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Hearing video

ZBA Hearing - January 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 12, 20226h 5m

Just make sure you answer the question, that's all.

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Yeah, of course.

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Is either Carrie

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or Nicole from Cano Architects

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on the call?

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I don't see anyone by that name with their hand up.

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Is David Ross with their firm, Mr. Knockamson?

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That's also Mr. Terror's business partner as well.

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Okay, the two ladies that you mentioned, I don't see anyone by that name with their

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hands up.

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All right, let me see if I can figure this out in terms of the slope.

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I'm going to reshare my screen.

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This is going to show the slope.

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I do apologize, Mr. Holloman, that we don't have our architect on the call, but the slope is here.

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As you can see, it's rather steep.

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Can you blow it up a little more?

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Yeah, sure, Mr. Holloman.

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Let me move it over.

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So it's rather steep where the steps are in the rear.

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The steep slope is really more towards the back of the property than in the front.

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it does look like it is slope like if you look just visually from the street

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but i don't think that gets us to sleep the steep slope most of the steep slope is in the rear

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where it connects to the 3515 uh midvale street avenue property okay thank you you're welcome

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um mr uh terror have you virtually raised your hand

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Mr. Ter, you can unmute yourself and wait for the chair's instructions.

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Thank you. Could you state your name and spell it for the court reporter? Jeremy Ter, J-E-U.

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Could you state your name and spell it for the court reporter?

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Jeremy Ter, J-E-R-E-M-Y.

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Last name is Ter, T-E-R-R.

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T-E-R-R.

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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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Yes.

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Thank you.

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Mr. Ter, you heard everything I stated today.

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Yes.

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And is it true and correct?

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Yes, it is.

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And do you adopt it as your own testimony?

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Yes, I do.

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Thank you.

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We have Mr. Ross here as well, if you need additional questions or answers related to

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steep slope or design development.

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Thank you.

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Questions from the board?

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No, thank you.

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Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions from the virtual audience?

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You can unmute yourself and wait for the chair, Ms. Langer.

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Hello?

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Yes.

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Could you state your name and spell for the court reporter, please?

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Yes.

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my name is hillary langer h-i-1-l-a-r-y-l-a-n-g-e-r and i'm chair of the east falls community

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council all right do you swear affirm do you swear affirm to tell the truth the whole truth

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nothing but the truth i do thank you very much okay thank you um yeah mr knockinson has uh

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accurately described some of the process we've undertaken over the last year. We feel we're

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mitigating some of the issues of the parking that is not provided at 3515 on Midvale,

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which is why you see the parking accommodated up on this particular property.

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so we feel as I stated in my letter of support that we've reached a reasonable scheme here which

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we hope that you can support there is one outstanding issue for us in that we had requested

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a deed restriction or a proviso contained within this that the 12 parking spaces you see in the

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rear which are zone cmx two and a half will never be developed as an apartment building

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without parking spaces we haven't really received those assurances

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Ms. Nakazim has said that neither proviso or deed restriction is necessary in order to prohibit that kind of development.

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So I would like to hear and put into the record assurance that part of the lot cannot be developed.

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um as a building and that if there are any proposals uh that indeed it would be a variance

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that we would um that we would uh oppose yeah um mr chair members of the board i had a conversation

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with mr langer uh i think it was yesterday his concern is that after we received this hopeful

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variance approval from the board that we would then try to submit a zoning permit application

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to erect an apartment building essentially on 3570R, what is known as 3570R.

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As I indicated to Mr. Langer, this application is for a proposed consolidation of multiple

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lots. Some of the lots are RSA 5. One of the lots, 3570R, is CMX 2.5. If this board should grant

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the variance request for the consolidation and for the use of three single-family homes with

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accessory and non-accessory parking, if we elected later on to try to erect a multifamily building

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on what was formerly 3570R, we would have to go through the variance process all over again.

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That's my understanding. So that's why I indicated to Ms. Langer that no proviso was needed because

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you'll need a proviso for something that could happen in the future. And if it did,

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we would have to go through this variance process again with community input and ZBA approval

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necessary. And the deed restriction would not be necessary either under those circumstances.

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uh and the deed restriction would not be necessary either under those circumstances

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thank you yeah i would like to know if if if there's any chance that that could be a by right

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development there so i would need confirmation that this indeed would be a variance if anything

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were to be proposed back there rebecca

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i would need to touch base with sharon to address this specific issue would you like me to circle

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back to this case at the end of the list yeah we could do that we could do that

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i'm wanting to hang around a little bit well and we'll figure it out okay and then we'll go

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forward why don't why don't we just so that's the only thing we would have

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Is there any other comments from the virtual audience?

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There are no heads at this time, Chair.

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Okay. Planning Commission, where do you stand on this project?

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Chair Bergman, thank you for asking. Members of the board, the comprehensive plan recommends no change in the residential single-family zoning at this location.

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The steep slope does present a hardship to using this property in conformance with the code.

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and so after discussions with the neighbors and the applicant has revised their original plans

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to be more in keeping with the character of the block so the city planning commission is going

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to recommend to you chair that the board grant the requested variances according to the revised plans

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so why don't we do this let's just hold on to this a little bit we'll check on this in about

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half hour an hour and then what we'll do is we'll just take a vote then is that okay alan

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Thank you, Mr. Chair.

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I'll be here a while.

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I have four.

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Oh, yeah, I noticed.

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I noticed.

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So, yeah.

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So we'll come back to this before the end of the day.

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Okay?

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Thank you.

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All right.

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All right.

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Let's move on to the next one.

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Okay.

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M.I. 2021-003-960-40-E Silver Street, Mr. Nockamson, RCO-HACE, Letter of Opposition.

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Thank you, Mr. Chair.

