civus
Hearing video

ZBA Hearing - March 22, 2023

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

amount of time, you lose the variance. I wasn't aware of that. I probably would have kept the

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tenants in there and left it in that condition if I knew that. But I thought it was in the best

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interest of the community to fix the place up. And it's also in my best interest to fix the place up.

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And the reason why I want to keep it a triplex is because it's the best and the most maximum

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use of that property. And when I bought it, it was under the condition that when I bought it,

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was of triplex already um that's why i bought the property in the first place all right thank you

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very much um mr chair i do now have the corrected rco letter for you to see so i'm going to share

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my screen again thank you all right so this is now uh the corrected letter uh this is uh from

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East Kensington Neighborhood Association, you see I highlighted the address

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of our property. They are in support, and the vote

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is 15 in favor of 12 opposed. There were 27 attendees.

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All right. Questions from the

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board? No, Mr. Chairman.

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No, Mr. Chairman. Questions or comments from the virtual audience?

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i have a miss uh mr patrick blake with his hand raised i have a lot of him to speak

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sir could you state your name please and spell for the court reporter

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sure my name is patrick blake p-a-t-r-i-c-k-b-l-a-k-e do you swear for him to tell the

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truth the whole truth and nothing but the truth i do are you a neighbor i am i live two houses to

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the left of this building okay uh i'm just curious when the last time i've lived in this house since

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i bought this building in 2013 and there has been believe me when i say significant you know

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flipping and reconstruction on the street some of it good some of it bad um the all of the

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apartments being put in at the end of the street where there was a vacant warehouse was not ideal

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the tenants that have populated it now, I would say, they don't really respect the neighborhood

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or the street. And I'm just afraid that now, as far back as I can remember, there was no one in

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this building that they're now saying only because of COVID has had no one in it. As far as I can

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remember, there's been no one in there. And I just think that having another multi-unit plopped right

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in the middle families on both sides of it you know it just seems counterproductive to

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And it just seems counterproductive to the direction that the neighborhood has been going.

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the direction that the neighborhood

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I'm surprised to hear that, you know, after the meeting that it was actually an in-favor vote because I know that everyone that I was there with from the block was a no vote.

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And I never even saw that petition that was shown earlier.

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Like, no idea where that came from.

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So that's all I'd like to add.

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Okay.

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All right.

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Thank you for taking the time to call, and we appreciate your input.

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is there anyone else in the virtual audience i see no further answer mr chair planning

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uh this is ron bednar city planning the property is indicated for residential on the city plan

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given the documented use history re-recommended request advance be ready thank you mi2022

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006-231-2644 Braddock Street. I vote yes. Thomas Holloman, my vote is yes.

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James Snow, my vote is yes. Ishmael Shaheed, my vote is yes. Thank you. Thank you very much.

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Number seven, MI-2022-006-2003-115 West Cumberland Street.

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Alan Notkinson is the attorney.

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Letter of support from the adjacent neighbor, 3117.

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Letter of non-opposition from Strawberry Mansion Community concern with provisos.

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Okay.

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Mr. Nockleson, just state your name, please, and if you would identify your client in a relationship to the property.

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Yes. My name is Alan Alckmson. My client is Josh Gleinchen, the owner of the property.

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Okay. And our vice chair has just a few questions.

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Good afternoon, counsel. 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 all the required documents and exhibits to proceed with this case five days in advance of this hearing?

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Yes, we have.

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Thank you. Please proceed and share your screen.

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Thanks.

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All right, so we're here to present 315 West Cumberland Street, which is in the Strawberry Mansion section of Philadelphia.

