civus
Hearing video

ZBA Hearing - September 29, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20218h 23m

Thank you.

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Understood.

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Thank you.

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Anyone else to testify? No more hands, Chair. Planning Commission.

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Anyone else to testify?

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Bye-bye.

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Good afternoon, Chair. Nicole Ozdemir from City Planning Commission staff.

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n-i-c-o-l-e-o-z-d-e-m-i-r do you swear or affirm to tell the truth the whole truth nothing about

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the truth i do thank you please proceed thank you the comprehensive plan recommends no change

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to the existing commercial mixed-use zoning at this location due to this being an existing use

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in the commercial corridor and mandating parking is seemingly a hardship here the planning commission

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recommends the board approve this variance thank you MI 2021-002852 1621-27 Cecil B. Moore Avenue

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my vote is yes with the following provisos temporary variance to expire May 30th

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2026 and uses be limited to banquet and catering facilities no private club use

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carol tenary my vote is yes with provisos confessor plaza yes with proviso james snell

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yes with proviso thomas halliman yes with proviso thank you

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um let's see we go to Mifflin Street now am I number 10 on our list MI 2021-002280

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1937 Mifflin Street Mr. Notkinson is the attorney of record

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point brie cdc sent a letter of support and a petition signed by near neighbors in support

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mr knockamson just identify yourself you're still under oath and miss tenary will ask you some

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questions i'll actually be handling this one um i'm sorry i didn't look up i was looking at my

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notes sorry miss amazon you're still under oath also just identify yourself and miss tenary will

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have some questions for you. Thank you. Clementa, Amazon, C-L-E-M-E-N-T-A, last name A-M-A-Z-A-N.

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Hi, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal,

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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? Yes, and we have a letter of support.

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Okay, great. You may proceed. Thank you.

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Can everyone see my screen? Yes. Perfect. So today I'll be presenting 1937 Mifflin Street,

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which is a single family home. We are here because we are requesting the erection of a

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there's story addition. During my presentation, I'll go through the deed, certificate of tax

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clearance, notice of refusal, application for appeal, maps of the area of photographs,

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our proposed plans and drawings. And as was mentioned earlier, we do have a letter of

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support from Point Breeze CDC as well as letters of support from nearby neighbors.

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Here we have the deed of the property, our certificate of tax clearance showing the

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recent payment. And again, the refusal of the property is zoned as RM1. We are simply looking

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to have a third-story addition to an existing two-story structure. Application for appeal.

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Our project information form. Map of the area. So here we have a view at the front of the property.

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views to the left and the right of Mifflin Street. Our elevations again we're only looking to have

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that third story addition in here because we are not doing the setback because we're attached on

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either side by two story structures. So here we just have the rendering of the front of the property

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as well as the rear of the property. As you can see here we are simply looking to have a single

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family use although it is owned as RM1. So living room dining on the first floor, two bedrooms on

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second floor and then the third floor would be the master suite. We do have a letter of support from

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Point Breeze CDC. The community meeting was very well attended. We have nine in support, three in

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opposition, and we do have letters of support from nearby neighbors. Especially we have 1939 Mifflin

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Especially, we have 1939 Mifflin Street, Siegel, which is to the rear of the property, and several properties along Siegel and Mifflin signed the petition as well.

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Street, Segal, which is to the rear of the property.

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Here's the notice that we sent out to the community regarding our July 26th community meeting with all the current information.

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And that notice was sent to all of these properties and our proof of mailing.

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So with that, if I can have my client, Kalief Thompson, raise his hand and accept my testimony.

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Your client's name again?

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Khalif Thompson.

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If he's unavailable, I can stipulate as an officer of the court.

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It's been a long day.

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In the interest of time, you being an officer of the court would stipulate your client would

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have adopted your testimony.

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any questions from the board no mr chairman what else like to testify in this case please raise

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your hand we have a call and user chair calling user you can unmute yourself yes hi tiffany green

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concerning citizens of Wainwright.

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I guess I'll be...

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Ma'am, excuse me.

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Excuse me, one second.

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Please spell your full name.

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Tiffany Green.

