see the ground floor plan, sheet A1.2, the trash room is located right next to the bicycle room and access from both stair towers.

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The trash is actually located. I'm not sure if who has control.

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Thank you, I see it.

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You're welcome.

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Yes. So, and I neglected to bring that up, but all trash will be stored inside and removed. We'll have commercial trash removal, which will pick it up only, and it will only be outside during the time from which it's exited from the building and put into the trash trucks.

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Thank you.

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All right.

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Does anyone else have any questions? And are there any other witnesses, Mr. Whelan?

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Yes, I would just call Ori Fybush to adopt my testimony on behalf of the owner.

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Okay.

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Mr. Fybush, can you put your name on the record and spell your last name and I'll swear you in?

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Sure, absolutely.

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Ori Fybush, 1936 Washington Avenue.

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My last name is spelled F's in Frank, E-I-B-U-S-H.

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Thank you.

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Do you swear for him to tell the whole truth and nothing but the truth?

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I don't.

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You may proceed.

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Thank you, Mr. Fivebush.

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You're here on behalf of the owner today?

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I am, yes.

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And have you heard all of the testimony presented so far in this matter?

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I have.

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And do you believe it to be true and correct to the best of your knowledge and information?

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I do, yes.

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And would you adopt it as your own?

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I would.

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Thank you.

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And do you have anything further that you believe is necessary for the board's understanding of this matter?

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Just subjectively, I had an opportunity to present this project to the community, to the ward leader and to other stakeholders and your neighbors.

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It was a well attended meeting and everyone was really quite excited.

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The chairwoman may remember that the property immediately to the north of this went before her about two years ago and same density, same height.

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But the real consideration was that when this corner eventually came before the zoning board, that it should, in fact, have commercial.

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And we've certainly maintained that promise for many years before.

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I'm also just very excited for the design that GADA had put forward for this project.

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I think it really elevates the corner and the corridor here and will do a lot to really invigorate a commercial corridor that has struggled for many, many years here.

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and really just have a lot of hope and excitement for this piece here.

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All right, thank you.

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Madam Chair, does the board have any questions for Mr. Feibusch?

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I don't think they do, but it sounds like an exciting project.

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Planning Commission?

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Madam Chair and members of the board,

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the Blot is making awesome speaking on behalf of the Planning Commission.

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Blot is designated for single-family residential in the comprehensive plan,

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but is known for commercial mixed use.

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Under the recommendation of the district plan, only three units would be permitted by right,

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but even under the current zoning, only seven units are permitted.

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Three additional units for a total of 10 could be earned through the participation of a mixed

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income housing bonus program available in the zoning code.

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The requested height could also be earned under that program.

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However, the proposal is for dramatically more units than is permitted under this bonus

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program, but does not provide the associated public benefits that would normally be required

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to earn these units or the extra height.

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there's no hardship that would necessitate any of the extra units height or occupied area and

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therefore the staff of the planning commission recommend against the granting of the requested

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variances okay and i just want to put on the record that the rco west passion neighbors

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association submitted a letter of support for this project yes and i'm sorry to interrupt i know this

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is out of out of order uh madam chair um yes there was a 16-0 letter of support but i would just

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correct the planning commission uh bill number two one zero four seven four dash a as amended on the

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floor in june actually prohibits the use of the affordable housing bonus in this instance

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because we do not meet the required uh by right use of 10 units or more can i can i correct that

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i'm sorry mason you can unmute yourself

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that that's not accurate it does ban it from paying in lieu it does not ban it from me

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from using it if you include the units on site just as a point

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uh thank you madam chair i rest and i will answer happily answer any questions the board may have

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i don't think the board has any questions unless i'm wrong does the board have questions no madam

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Thank you. Calendar number 2461, 1943 Snyder Avenue. My vote is yes.

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1943 Snyder Avenue, my vote is yes.

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Professor Plaza, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Good luck with this.

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Calendar number 2099-2000, Spruce Street.

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The attorney is Adam Laver.