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we'll review the notice of refusal um the letter of non-opposition from the strawberry

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mansion community concerned the coordinating rco which includes some provisos which we'll discuss

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we have a letter also of support from the next door neighbor the property owner most directly

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impacted by this project is in support of this project we have a zoning board of adjustment

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revised proviso plan form completed and i'll explain why uh the property history as well

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you'll see from the public records that this was a multi-family structure with a bar

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on the ground floor so we're removing the commercial use and we're using

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it less in a way than its documented history uh we have an example of a nearby recently

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granted multifamily variance project that this board recently approved. Maps of the area,

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photographs of the property, our plans and drawings, our RCO meeting notice along with

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proof of mailing of that notice, our applications for appeal that we filed in the ZBA, our deed

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to the property showing that Mr. Kleingen is the owner of the property, and our certificate of tax

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clearance. Again, in the virtual audience is Mr. Kleingen. First thing is our notice of refusal.

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This is an RSA by property. We're merely putting a two story structure with no basement living. It's being built on a slab. So each floor has its own unit. It's a corner property. We have a responsible trash management plan where, you know, garbage will be stored in the rear.

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and we that's part of what our proviso is about there are no dimensional variances for this

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project we have a letter of non-opposition from strawberry managing community concerned

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they have the following provisos vented trash storage inside second floor unit we have no

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objection to that external grounds maintenance with twice a week commercial trash pickup we have

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no objection to a proviso with commercial trash pickup locks on outside trash enclosures we have

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no objection to that. I don't know if that's an enforceable proviso. Sufficient safety building

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lighting. We agreed to put lighting along the perimeter of our building structure. You'll see

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that from our rendering. Again, don't know if that's an enforceable proviso. Fire ladder, second

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floor. So we indicated to the community that we would install Jacob's ladders.

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so we indicated to the community that we would install Jacob's ladders to the lintels on the

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second floor unit so again don't know if that's enforceable but that's our intention of putting

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that on there and then building counters which I don't think is an enforceable proviso but my client

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will agree to do that and then this is just the letter that you know the form letter that was

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signed by the next door neighbor and support this project as well and then this is our revised plans

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We added an additional fence opening in the rear for trash storage.

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So we have a specific opening in the rear of the property, as you can see right here, where it's gated up.

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So each, because this is a corner property, each of the unit owners can go in the back, open this double gate that's going to be locked, and put their trash in the rear.

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So it's not just that the first four-unit occupant will be able to store the trash in the back.

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Both of them will.

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So we felt it was important enough that we put it on our site plan, and we are asking if the board is so inclined to grant our variance, they would grant it with the proviso of the revised plan.

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And then the history of our property, as you can see, 3,115, it says two units, and I actually think it may say a third, like rooming unit, plus a bar, but all we're trying to do is two units.

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So, again, the documented history of this property is anything but, you know, single family, and we're asking that we allow for two units, where two units plus a rooming, I think, plus a bar has been used for this property in the past.

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And then this board recently heard in this past summer a similar request around the corner from here at 2564 North 31st Street, where we had a property with a corner property with a documented history of multifamily use.

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And under similar circumstances, given that history of multifamily use and given there was a corner property, this board granted a multifamily structure here.

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And I believe this one was three units.

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Oh, no, it was two units.

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No, I said three units.

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And this is just a map of the area.

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Again, we're in the Strawberry Mansion section of Philadelphia.

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We're at the corner of West Cumberland right here and Napa Street.

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And then this is just from a Google Maps perspective to see where we are in the neighborhood.

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And then photographs of the property.

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it's currently a vacant lot this is from the west cumberland street side this is the zoning

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hearing notice posting just to show that we posted both the cumberland street side as well

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as the napa street side and this property has been a vacant lot we can only document as far

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back as 2009 but for almost 15 years this property has been a vacant lot uh and then this is the from

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the North Napa Street side. And then again, just another picture from Google Earth showing in 2009

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it was a vacant lot. As you can see here, this is a two-story block. So what's also very important

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to my client is that this property would mix well with the other properties from a height

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perspective. And I think that was helpful in terms of getting community support as well.

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We wanted to, this is West Cumberland Street

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to the left of the property,

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North Napa Street to the right of the property.

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But you'll see it's a two-story block,

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North Napa Street to the left of the property.

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So what we wanted to do was to mix very well.

