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Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

This is an application at the corner of 16th and Master Street.

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This is an RM1 zone district.

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And what we're asking is to essentially demolish an existing structure to erect a new structure to be used as a six-family dwelling along with two surface parking spaces.

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to be used as a six family dwelling along with two surface parking spaces in the back. Now these are

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because of the corner property the parking spaces are actually accessed from the side of the

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property and not the rear as required. As you can see the parking refusals mostly are triggered due

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to the district and the location of the parking port. In addition we're asking for a use refusal

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variance for the number of units. We met with the RCO and received their support in this matter.

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The RCO of this area realized that, of course, this property, like many in the area,

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are surrounded by student housing. In fact, we are also surrounded on both 16th and Master Street

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by generally student housing. Across the street on the corner, that's a large 48-unit plus

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community center. That is also across the street from this property. Because of that, the larger

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units, which would happen if we were to try to go for three units, was something the community

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actually had more concerns with than what we are actually proposing. We're proposing to build a new

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structure and split the units, in essence, front and back, but they're individually much smaller

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units. Each unit would be essentially a one-bedroom unit accessed through a central stairwell.

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There is trash management in the rear yard. There's actually trash storage areas that is

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built into the plans. Again, it's all accessible from the side of the building, and we're providing

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two off-street parking spaces as a way to also help with the parking issue that would normally

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come with the additional units. As a result, the community is generally in support of this use.

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They actually have no issue with the idea of the units because of the bedroom setups. I'm going to

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move to the, I'm sorry, I have to scroll down, but I'm going to move to the actual

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plan of the units. I think it's easier to go this way. So as you can see, these are one-bedroom

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units that we're proposing, and they're basically smaller units. This avoids one of the biggest

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concerns of the community, which is having people come in, occupy a unit, and then hold parties.

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Initially, the RCO also had concerns with the roof deck. However, we worked out a CBA with the community, and they understood that the roof deck is a small deck that only applies to the upper floor one bedroom unit.

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therefore it's not a openly accessible roof deck that all units can go up to and it alleviates

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again the concern of the partying that is one of the biggest issues in the area so with the

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trash management the additional parking spaces as well as the minimized decks the community

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gave us their support in this particular application because we are also across the

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street from a very dense development. And we're surrounded also by student housing. A six unit,

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smaller unit design in this area, I believe would be a fitting use and would not negatively impact

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the area. The smaller units individually also would generate less concerns with safety,

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noise, and general cleanliness and trash. We are working also in addition, as part of the CBA,

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we're going to be working on trash cleanup with the community on a regular basis as an owner to

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make sure and the owner herself actually grew up in the community so she is familiar with the area

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and this is through a lot of discussion with her architect and also her understanding of how

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the community would prefer having the smaller units and this is why this particular application

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was brought forth in this manner and that is essentially why we're asking the board's favorable

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review of these particular variances to point out the two parking spaces in the back are mostly

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refused due to the access and the width of the lot being 17 foot rather than 18 foot which is

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the normally required depth for a parking space so the two spaces in the back essentially are a

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little bit smaller one foot shorter than what is normally required and the handicap accessibility

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which was raised as an item is also an issue because if we do try to make it handicap accessible

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we would have to make it only one parking space rather than two and getting the two cars off the

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street is actually more preferred by the community than having the handicap accessible parking

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more preferred by the community than having the handicap accessible parking space, one single space of that nature.

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So I'm happy to answer any questions from the board and certainly I can redirect to any part of the presentation if the board would like to see it again.

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Question from the board for the council?

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I'm sorry?

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I'm saying question is from the board for council.

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No.

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Yes, Mr. Chairman, you have five use refusals, that's a lot of use refusal for this one lot, so I think it's an overuse of the lot, and I don't think that smaller units is going to reduce partying.

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Thank you.

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Mr. Holliman, I do want to point out that four of the four refusals is related to one

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item, which is actually the two parking spaces.

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So the use refusal itself is for the number of units, but majority of the refusals actually

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relates to the layout of the actual parking spaces.

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Any other questions from the board?

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Thank you.

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No, Chair.

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Questions or comments from the virtual audience?

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Mr. Chair, excuse me, this is Hillary.

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I did have a brief question for Mr. Jin.

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Mr. Jin, at the beginning of your presentation,

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you noted that the existing structure would be demolished,

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but the refusal reads that there's going to be

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an addition to the existing structure.

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My apologies.

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Did something change?

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No, no, then it would be an addition.

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My apologies, that was my mistake.

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Okay, I just wanted to clarify and make sure the refusal was correct.

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Thank you.

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Questions or comments in the virtual audience?

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Chair, we have Plato Maranacos.

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Mr. Maranacos, please unmute yourself and wait for the chair.

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Good morning.

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

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Yeah, Plato A. Maranacos, Jr. architect of this application,

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107 South 2nd Street, Philadelphia, PA, 19106.

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Could you spell your name for the record, please?

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M-A-R-I-N-A-K-O-S.

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

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Yes, I do.

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Proceed.

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I don't have anything to add.

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I mean, Zen covered it well.

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I was here as the architect if there's any questions for me.

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Okay.

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We're fine at this point.

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Thank you, sir.

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Planning Commission.

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Thank you, Chair Bergman, and good morning, David Fecto with the City Planning Commission.

