civus
Hearing video

ZBA Hearing - March 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 22, 20235h 37m

for 3251 Fox Street.

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That case is continued.

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Number four, MI 2022-006-210-4619-21 Lancaster Avenue.

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This case is being continued.

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It was not posted properly.

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Is Robert Espinalo in the audience?

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yes he's been allowed to speak sir okay sir could you state your name and spell for the

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court reporter hello hi could he is roberto there yes yes roberto uh state your name please for me

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and spell for the court reporter this is the interpreter speaking i'm on the line as well

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Okay, good. Could I state your name, please?

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My name is Stephen Aubain, and I'll be the interpreter.

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All right, spell for the court reporter, please.

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Stephen, S-T-E-V-E-N, Aubain, A-U-B-A-I-N.

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And do you swear to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Roberto, please state your name and spell for the court reporter.

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Roberto, por favor, diga su nombre y dele tráelo para la corte.

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Roberto Espinal.

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R-O-B-E-R-T-O-A-I-S-P-I-N-L.

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S-P-I-N-L.

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So Roberto, R-O-B-E-R-T-O-A, Espinal, E-S-P-I-N-A-L.

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Thank you.

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Property, the property was not posted in the proper way to announce the zoning notice.

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So we're going to have to continue the case.

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And what I would recommend is that he gets a hold of the audience, have someone, if he has to interpret for him with the audience, and find the proper way to get ready for the case, okay?

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But we're going to have to continue the case.

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Así que debido a que la propiedad no fue publicada en la manera correcta para la zonización, así que usted va a tener que hablar con las personas de la audiencia que la puedan interpretar para poder hacer esa orden correctamente.

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Ok, está bien.

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Y por esa razón le van a dar continuación.

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De acuerdo, gracias.

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All right, thank you.

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And thanks to the interpreter. So MI 2022-006-210-4619-21 Lancaster Avenue, that case is continued. First listing. Thank you, interpreter, and thank you to your client there.

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Is there anyone else with a request for a continuance for this afternoon's hearing?

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I have Mr. Jeffrey Young with his hand raised.

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uh mr young we've already announced that your case has continued hi yes um good afternoon

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mr chair um i received an email um at about 4 12 uh from mr charles richardson saying that they're

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going to um withdraw their reconsideration and rehearing requests i'm just want to um make

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yeah so we're going to continue it and and and uh and uh our our attorney will straighten

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everything out, okay? Okay, thank you so much. We're aware of that. We just want to make sure

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we'll do it later. Thank you. By the way, thanks for calling in. We appreciate it.

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Any other requests for continuance? I don't see any further. I have one case, number five,

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MI-2022-006-212, 5428-30 North Beachwood Street.

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Kenneth Clark is the applicant.

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There's no exhibits.

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This is the first listing.

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I do not see any hands, Mr. Chair.

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Okay, so number five, MI-2022-006-212, 6428-30 North Beachwood Street.

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That case is continued, was first listing.

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We're going to go to our list.

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And number one, MI-2022-006-209, 5120 Marion Street.

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Henry Clinton is the attorney.

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we have a letter of support from faith cdc who is the coordinating coordinating rco

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and a letter of non-opposition from solo germantown

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mr clinton good afternoon mr chairman mr clinton i don't think i've sworn you yet did i have no

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not today okay uh could you state your name and spell for the court reporter please

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Sure. Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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Right. Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you identify your client and the relationship to this property?

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Sure. The principal of the LLC, which owns the property, is Annat, A-N-A-T, Madar, M-A-D-A-R, and she is on the call.

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Okay. And our vice chair has just a few questions for you, sir.

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Certainly.

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Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do, Mr. Shahid.

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Have you emailed all the required documents to proceed with this case obvious in advance of this hearing?

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Yes, I have.

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Thank you. Please proceed.

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Thank you, Mr. Shahid.

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mr chairman is that visible enough it is that's fine all right uh good afternoon again mr chairman

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members of the board henry clayton on behalf of advanced enterprises llc principal of which is

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anad medar who is on the call and the architect is michael cole cole he was also on the call

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This presentation contains my table of contents AA through A10.