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Just state your name because you're already sworn.

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

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And our vice chair has a few questions.

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Sorry for the noise. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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It appears that you have submitted all the required documents?

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Yes, we have.

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You may proceed.

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Hi, may I share my screen? Yes. Thank you.

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Hi, so I'm here for 40 East Silver Street. This is in the Harrogate section of Philadelphia.

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We have our typical presentation packet. We have a table of contents which includes our notice

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refusal. This is an RSA 5 property, but as we'll explain later, RSA 5 property in name only.

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I was here last year on a similar project, which the ZBA granted, with the City Planning Commission recommending for its approval of a two-family dwelling, given our understanding is that the City Planning Commission is recommending that this block actually be rezoned as RM1.

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I have correspondence from HASE, CDC. Yes, they provided a letter of opposition, but with no zoning-related issues, it had to do all with affordability and matters like that, which are not zoning-related.

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I do have a petition, which you'll see in our presentation packet. There are 43 properties on the, I guess, the 0-100 block of East Silver Street.

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So that means 42 properties are not related to our property.

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Of those 42 properties, we had 13 individuals sign in support of this project.

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So more than 30% of the individuals signed in support of this project.

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While the HASE CDC, I don't believe there were any people nearby or on that block.

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My understanding, too, is that some of the individuals who live on that block are also in attendance in the audience.

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again just like last hearing these individuals are going to testify it's really important to

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them to have development on this block especially multi-family in terms of affordability which is not

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you know on you know a zoning consideration it's more affordable to have more units on

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a property than less but they want this developed it's you know this is a problem this is a property

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or a block that's had problems with drug issues, drug-related issues, and they want this development to help.

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drug issues, drug related issues, and they want this development to help those issues go away.

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The next exhibit you'll see is just appeal number MI-2021-001425. It's proof that the ZBA did

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grant 12E Silver Street for two units. You'll see in the notice refusal originally my client asked

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for three units. I spoke to my client specifically about what the board was discussing on 12E

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silver if this was an RM1 property two units would be allowed as a right and that's why I told my

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client so you know that he should you know propose and that's why we changed up our plans is to have

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three units two units if this board would grant this zoning request a variance request we would

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ask for a proviso maximum of two units we have maps of the area photographs of the property

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surrounding area. Plans and drawings are proof that we sent out notice of the community meeting

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or application for appeal or deed to a property and a certificate of tax clearance.

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This property is owned by Forty Silver LLC. I have one of the members, Lenny Chernak, who will

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testify and adopt my testimony. All right, the refusal. This is an RSA 5 property

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and essentially the you know do we have a use refusal for the multifamily nature or proposed

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multifamily nature of this property again I you know told my client that you know this based on

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what the planning commission told us this will be converted into RM1 if that's the case based on the

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last square footage two units will be allowed as a right and I told my client that the board has

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granted this in the past for two units on a similarly situated property. That's why we're

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asking for a proviso maximum of two units. And then we have a de minimis request for the occupied

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area where 75% is allowed and we're asking for 78.8%. This is a letter that the board should

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have seen that was in our presentation packet that we submitted last week. But if the board looks,

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There is actually here, they actually did say that three affected addresses were in support.

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They indicated nothing about the people who were in the affected area against it.

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So there were three in support.

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The only opposition is the board themselves who are not in the affected area.

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and then further proof of the people on that block

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who are most impacted or in support of this project

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are the people who are on 88 e-silver,

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10 e-silver, 17 e-silver, 43 e-silver,

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20 e-silver, 30 e-silver, 32 e-silver,

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22 e-silver, 18 e-silver, 17 e-silver,

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45 e-silver, 24 e-silver, and 39 e-silver.

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Actually, my client didn't even get 12 e-silver,

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the one who actually got the variance last time.

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So in actuality, we had 14 of the 42, which would be a greater percentage of that block.

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And it's really difficult to, you know, get people to open their doors.

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This is not the, you know, it's a neighborhood that's going through a transition, but still has a crime problem, plus the pandemic.

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But we still were able to get almost a third of the people on that block to sign and support it.

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And then here's our application for appeal under ZP-2021-002616.

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Again, 20 East Silver, July 20th of 2021, this board granted a similar variance for its two-family household living in, you know, there was an existing structure.

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And then just showing where we are in the neighborhood, as you can see, this little pocket is RSA 5, but we are surrounded by multifamily and ICMX.

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We're on, you know, we're not that far from East Lehigh, which is, you know, a commercial-ish corridor.

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Then just maps it from a Google perspective, and then photographs their properties.

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This is a vacant lot, showing that this is a residential property in nature, to the right of the property on the East Silver, to the left of the property, East Silver.

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And then here's, again, other properties on that block that have a multifamily history.

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16 East Silver is a triplex.

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24 East Silver is a duplex.

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30 East Silver is a triplex.

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34-e silver is a triplex.

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And then just our site plan showing, you know, that we're proposing a three-story structure.

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And again, if you look at it, we have a significant amount of open area and outside area.

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And then what we're trying to do is replicate the traditional brick facade with a modern feel.

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with the modern feel, but you'll see that we do have a cornice line with a cornice,

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but you'll see that we do have a cornice line with a cornice.

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which would try to replicate the old Philadelphia row home.

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And then just our floor plan.

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Both of them are bi-level units.

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Unit one is a one-bedroom, two-bath unit with flex space in the basement.

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Unit two, which is on the second and third floors, is three bedrooms, three baths.

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So it's a mixture of people who are moving into a neighborhood, the one bedrooms, as well as then the unit number two is for someone who is, like, looking to have a family, not have the responsibility of homeownership who can, like, move into this property as well.

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Excuse me, counselor.

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Your plan showed two units or three units?

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