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Spell your name, please.

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

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You swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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Yes.

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Thank you, ma'am.

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Please proceed.

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Chairperson, Chairman,

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Chico, I'm calling

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because this public vote, as far as we're concerned, is not valid.

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The public vote was not taken at the public meeting.

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We have no way of verifying if the nearby neighbors actually voted in this case.

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And we feel as though the developer should come back to the meeting and complete the meeting.

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In the process of the meeting, our RCO was the meeting host cut the zoning feed at that particular point.

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The refusal was never read to the residents regarding this project.

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And when just right when we were about to explain to the residents their rights under the zoning,

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because a couple of the residents wanted to know what about the refusal.

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Our fee was cut by the meeting host, and we were never let back on the meeting, okay?

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And that is a violation of the virtual public meeting law since the pandemic.

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And so we feel that the meeting was not completed.

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All RCOs should have the right to participate in the meeting and provide their comment to the meeting, okay?

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Chairman, if I might.

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let me uh just let her one minute miss amazon let the screen come finish the other issue is

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is that um okay let her can you let her speak and then i have a question you keep referring to

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when you refer miss green you keep referring to we uh who is the we we're referring to

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the services of point breeze our rco okay now this is the second that's that's that's let me

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finish please that is different than the correct me from wrong than the point three cdc is that

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not accurate yes yes we are having this who is the coordinating or who was the coordinating rco

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point three cdc did you attend that meeting yes i initially attend that meeting and you're saying

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you were not permitted to speak yes our zoom link was cut off by the meeting coordinator

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intentionally we can provide you with that link zoom link copy and when we were about to explain

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to the residents about their right regarding a setback and what a setback is and so

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So, and that's an issue that we're having down here.

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And this has got to stop, okay?

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And the public vote is not taken publicly at the meeting, okay?

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The public vote is supposed to be taken at the public meeting, not being held over and concealed.

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So that public vote should be available to all RCOs to access to see what affected neighbors attended and what affected neighbors voted.

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And this is ongoing.

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All right, Ms. Mamazon, you want to say something?

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Yes, of course. So we did have a full presentation of this project. We went through the entire materials, including the refusal and the setback and the implications of not having that setback.

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Yes, of course. So we did have a full presentation of this project.

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We went through the entire materials.

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It is my understanding that point three CDC and concerned communities has had issues as it relates to the functions of the RCO and what is and is not supposed to happen.

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So we would say that is a work internal issue. We did have a full meeting of what was held at the end of that meeting.

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entirety of the meeting. Thank you. Okay. Anyone else to testify in this case?

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No more hands, Chair. Thank you. Planning Commission?

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Good afternoon. Nicole Ozdemir for City Planning Commission staff.

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please proceed the comprehensive plan recommends rsa 5 zoning at this location

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the dimensional requirements of the zoning code do not impose a financial burden on the applicant

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and the proposed dimensions conflict with the characteristics of the surrounding neighborhood

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the city planning commission therefore must recommend that the board deny the variance

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chairman i would just like to point out that we are looking for single families here although

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it's known as RM1. That's what I was going to say. This is not multi, it's single family, Nicole.

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So is it, would it be correct that the position of the planning commission would not be opposed

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to single family? That is correct. Yes, I apologize. I thought I missed something too.

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okay no problem no i apologize um the planning commission is not opposed to

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the single family nature um we are opposed to the lack of the third story setback

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oh okay thank you all right um

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MI 2021-002280, 1937 Mifflin Street, my vote is yes.

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Harold Tenneri, my vote is yes.

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Confessor Plaza, my vote is yes.

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James Snell, my vote is yes.

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Thomas Howland, my vote is yes.

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Thank you.

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Thank you. We can now go to case number 11. MI 2021-002-315. 3018 North Broad Street. Rachel Pritzker is the attorney of record. My notes say we're still awaiting a letter, but you may be able to clear that up. Ms. Pritzker, please identify yourself with the record. You are still on the roof.

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Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia PA, 19103.

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Let me just clarify one other thing before Carol speaks.

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My notes also indicate that if it is a yes vote, that the proviso be maximum of five units.

