civus
Hearing video

ZBA Hearing - November 16, 2021

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

I also represented Ms. Florence Foreman. She lives at 3901-05 Lancaster Avenue.

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She's a business owner and her family owns an apartment building there.

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They both were in support of that. Mr. Allen would have been here today. I'm not sure if he'll try to attend this morning, but he would have been here today, and he would have said that he adopted it.

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He also asked for, he asked me to help read his community benefit agreement that he presented to Mantua Civic, and I think there was a disconnect between if all the members had gotten it on behalf of the board,

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but Jimmy Allen supports this and he would be here today had it not been for him recovering

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from his surgery. Thank you very much. Anyone else to testify in this case?

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Ms. Colleen Ford has her hand raised. I'm allowed to speak.

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Ms. Ford, please spell your name and I'll swear you in.

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Ms. Ford, please unmute yourself and wait to be sworn in.

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Ms. Ford, please unmute yourself.

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While we're waiting for Ms. Ford, is there anyone else?

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Hello, can you?

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Yes, Ms. Ford, please spell your first and last name.

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Yes, Colleen, C-O-L-L-E-N, Ford, F-O-R-D.

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

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Yes, I do.

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Thank you.

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Please proceed.

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okay um as we just said my name is Colleen Ford and I live right next door to where they want to

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build I'm at 3930 Mount Vernon Street and I really don't want to see this project built because we

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have one in the back of me I don't know if it's 50 60s a whole bunch of units um that's been here

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I don't know roughly I guess four years now and first of all they took some of my land to build

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that and i'm getting ready to do that fight because i just discovered that uh i should say

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first of all that uh the little where they put the trash at it's always just trash all over the place

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the dumpsters are just a big eyesore um i'm gonna check mr chair i believe she's talking about

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another project yeah i'm just gonna ask you can't be talking about this property because it hasn't

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been developed in but it's the same kind of property that he's going to develop it's the

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same property that he's about to develop it's one they just developed on the corner of mount

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vernon street across the corner so now you're talking about putting another one here that's

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like i like i said it's becomes the eyesore nobody comes in check and make sure they put the

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trash you know the the area where they put the trash that is clean you know um we don't have

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anywhere to park as it is because of these buildings because of these apartment buildings

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that they have we have nowhere to park

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okay thank you anyone else to testify

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no other hand sir thank you planning commission

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thank you chairman de chico uh members of the board in in 2015 the zoning map was amended

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in this area, like many blocks from RM1 to RSA 5. And this was done in accord with recommendations

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from the comprehensive plan, but more importantly, with really broad community support in the

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Manchu area. The zoning map change was made well in advance of the land swap that was described

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by council here. So the single family zoning was well established and known to the appellant at

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and known to the appellant at the time of the deal. So I really feel that the applicant's

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at the time of the deal.

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hardship claim is not supported with any kind of unique physical circumstances. We have a recent

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community-led rezoning that intentionally designated this block as RSA 5, indicating

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an intention for single-family use. In any RSA 5, 14 dwelling units is clearly an overuse, and in

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this case, it's also clearly contrary to the intent of the zoning map and code change that was

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made for this neighborhood and so in this case the city planning commission will recommend that

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the board deny the variance yeah and mr chair i would say as to the hardship we you know we have

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detrimentally relied on this land swap um and i think the council member now the current council

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council member recognizes that that we did have to receive city approval through councilmatic

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prerogative plus the city agency for all intents and purposes the city did approve this and this

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It's just a formality to go through the ZBA approval process.

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Yeah, understood.

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Thank you.

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MI 2021-003397, 3932-36 Mount Vernon Street.

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My vote is yes.

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Carol Tenere, my vote is yes.

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Professor Plaza, yes.

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Thomas Holliman, yes.

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Case number 17, MI 2021-003390, 635 North 5th Street, number 5th Street.

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Catherine Missimer is the attorney of record.

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My records and my notes indicate there has not yet been an RCO letter from Northern Liberties.

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Neighbors Association, I suspect that that will not be the case once we begin hearing.

