civus
Hearing video

ZBA Hearing - November 16, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20215h 16m

occupant without really a small space without really room to grow for for the future occupant

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so that was really all that our client had in mind as a result we would be proposing a three

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bedroom home with three and a half bathrooms there are no bedrooms proposed in the cellar

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there's no need really we're not trying to squeeze a lot of bedrooms in quality materials quality

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space, comfortable space. We felt it was a very good addition to the current context of the site.

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Thank you. Dawn, do you have anybody else? I would just like to call my client to adopt my testimony.

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Michael?

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Are you unmuted?

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I'm unmuted now. Hi.

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Okay, thank you.

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Michael, you're already on the oath, so please proceed, Dawn.

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Okay. Michael, did you hear my testimony?

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I agree. Yes.

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Is it accurate?

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Yes.

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And do you adopt my testimony as though it were your own?

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Yes, I do.

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Thank you. And do you have anything else to add?

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Or does the board have any questions for Michael?

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Any questions from the board?

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no mr chairman anyone else would like to testify in this case if so please raise your hand

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mr chair a harley cooper has their hand raised i will allow them to speak at this time

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please spell your full name and i'll swear you in

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hello hi my name is harley cooper h-a-r-l-e-y my last name is cooper c-o-o-p-e-r

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you swear we're from to tell the truth the whole truth nothing but the truth

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i do thank you please proceed thank you um hi um my name is harley cooper and i co-chair the east

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point breeze neighbors zoning committee along with vanessa davies who's also on the call this

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morning. We're here in opposition to the proposal at 1200 South Carlisle Street, specifically our

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opposition to the loss of commercially zoned space in our neighborhood. Our RCO feels very strongly

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about the importance of preserving what commercial space we have. We consistently vote against

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conversion of commercial space to residential and that is documented in our RCO summaries over the

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past several years. East Point Breeze does not have a commercial corridor like Point Breeze Ave.

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our neighbors to the west, or pass Yonk Ave, our neighbors to the east. What we have is CMX zoning

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along our major east-west streets like Ellsworth and Federal here. Historically, the zoning has

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allowed for corner stores, delis, pizza shops, taquerias. These are the local businesses that

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are vital to our neighborhood. These businesses create all the activity, which I equate to safety

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and convenience for our neighbors. Most importantly, for commercial spaces to be successful, you need

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density of commercial and you need that proximity to other businesses. Our commercial spaces are

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already limited. Excuse me, I'm sorry. I apologize, but could Avada please stop sharing her screen,

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her emails are coming up. Thank you. Okay, you know, for commercial spaces to be successful,

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you need that density of commercial and our commercial spaces are already limited and the

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conversion of any additional commercial commercially zoned properties to 100% residential impacts the

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ability of our current, it impacts the current and future market to lease retail space in East

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Point Frees. Our concern is really for the neighborhood overall. At our RCO meeting,

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the developer's attorney and the architect argued for a number of hardships. I want to speak to a

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couple of those. The first is that, you know, it is a challenging block because of the DaVita

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The first is that, you know, it is a challenging block because of the DeVita across the street, the pep bowl, the auto repair shop.

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across the street.

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It is not exactly a vibrant commercial corridor today, but it is a rapidly changing block.

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There are currently two mixed-use developments within 150 feet of this property, 1439 Federal Street.

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That's the 42-unit building that the attorney spoke of, but I think she neglected to mention that there's ground floor retail commercial space on that.

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And that commercial space was a concession that the developer made before presenting to East Point Breeze neighbors, knowing that preservation of commercial space is a priority for our neighborhood.

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That property is currently under construction.

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The second mixed-use development is at 1205 South 15th Street, and that stretches from 15th Street to Carlisle.

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So, you know, this block may not be a vibrant commercial corridor today, but we believe

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that in the future it can be, but only if we're able to preserve our mixed-use zoning.

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The second thing I want to point to is the cost of developing commercial.

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You know, the architect mentioned that building commercial would require underpinning.

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I'm neither an architect nor an engineer, so I can't speak to that.