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and the RCO has submitted a letter of non-opposition

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and the RCO is the Center City Residents Association.

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Mr. Laver, you're there.

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Can you put your name and address on the record?

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Spell your last name and I'll swear you in.

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Good afternoon, Madam Chair, members of the board.

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Adam Laver, LAVSA Victor ER of Blank Rome, 1 Logan Square

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on behalf of SWC 2000 Spruce Street Associates, LP, and City Living Philly.

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

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I do.

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

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I do, Madam Chair.

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Have you emailed the exhibit packet with proof of ownership, tax compliance,

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refusal, referral, photos under plans of the property five days in advance of this hearing,

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and have you met with the rco and do you have a letter and we already know that that the center

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city residents association approves of this yeah affirmative to all and a letter on file

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madam chair members of the board up on the screen uh before you is an aerial photograph

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i thought it would be helpful to place the property in context and i'm using the hand in the

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icon in the lower left hand corner to try to take you to the property which is just south of

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rittenhouse square it is the brownstone of the southwest corner of 20th and spruce streets

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i'll go through a couple photographs again just for context here is the property it's a large

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property this is not the most current photo this is an aerial shown when the ownership was fully

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restoring the outside of the property in a beautiful immaculate way. And here is a site

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plan for context, not directly relevant because we're not proposing any changes to height, bulk,

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or area, but I thought it would be helpful for the board to see that the property runs from

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Spruce at the north along 20th Street through to Cyprus at the south. With me today is Jason

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Nussbaum and Tom Hallinan, the owners and managers of this property, and a presence in the neighborhood

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for many years. The property is located here in purple, CMX1 zoning. You can see that. The property

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is a 6,000 square foot mansion. It's adjacent to RM1. And I should note, being located along the

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20th street corridor it is a transitional area from many commercial uses to the residential feeling

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along spruce street here are some photographs that show the beautiful exterior renovations

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the scaffolding has come off and this mansion has been returned to its glory

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the property itself has long been registered for seven dwelling units and at one time a

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professional office too there is one refusal before the board which is a request to change

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the use registration to visitor accommodations the application before the board is to register

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the property to fill a need in the community for high-end hotel residents experience.

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No additional density is proposed and the visitor accommodations would fall within the

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existing layout of the seven units that I mentioned. Here are some historical photos

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that show the property over time. Why do I bring this up? You have a historical property,

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a property that hails from another time there are not many residences left like this the ownership

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has worked very hard to preserve this historical treasure and located where it is at the corner of

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20th street where you have a mix of restaurants and other commercial uses but also right next to

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some solid residential, we were looking to fill a need for a

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gap between these uses. And this is actually a response to what

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And this is actually a response to what we've heard from the community.

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we've heard from the community.

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Many people who live in condominiums and other local nonprofits in the area are looking for places for artists and others to come for extended periods of time.

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Also, family members when there is not room.

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Here are some renderings that show the updates that you've seen.

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The proposal is to fully restore and adapt the old grand structure to a modern seven-unit boutique visitor accommodations, to cater to someone who could afford the Four Seasons, if you will, but wants a Rickenhouse Square boutique experience, whether it's due to COVID and not wanting to be around a density of people.

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But obviously, we all hope and pray that COVID is not with us in the form that we've known forever.

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It could also be the corporate traveler who's looking to stay in a in a small boutique experience like this, or similar to what was seen some years ago, not many blocks away at a boutique hotel behind the Barclay.

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There were reports that Oprah Winfrey wanted that type of low scale experience.

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So City Living itself has been headquartered in the neighborhood since 1990, 31 years. Jason and Tom's management offices are down the street. I'm less than a block away from the subject property.

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And City Living, in this instance, is looking to partner with Archway Brand, which is a high-end boutique visitor accommodation, for 24-7 virtual concierge.

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Here you can see the interior of the property and the amazing spaces within.

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And as I mentioned, Archway Hotel Residence is a known entity.

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I'll go back just a moment.

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