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Chair, this is Sharon. I just wanted to say we received an amended

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applicant, an amended refusal for this property. So if you should vote to approve it, you would,

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I will give you the ZP number for the new refusal.

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Okay, Miss Missimer. Please spell your full name for the record and I'll swear you in.

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hi sorry it's katherine missomer m-i-s-s-i-m-e-r 1835 market street suite 1400

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19103 you swear or firm to tell the truth the whole truth nothing but the truth

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i do thank you ms canary has a few questions for you sure you also agree to wait the reading

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the refusal and stipulate to its accuracy? I do. I was coming in as a panelist. I know that Sharon

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started to talk about it. I just want to confirm that we're in receipt of the revised refusal dated

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yesterday, 11-15. Great. Have you emailed the exhibit packet with the required documents

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consisting of proof of ownership tax clearance, refusal referral, photos under plans of the

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property, five days in advance of this hearing? And have you met with the RCO? And do you have

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letter and i'm looking at the letter right on the screen i anticipated the question and yes all of

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the above um just one additional clarification even on the revised refusal there is a typo

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um rather than 15 as stated on the refusal this would be 16 units and that was reflected in both

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the presentation to the community as well as all of our plans and materials okay great and as we

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see on the screen. Northern Liberties supports this. You may proceed. Great. Thank you all.

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I'm here today on behalf of the property owner, 635 Fairmount Ventures, LLC. With me today are

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owner's rep, Carr, Vivek Panathon, and project architect, Tim McDonald. Here today with a

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proposal for the lot consolidation of these two lots at the corner of 5th and Fairmount,

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and the new construction of a mixed-use building for use of 16 multifamily dwelling units with a

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ground floor commercial space, and five accessory off-street parking spaces. As mentioned, we have

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met with Northern Liberty's Neighborhood Association. They do support this proposal.

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These lots located at corner 5th and Fairmount are zoned ICMX, but as you can see from the zoning

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map, this is sort of the divergence of several different zoning designations in this area. You

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little bit of CMX1 as well as RSA5 in this area. These are two vacant structures at the corner.

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They have fallen into disrepair. They have been made safe, but they're not really candidates for

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rehab or revitalization. The proposal generates two refusals, first being that the properties

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are zoned ICMX, meaning that the multi-family use is not permitted by right. As you can see,

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meaning that the multifamily use is not permitted by Wright.

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As you can see, this area is surrounded by residential units.

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A typical ICMX use such as storage or warehouse wouldn't really make sense here,

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especially at this vibrant corner.

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And there are similar mixed-use projects across Fairmount Avenue as well.

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I'll just decrease this so you can see the zoning site plan.

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Again, this is Fairmount Avenue and 5th Street. We're wrapping the corner by this consolidation,

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separated on Fairmount Avenue by a 20-foot-wide drive aisle from the homes located here, and

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residential use directly next door on 5th Street as well.

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Closal, in addition to the use, which again is more along the lines of an IRMX designation,

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although we're not seeking the 60-foot height that would be allowable by right in IRMX.

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We're more comparable to the neighboring properties at about 42.

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We also generate a parking refusal. As you're aware, ICMX requires a ratio of one for two parking

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spaces, whereas in an RM1, you would have no parking required, and in an IRMX, it would be

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3 for 10. So we do meet the 3 for 10 standard, but we are falling short on the 1 for 2 because

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we're proposing 5 spaces rather than the 8. Obviously, the proposed project does conform

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to Northern Liberty's Neighborhood Association's view for this section of their neighborhood.

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It does complement the neighboring residential uses on either side. As you can see, it's similar

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to the new construction of the neighboring parcels. Again, this is the revised refusal

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dated yesterday of 11-15. We're confident that this proposal represents the lease modification

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of the code necessary to revitalize these two corner properties in a prominent section of this

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neighborhood. It will not be detrimental to the public welfare, as again evidenced by our letter

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of support. We're not negatively impacting adjacent parcels, as again this is more complementary to

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the residential uses on either side of us,

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as well as the mixed use located across Fairmount Avenue.

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I would just ask if Carr could unmute himself

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and be sworn in.

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I have Anurah Vivekanathan with her hand raised.

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Yes, thank you.