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But I do know that commercial is always more expensive to build, and it often takes longer

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to lease.

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And that's true everywhere in the city, but that's why we have zoning to ensure that the community's desire to use this space continues despite market dynamics.

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This proposal is a real estate investment. It's a 3,000 square foot home.

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Whether it's rented out or sold, the property owner is not invested in the well-being of our neighborhood, but rather maximizing this particular investment at the expense of our neighborhood.

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We do not care about the height or the lot coverage.

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you know but we do care about the loss of that CMX2 property on a block that is 250 feet from

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a subway station and it is a block that has the potential to serve as a gateway to our neighborhood

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um I appreciate the opportunity to speak on behalf of East Point Breeze's neighbors thank you

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thing I would like to add is I'm very familiar with the Federal Street I live two three and a

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blocks away on the east side uh there was a if i'm not mistaken the former bear distributor which

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is on the southeast corner uh relocated i believe across the street to the northwest corner

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uh and i think that building the the former location on the southeast side is still vacant

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there are some other commercial opportunities there and in order for commercial to work

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Not only do you need commercial activity, but you also need residential that supports the commercial.

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I do appreciate your testimony, though.

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Anyone else to testify in this case?

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If so, please raise your hand.

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There are no further hands at this time, sir.

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Thank you.

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Planning Commission?

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Good morning, Chairman DeTico, Ian Hegarty for the Philadelphia City Planning Commission.

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That's H-E-G-A-R-T-Y.

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Each word will come to tell the truth, the whole truth.

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Nothing but the truth?

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Yes, sir, I do.

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Thank you.

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Please proceed.

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All right.

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Thank you, Chairman, members of the board.

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The comprehensive plan recommends a zoning map change here from CMX2 to RM1 on this lot.

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And so this proposed use is consistent with the comprehensive plan.

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However, the proposed dimensional variances, I'm not sure that we heard a sufficient argument as to why no rear yard is being provided and why the lot coverage is so high.

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And, you know, there's evidence of recent single family development on similarly sized lots with rear yards on the 1500 block of Manton, the 1300 block of South 13th, where the rear yard is being provided.

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So our recommendation would be that the board grant the use variance and add a condition that a nine-foot rear yard be provided.

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Sean, either you or the architect, could you speak to that issue, not having any yard space available?

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Yes.

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Where are they going to keep the trash?

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Yes.

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So we did address this in a memo that we submitted to the board.

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This property does conform to other properties nearby where there's actually 100% lock coverage.

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The spirit of the code is met where there's open space and a deck, and Agata can address this further, these issues.

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Okay, so there is a deck, right?

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Okay.

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All right.

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I think that'll answer my question.

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Okay.

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MI2021-003387.

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1200 South Carlisle Street, my vote is yes.

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Carol Tenere, my vote is yes.

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Confessor Plaza, yes.

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Professor Plaza, yes.

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Thomas Holloman, yes.

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Thomas Holloman, yes.

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Case number two, MI 2021-003, 393-124 Mercy Street.

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Alan Knockinson is the attorney of record.

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Penn Sports Civic Association sent a letter of support.

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Good morning, Mr. Chair and members of the Board.

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Alan Nockamson.

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Alan Nockamson, last name Nockamson, 123 South Broad Street, Suite 1600, Philadelphia PA

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19109.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Ms. Tenere has a few questions for you.

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Sure.

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Hi, good morning.

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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.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, in all respects, and we have a letter of support from the coordinating RCO.

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Okay, great. You may proceed.

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May I share my screen?

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Yes, you may.

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Thank you.

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All right, so in front of you, I have 124 Mercy Street.

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What we're trying to do is have an erection of an addition on the third floor of this pre-existing two-story home.

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And as we indicated, we have support from the community, as well as nearby neighbors, as we'll show in our presentation packet.

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This property is owned by BTS Square LLC.

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I have Tim Gu on the line, who's the owner's representative, who will adopt my testimony at the conclusion of my presentation.