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And you can see, like,

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we had a more historical look to this property,

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you know, with the brick and the cornice lines

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and the height and the scale,

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we really wanted to mimic what is in the neighborhoods.

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And this is just renderings from different angles.

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and then it was important for the community to see from a night perspective

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what the property will look like and again the lighting throughout the building facade was

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important to the neighborhood because you know to make sure that it's a well-recorded one and

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it wouldn't be deemed a nuisance and then this is just our site plan again no dimensional variances

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and our site plan has been updated for a trash enclosure that's that's available to each of the

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unit owners, which is going to also be locked up, so it's not going to be a nuisance in the

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neighborhood either. And then this is just the elevations from different angles on Napa Street

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and Cumberland. And then this is just our floor plans. Again, we have no basement living because

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there's no basement. It's built on slab. And this is our RCO meeting notice. We met with the community

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on March 13th.

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And 203 addresses were notified in that meeting.

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The addresses are here. Proof of mailing to those addresses.

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The addresses are here, proof of mailing to those addresses, our application for appeal showing Mr. Klingens the applicant, along with the notice of refusal and the project information form, deeds of property showing Mr. Klingens the owner of the property, and our certificate of tax clearance.

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It technically shows a balance of $699.90, but that's for the 2023 tax year, and taxes aren't due until the end of the month.

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With that being said, I would ask that Mr. Kleinjan virtually raise his hand and be sworn in.

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Mr. Kleinjan, could you state your name and spell it, please, for the court reporter?

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That's Josh Kleinjan. Can you hear me now? Yes.

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It's K-L-E-I-N-J-A-N. It's the last name Kleinjan. First name Josh, J-O-S-H. Josh, J-O-S-H.

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

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I do.

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Proceed, counsel.

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Mr. Kleinstein, you heard everything I had to state today about your zoning matter.

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That's correct.

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Is it true and correct?

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Yes, it is.

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And do you adopt it as your own testimony?

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I do.

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Thank you.

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Thanks for your attention.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chair.

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questions or comments from the virtual audience

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i see no further answer mr chair planning commission ron bednar city planning this

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property is indicated for residential use on the city plan our adopted district plan recommends

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no change the existing single family zoning at this location applicants hardship is not

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supported with evidence of unique physical circumstances or condition of the property

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that would prevent it from being used

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in conformity with the code.

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Therefore, we recommend the Crescent Variance

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not be granted.

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MI 2022-006-200-3115 West Cumberland Street.

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I vote yes with provisos.

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Revised plan, one page,

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stamped by ZBA on March 22nd, 2023.

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Also, commercial trash pickup two times a week.

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Interior trash storage for second floor unit.

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Ishmael Shahi, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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That's three, Mr. Nakamura.

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All right, thank you.

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Have a good night.

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Okay, thank you.

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Have a good night.

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Number eight, MI 2022, 006194, 319 to 25 North 11th Street.

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Vern Anastasio is the attorney.

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No RCO letter.

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Meeting was held 214-23, Philadelphia Chinatown Development Corporation.

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verne you've already been sworn today so just state your name and if you would identify your

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client relationship to the property uh yes uh my uh verne anastasio and i represent arts across

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genres and the principal echo vola soprano okay and our vice chair has a few questions

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Thank you.

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Good afternoon, Counselor.

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Do you agree to weigh 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 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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I want to first share this one document because I believe the Chairman said you were not in receipt of a letter from the RCO.

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This is a meeting summary from Philadelphia Chinatown Development Corporation, and this is, in fact, a letter of support with everyone voting to either support or non-oppose the application.

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We met with them on the 14th of February, 6.30 p.m., with 23 members in attendance.

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So please make note of that, Mr. Chair, and I'll enter this into evidence.

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If Ms. Emerson needs it, I'll forward it again to her.

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thank you very much you're quite welcome and then we let's get to all right sorry about that

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let's get to my binder if i can

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I can. You see that? Is it up? We do. All right. Awesome. Thank you. 319-25 North 11th. The space

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