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The request is for a two-family dwelling in a zoning district, which is RSA 5, which is indicated for single-family.

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This is a long, vacant lot, as I'll show you from the photographs.

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It's a large lot. It's a corner lot. It has ample air and light for two dwelling units.

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And it has the support of two community groups, the Faith Community Development Corporation, as well as the 12th Ward.

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And we also have a letter of non-opposition from Solo Germantown.

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But I will walk through the project and explain it to the board in detail.

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So this is the first RCO letter indicating overwhelming support, nine votes in favor, none against, from Faith Community, as well as the 12th Ward.

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A second letter is from Solow Germantown Civic Association.

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Their letter is a letter of non-opposition.

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And both community groups have asked for certain changes, which I think that we're accommodating

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with our plans, and I'll explain that to the board when I get to the plans.

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So this is the photograph of the neighborhood.

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Marion Street is, as my cursor indicates, goes right to left.

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Then Ashmead Street goes top to bottom.

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This is a corner lot.

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And if you look in this quadrant of the neighborhood, there's really not one vacant lot.

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And this lot has been vacant for some time.

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I really couldn't estimate how long it's been vacant, Mr. Chairman.

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But my understanding, it's been for some time.

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And I think one of the reasons for that is, you know, to build a single-family home of this size on this corner was extremely difficult and really is an economic hardship.

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My clients have proposed a two-family dwelling, simple layout, direct layout, two bedrooms, one bath for one apartment, two bedrooms, one bath for the other apartment.

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This is a ground-level view looking directly at the vacant lot.

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And as you can see, the homes to the right of the vacant lot, they have some detail. They have a porch on the first floor and a nice bay on the second floor. It is a three-sided bay with some nice corners work.

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And one of the things the community group wanted from my client was that if you're going to come in and ask for a two-family dwelling on this vacant lot, we'd like to see it match the context and the architectural style of the other properties on Marion Street.

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And we've been able to do that.

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We've also eliminated a rooftop deck, which we had at one time, realizing that this neighborhood, again, I really didn't see any rooftop decks.

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And again, we're trying to keep in the contextual nature of the community that we want to be part of.

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This photograph just shows our postings as required by the board.

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And now I'll get to the plans.

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This is just the site plan indicating that, again, it is self-evident, a corner property.

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It's a rather large lot, and the property will have an ample rear yard.

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We're not asking for any relief with regard to height or open space or rear yard.

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This is simply a request for a use variance.

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Floor plan, I'll go from left to right, excuse me, from right to left, starting with the basement.

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On the far right, the basement will have a living room and a kitchen as well as a half bath.

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You come to the first floor, and again, you can see our bay that's going to be protruding on the front, and when I show you a cross section of the building, you'll see that the front elevation does conform with the other homes on the block.

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On the first floor, we'll have two bedrooms and one bath, and then that floor plan repeats on the second and third floor, living and kitchen on the second floor, and then two bedrooms, and we were able to put two baths on the third floor because we don't have this stairway situation, which cuts into our usage on the first floor, and again, there is no rooftop deck.

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There was a short balcony off the rear for the third floor, but there is no rooftop deck.

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This is a side view, and I'd like to just concentrate on the side view to the left, indicating that we do have a protruding porch.

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On the side of the building, facing Ashmead, it's going to be completely brick, no paneling or steel paneling of any type.

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And you can see on the third floor, there's a small veranda or deck leading off the rear of the property.

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Looking at the elevation on the right-hand side, this is the front elevation.

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Again, you can see the three-sided bay, again, trying to keep in context with what's on the block already, an enclosed porch with two pillars and a roof enclosing the top porch.

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An enclosed porch with two pillars and a roof enclosing the top porch, the front porch rather.

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The rest of the documents are pro forma documents that you would usually see in a presentation such as this.

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Tax certification, our application for repeal, and the zoning area, the zoning map, the deed indicating ownership.