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The comprehensive plan recommends no change to the residential multifamily zoning at this location.

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There is no unique physical condition or circumstance of the property that would prevent it from being used in conformance with the zoning code.

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The applicant has not shown why six dwelling units required to afford relief instead of the allowable three.

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They have only stated the additional units as a preference.

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The City Planning Commission recommends that the Board deny the variances for dwelling units and parking.

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Okay.

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Thank you.

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MI 2022-006903-1619 Master Street.

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I vote yes with proviso.

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Proviso.

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Hold on a minute.

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With proviso.

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No rooftop deck. Maximum three units.

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Thomas Holloman, my vote is yes with provisos.

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James Snell, my vote is yes with provisos.

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Ishmael Shahid, my vote is no.

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Thank you.

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Thank you.

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Council. Number seven, MI-2022-006-843-706 North 5th Street. Verne Anastasio is the attorney.

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I've revised proposals going back to Northern Liberties Neighbors Association on June 5th.

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we will have a resumptive hearing on june 14th run could you identify yourself for the court

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and for the record and spell your name please certainly it's burn anastasio that's v-e-r-n

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last name is a-n-a-s-t-a-s-i-o representing the somoza family um for 706 north 5th street

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

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I do.

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I do.

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Our vice chair has just a few questions for you, sir.

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Our vice chair has just a few questions for you, sir.

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Yep.

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Yep.

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Good morning, counsel.

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

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I do.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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I have.

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Thank you.

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Please proceed and share your screen.

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Thank you.

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MR. CHAIR, AS YOU MENTIONED, WE ARE REQUESTING A RESUMTION HEARING.

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WE HAVE MET WITH NORTHERN LIBERTY'S NEIGHBORS ASSOCIATION.

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WE ARE GOING TO GO BACK IN GOOD FAITH ONE LAST TIME FOR A REVISED PLAN.

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SO WITH THAT, I WILL NOW SHARE MY SCREEN.

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okay coming up yep i got a few i have a few binders so i had to get through them okay great

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706 north 5th is the application was for was for a six family dwelling in an existing structure

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the property had presents itself as a six family dwelling my clients upon purchase

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physically saw it as a six-family dwelling. The history of the property, however,

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was that it was a legal four-family dwelling. And at some point prior to purchase and prior

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to being listed for sale, the property was outfitted for six. However, we are no longer

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looking for six units. We're looking for five. We're going to consolidate two of the units

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so there will be five units instead of six. It's an existing property, as I said.

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Now let me get to some of the interior so you can see at least the current condition.

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Okay.

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and it's nothing but mechanicals. I have photo evidence of multiple utilities,

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both electric and gas. We have two units on the first floor.

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We have two units above on the second

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and two units on the third. The third floor front is a bi-level unit. Again,

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what we're proposing is five family dwelling, no more than five. And by the way, and we will get

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into this just briefly for the benefit of the board, the property will be primarily owner

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owner-occupied. It's a unique situation where the family owns this property. Two of the daughters,

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and you'll hear testimony today, have cerebral palsy and are quadriplegic,

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and they're hoping to use the two first-floor units for ADA-compliant living spaces.

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two of the units are I'm sorry the parents are already occupying the property and that's it just

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them and then the two other children would also one other child will occupy and caregiver so what

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we're looking to do here in the five family dwelling is to occupy it primarily with family

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members uh caregivers uh and parents of the two daughters who are uh disabled so let me show and

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share some of the pictures of the property there is a side entrance that will make ada

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entrance and exit feasible here's some interior photos from the mls listing

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As you can see, there's the multiple electric meters, there's a fire system, there's proof

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of posting. We also, as I said, we met with the registered community organization and

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we mailed in notification 107 individual households, the notice of not only the RCO meeting,

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but today's hearing. According, by the way, I want to take note of page 87 of the Philadelphia

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2035 plan from the Planning Commission. Note for the record that according to the plan,

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this block is earmarked for medium residential density,

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which is 100% consistent with the five-family dwelling in this property.

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which is 100% consistent with the five-family dwelling in this property.

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Again, this is 706.

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702 is a multifamily.

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704 is a multifamily.

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700 is a mixed-use, commercial mixed-use.

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719 is a multifamily.

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717 is a multifamily.

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And, of course, Liberty Lofts is on one corner, which is lots of apartment buildings.

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and 723, 725, 727, and 729, all multifamily.

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So just for the record, I want to make sure that you understand

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that what we're asking for here today is completely consistent,

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not only with the Planning Commission's plan for 2035 via page 87,

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but also existing conditions of similarly situated properties on the block.

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The property is just under 5,000 square feet.

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And I did explain to you the plan for owner occupancy,

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looking for four plus one,

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which would be five units total,

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four units plus one caregiver unit.

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And that is, I believe, I think,

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and I hope that you'll see that one additional unit

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as a reasonable accommodation pursuant to section 504.

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to allow for the ADA caregiver

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so that these two women can not only live

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in a compatible sort of units,

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but that any income generated in the future

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would go towards their care, long-term care,

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when they, you know,

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assuming that their parents pre-deceased them.

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And with that, I'd like to ask Mary Somoza to raise her hand and be recognized to accept my presentation as her own.

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Here we have Gerardo Somoza.

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Okay.

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Mr. Samozo, unmute yourself and wait for the chair, please.

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