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In my presentation packet, you'll see the notice of refusal, correspondence from Penn

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Sports Civic Association, a letter of support from 122 Mercy Street, the nearby neighbor,

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as well as petition showing support from the surrounding neighborhood.

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Maps of the area, photographs of the property in the surrounding area, plans and drawings,

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proof that we met with or at least we sent out notice to the affected properties regarding

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in the community meeting or application for appeal or deed to the property showing that BTS

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Square LLC is the owner of the property and a certificate of tax clearance showing that no real

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estate taxes are due on account of this property. First things first, this is an RSA 5 property.

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All we're trying to do is use this as a single family structure. We have two refusals. The first

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is the maximum occupied area where 75% is allowed and 89.31% is requested. All we're

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doing is squaring off the rear of the property and we'll show that in the site plan. That

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portion that is being filled in is closest to 122 Mercy Street. That's why we specifically

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reached out to 122 Mercy Street to find out their stance on our request and they support

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it and we have a letter of support in the file. Secondarily, or second, the second refusal is the

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fact that because we're a two-story block on the left and right of us, we technically would have

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to go eight feet set back. We're asking to go straight up. You'll see in the letter from Penn

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Sports Civic Association, neither request is uncommon and that's why the Penn Sports Civic

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Association supports this. Again, just quickly, the Penn Sports Civic Association, this is a

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letter of support. I'm just going to read quickly from the letter. We are not aware of any opposition

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from neighboring properties. We are aware of a few properties in the immediate area lacking the

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required setback and many properties exceeding the maximum occupied area. Currently, we do not

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believe the requested relief would be unreasonable. Shift from the relief granted in the surrounding

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streets and area, and that's why they support the project. Again, we made a point to reach

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out to our neighboring property at 122 Mercy Street because they're going to be most directly

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impacted by the infill in the rear regarding the occupied area, and we have a letter of

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support from them. We also reached out to the surrounding area on that 100 block of

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Mercy Street 2, and you can see we have a petition in support from many of the nearby

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neighbors. You know, showing where we are in Pennsport, we're between Front and Second Street

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and Snyder and Emily. And they're just a different thing.

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and Snyder and Emily and they're just a different thing you know from the city's website

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and google maps as well photographs of the property again we're pre-existing two-story structure

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all we're trying to do is modernizing it by adding a third story uh just like this and what we're

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trying to do is keep like a traditional brick facade uh and you know have it uh match as much

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as possible to similarly situated properties in the area as the Penn Sports Civic Association

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agreed with us. The back of the property from a rendering standpoint, all we're doing in the back

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is filling in this little section which is closest to 122 and they're not objecting to that.

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And then just a simple floor plan, open floor plan on the first floor. We do have a finished

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basement second floor are two bedrooms laundry room and a full bath third floor is a master

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suite with a bathroom and the fourth you know and the roof is uh you know has a roof deck

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just proof of mailing you know in terms of community meeting uh and you know we have you

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know in our presentation packet which we previously sent to the zba's administrator

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also our certificate of tax clearance.

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So with that being said,

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I would ask that Mr. Gu virtually raise his hand

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so he can dock my testimony.

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Mr. Gu, please spell your full name

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and I'll swear you in.

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Chair, I do not believe I see the individual in question.

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um mr uh knockinson you being officer of court will stipulate your client would have adopted

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your testimony i appreciate that uh questions from the board no mr chairman no anyone else

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like to testify in this case if so please raise your hand once again no hands at this time sir

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thank you planning commission

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Thank you, Chairman DiCicco. Ian Hegarty for the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing RSA 5 single-family zoning

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on this block. We appreciate that the neighbors have given some support for this and that the RCO

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is in support of this as well. However, the appeal doesn't meet the hardship requirements for

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dimensional variances. Namely, it specifically says in the code that it has to impose a financial

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burden on the applicant to meet the code requirements. We don't think that's the case

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here. And the proposed dimensions are clearly not equivalent to the surrounding block. And so

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in this case, we have to recommend that the board deny the variances.

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Thank you. Understood. MI 2021-003-393-124 Mercy Street. My vote is yes.

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