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Ma'am, please spell your full name and I'll swear you in.

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Hi. First name is A-N-U-R-A. Last name is Vivekanathan. V-I-V-E-K-A-N-A-N-T-H-A-N.

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

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I do.

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Thank you, Ms. Zimmerman.

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Thank you. Carr, have you heard my testimony today?

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I have.

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Would you agree that it's true and correct?

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Yes.

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Would you adopt it as your own?

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I would. Great. Thank you. Thank you. Any questions from the board?

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No, sir. Anyone else to testify in this case? If so, please raise your hand.

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Mr. Larry Friedman has the hand raised, sir. I have allowed them to speak.

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Mr. Friedman, please spell your full name and I'll swear you in.

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Larry Friedman, L-A-R-R-Y-F-R-E-E-G-M-A-N.

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Where from to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you, sir. Please proceed.

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Very briefly, we support this project.

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ICMX is kind of an odd zone there,

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considering I was friends with the inhabitant for 25 years

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who lived there, Carr's dad.

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And otherwise, we appreciate the work that Onion Flats did,

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specifically to McDonald, working with the neighbors to meet their needs.

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so we support this project. Thank you. Anyone else to testify in this case?

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And Mr. Todd Lowell has their hand raised. I will allow him to speak at this time, sir.

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Please spell your name, sir, full name, and I'll swear you in.

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Mr. Lowell, are you there?

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We'll move on.

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Is there anyone else to testify?

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Bye.

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Mr. Ohl was back on, sorry.

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No, Chair, we can continue.

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Thank you.

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Planning Commission.

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Thank you, Chair Tico, Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, in 2014, the zoning map was amended in this area and accord recommendations

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for the comprehensive plan, this parcel was intentionally not changed. However, given the

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similarity of the proposed use to adjacent uses and the overall degree of non-conformity in the

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ICMX zoning district in place on this block, the City Planning Commission recommends that the

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board grant the variances. Thank you. MI 2021-003390, 635 North 5th Street, that's number 5

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Street. My vote is yes with the proviso as per refusal for amended application number Z as in

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0, P as in Paul, 2021-007905 and maximum 16 units. Carol Tenneri, yes with proviso.

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Professor Plaza, yes with proviso. Thomas Holloman, yes with proviso. Thank you. Miss Missimer, I think

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you're up next. So case number MI 2021-003378, 814 North 2nd Street.

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I'm going to turn it over to Herc, but thank you.

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Okay, thank you.

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Am I next, Catherine?

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Well, I think Herc has to be promoted to paneling.

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Catherine has to be sworn in.

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Okay.

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Yeah, my notes had Ms. Mismur on, but you need...

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We horse traded.

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Mr. Chair?

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Mr. Chair, Ian?

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Yes, sir.

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Mr. Herkenes-Grigos has his hand raised.

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Amen.

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Okay.

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Allow him to speak.

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Ms. Grigos?

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Jason, please be a turn for the applicant, if you could promote him, please.

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He just put his hand down for some reason.

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please promote it we can continue okay thank you thank you good afternoon members of the board

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hercules grigos 1835 market street philadelphia pa representing david perlman prdc properties and

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its affiliate 820 north second realty llc owner of the property located at 814-26 north second

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street where he goes please spell your full name and i'll swear you in h-e-r-c-u-l-e-s last name

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g-r-i-g-o-s and do you swear or find me to tell the truth the whole truth nothing but the truth

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i do thank you ms tenere has a few questions for you hi do you agree to waive the reading

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refusal and stipulate to its accuracy uh i will waive the reading um but we do have a few changes

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that i can uh explain in my uh presentation thank you have you emailed the exhibit packet with the

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required documents consisting of proof of ownership tax compliance a copy of the refusal or referral

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

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rco and do you have a letter yes thank you you may proceed great thank you very much members of the

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board and I will share my screen if I may. Please let me know if you can see that. Yes. Great. Thank

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you very much. As I said, I'm here representing PRDC Properties and David Perlman and their

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affiliate 820 North Second Realty LLC, owner of the parcel located at on North Second Street in

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between Poplar and Brown.

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You can see it highlighted here.

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