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Our notice letter to all the community groups indicating that we mailed out 157 letters, not to community groups, excuse me, to community members, and basically encompassing most of the properties within earshot of the subject property.

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So, Mr. Chairman, in conclusion, we have a situation where we have a long vacant lot, not really viable for single-family construction.

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Two-family dwelling has been accepted by the community, actually supported by two of the three community groups.

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And the third community group is in non-opposition.

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We don't have any issues with regard to height, rear yard, open space.

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We're in harmony with the block because you're trying to keep the front elevation.

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contextual with the rest of the block.

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We're not impeding anyone's light or air, any adjacent properties.

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And with that, Mr. Chairman, I'd like to see if my client can...

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Mr. Clinton, let me ask you a question first.

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What's the rest of the area look like relative to multifamily?

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Let me go back to that.

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Let's go back to the aerial photograph.

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In this immediate vicinity, Mr. Chairman, these are single-family, but because this is a corner

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property and it has ample light and air, it really cries out for a two-family usage.

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Anything on the other side of the street?

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Mainly single-family, Mr. Chairman.

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Okay, thank you.

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Ms. Medar, can you unmute yourself?

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they've been allowed to speak hi could you state your name please and spell for the court reporter

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yes good afternoon anat madal hi could you spell your name please a-n-a-t-m-a-d-a-r right do you

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swear or affirm to tell the truth the whole truth nothing but the truth yes sir uh miss

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Medora, have you heard my testimony?

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Yes.

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Have you won the entire call when I presented your project?

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Yes.

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If you had the opportunity to testify, would you adopt my testimony as your own and as Shulham, correct?

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Yes.

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Thank you.

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Thank you.

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Henry, one other question. Is there any other three-story properties in the area?

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On some of the corners, I believe this property here is a three-story.

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And directly across the street, I, that is, that, this appears to be three, but Mr. Chairman, I think it's a two-story property.

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Thank you. Thank you. Questions from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Sir, Mr. Charles Richardson has his hand raised. I have a lot of him to speak at this time.

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Aye, Mr. Richardson.

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Charles Richardson, Office of Councilwoman Bass, 508 City Hall.

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Councilwoman has no opposition to granting the variance.

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Thank you.

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Anyone else in the virtual audience?

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No, sir, that's it.

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Planning Commission.

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This is Ron Bednar, City Planning, first name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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

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I do.

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Proceed.

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This property is indicated for residential use on the city plan or adopted district plan

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and recommends no change to the existing residential single-family zoning at this location.

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The applicant's hardship is not supported with evidence of unique physical circumstances

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or condition of the property that would prevent it from being used in formative code.

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Therefore, we recommend the request for variance not be granted.

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MI-2022-006-209-5120, Marion Street, I vote no.

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Thomas, my vote is no.

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Ishmael Shaheed, my vote is no.

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well that's three votes

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Henry that's the three votes

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thank you Mr. Chairman

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thank you

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M.I. 2022-006-196-2214, Martha Street.

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MI 2022

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0061

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Alan Nockleson is the attorney.

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Recommendation of support from East Kensington Neighbors Association.

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Letter of non-opposition from Councilman Squillip.

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Mr. Nockleson, will we be joining as a panelist, sir?

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Good afternoon, Mr. Chair.

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Alan Nockleson.

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Great.

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Just state your name.

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That's fine.

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could you identify your client in relationship to this property oh yes my clients are samara

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talking and joseph uh troianni uh the owners of the property i think mr troianni is in the

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virtual audience who will our vice chair has just a few questions good afternoon council do you

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agree to waive the reading of the refusal and stipulate to his accuracy i do have you emailed

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all the required documents and exhibits enter our office five days in advance of this hearing?

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I have. Thank you. Please proceed with your screen. Thank you.

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A very straightforward project at 2214 Martha Street. This is in the East Kensington section

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of Philadelphia. When we purchased the property, it was advertised as a triplex. My clients actually

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want to convert it into a duplex and decrease the use. This property is not too far off from

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the commercial corridor on Frankfort Avenue. My clients actually live nearby as well and

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