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So having said that, Ms. Tenere.

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okay do you agree to weigh the reading of the refusal and stipulate to its accuracy yes have

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you emailed the exhibit packet with proof of ownership tax compliance refusal referral

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

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rco and do you have a letter uh yes i believe we got the letter late last night so it was sent in

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uh today um okay you may proceed have it um okay

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so this is 3018 north broad street

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sorry this is very slow

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here's a copy of the refusal i'm going to give it a second to load

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As the board can see on my screen, it is zoned RM4, so it permits multifamily by right.

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The only refusals that we have for our proposed project, which is this construction of a attached

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building with seller for use as multi-family household for six

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pulling units relate to two-dimensional considerations and parking.

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The refusals are for maximum occupied area. RM4 district is 75% where we're proposing 98%.

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um rm4 district is 75 where we're proposing 98 um the architect can show you based on the plans

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what we're providing is actually in context with what's actually on the block this is a

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in the development site in the middle of broad street additionally rm4 requires

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two parking spaces based on the number of units whereas we're providing zero again this is on

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Broad Street, and you'll see it would be out of character to add parking spaces for this project.

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As the chairman mentioned, we spoke with the community, and we are willing to go down to

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five units. It was a result of them wanting to have a larger unit in the building for families,

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so we were happy to accommodate that. We did provide revised plans, but Ms. Saleta thought

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it would just be easier to do it as a proviso. As you can see on my screen, obviously, again,

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this is zoned RM4, so it's not out of character to have anywhere between three, five, and six

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dwelling units on the site, given the multifamily classification, in addition to the fact that it's

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on North Broad Street. I will just scroll down to the RCO meeting. We do have some excerpts from

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comprehensive plan, but I think everyone's well aware of the, I guess, the need or support for

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density on Broad Street. It's probably the largest artery in the city and has many multi-family and

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commercial mixed-use buildings on Broad Street. This is the deed. Again, just to show that zoning

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classification is RM4. It's an aerial. So as you can see, this is the only vacant lot on the block,

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everything else. And as you can see, most of these buildings take up almost 100% lot coverage.

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They have a pretty unique architecture, which we're going to be trying to mimic as best as

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possible. And it will be a nice sort of filling in of the only sort of empty piano piece that is

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undeveloped on this block.

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It's just zoning history.

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The coordinating RCO was the Upper North Neighbors Association.

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We met with them and here is their meeting summary.

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The meeting was July 8th.

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There were 20 people in attendance and there were seven votes of support from the board

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slash committee, 10 from all meeting attendees, and just three in opposition. So they issued us

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a letter of support. And in their letter, they specifically added a little bit more detail. As

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I mentioned, we didn't get that letter until 928. So that was yesterday. It is in the updated packet

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that we sent to the board. So you will have this for the record. But essentially, they wanted to

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support the project given it eliminates blight in the neighborhood,

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provides housing options, maintain, we provided a maintenance and trash

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plan. We stated the willingness to hire people from the neighborhood for property

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management and also our intention to kind of continue to work with

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the Tioga community as a partner as well. This is a

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certificate of mailing. I'll have

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our architect, I believe Scott Woodruff is here from Design Blends, who can just

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go through the plans and uh sort of again uh point out the dimensional considerations and you'll see

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from the plans and the existing conditions on the block um it would be really out of character to

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to fulfill the parking requirement which is the two spaces

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scott woodruff still on the line

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please identify yourself by your name and i'll square you away

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Scott Woodruff, W-O-O-D-R-U-F-F, 4001 Main Street, Philadelphia, PA, 19127.

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

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I do.

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Thank you, Ms. Pritchard.

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I'm sorry, Chair, if we could pause a moment, and could he please be promoted so he can present?

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I better promote it, man.

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Thank you.

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Scott, if you're presenting, we can't hear you.

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sorry about that always when i get promoted um i was saying uh the lot 16 feet wide um

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sorry about that

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along broad street as you said rachel uh there's a 20 foot sidewalk uh that's against this being

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on broad street um so for those uh reasons getting any sort of curb cutter parking onto this this

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