civus
Hearing video

ZBA Hearing - September 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20205h 34m

exactly the way I've presented. And I appreciate that correction and I stand

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correct that you are correct. These are these are the lots on Susquehanna.

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Thank you. Questions from the oh I'm sorry Henry. Yes Mr. Chairman I just want to ask that my

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presentation binder be admitted into evidence and that in summation that this is a combined

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commercial residential lot because of the the code requirement that the least restrictive applies

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The refusals that we got with regard to this lot, all concern this particular partial as a residential situation.

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This lot has never been used as residential that we're aware of.

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It's been used for a used car lot. It's been an eyesore in the neighborhood.

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There's overgrown trees there, but now all the vehicles have been removed.

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We've met numerous times with Norris Square.

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we went so far as to discuss putting together a benefits agreement that we would certainly sign

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after the hearing and we just see that this is a plus for the neighborhood

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and we just see that this is a plus for the neighborhood.

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The commercial use on the first floor,

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we understood because Susquehanna was a wide area,

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wide berth, and there's other commercial here

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that some stores would be nice for the neighborhood,

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and we've even gone as far to say

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that this 4,000-square-foot first floor,

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that we would either make that one store

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or a series of stores for smaller businesses

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in the neighborhood if that's what the community wants so we're open to all those ideas and with

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that i rest and i ask that the board look kindly upon this request for variance thank you questions

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from the board no no anyone else who wishes to testify in this matter please raise your hand

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Chair, we have Sloan Foulkes from the council's office.

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Mr. Foulkes, we swore you in earlier, so you're still under oath.

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Yes, Chairman DiCicco, ZBA, good afternoon. The applicant for this variance has reached out to

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the community through the RCO process uh beginning in um late 2019 and through I'm sorry I'm sorry

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can you hear me could you yes but could you put your name and I'm sorry I'm sorry record thank you

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I'm sorry uh Sloan folks SLO ANA uh folks F as a fire OLKS office of councilwoman Maria

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canyone sanchez room 508 city hall 19107 thank you okay again uh the the the applicant for this

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request has has uh reached out to the community through the rco and met uh with apm who at the

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time was not the coordinating rco uh we we worked with them to reschedule a meeting with the

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coordinating RCO, who is North Square Community Alliance. They met with them where I was in

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attendance at the meeting in February of this year. After that meeting, there was an agreement

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that they would come back and meet with RCO to discuss the project and possible

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community benefits agreements. Through this process and through COVID-19, the RCO and the

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applicant have had discussions. The RCO has not, has taken a position at this time

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to have a non-position on the project, on the variance request. Our office requests

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that there be a two-week holding here on this process, primarily just to give the RCO one more

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opportunity to to respond to the uh applicants in good faith thank you thank you any other

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individuals want to speak on this case please raise your hand

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no hands chair uh planning commission

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chairmen and members of the board these properties are indicated for a combination of residential

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multi-family and single-family uses in the comprehensive plan staff is not opposed to

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the granting of the variance for multi-family at this location staff is also not opposed to

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the provision of parking and given the number of units staff does oppose the commercial space

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given that the corridor is not commercial and legacy commercial zoning was removed in a 2017

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remapping bill. Germantown Avenue, a commercial corridor, is also a mere block away. Staff does

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not support the dimensional variances and encourages open space be maintained at this site.

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open space

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can you be a little more specific about that

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the variance does not provide the proposed use does not provide much of the open area required

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for the rm1 zoning we recommend that there is some open space provided given the number of units

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even with the acquisition of the adjoining properties that will become somebody's moving

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their cursor around in that area is 15 is that 15 517 and 519 correct mr chairman that would be

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open space correct correct all right so it's not part of the application so i can understand that

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All right. So it's not part of the application, so I can understand that. All right.

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all right uh either

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Either way, Mr. Clinton, you heard Mr. Folks, I would like to propose that we hold this hearing be resumed.

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We'll see you next time.

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If we can get a special date in a couple of weeks, at which time we will only consider any feedback from the from the Councilwoman's office.

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Understood and agreed.

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Okay, Tonda, we have a date.

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okay cheers so we have the september 17th if we could put it on that date for limited testimony

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which is a thursday morning or afternoon that would be 9 30 in the morning but bear in mind

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we have a special and another case listed right i don't i think this will probably be done in a

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couple of minutes but thank you all right so calendar number 36729521-531 West Susquehanna

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Avenue and 2209-15 Fairhill Street this hearing will be resumed on September 17th at 9 30 a.m

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at which time we will only consider any feedback related to the councilwoman's office

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councilwoman sanchez's office

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thank you very much thank you excuse me chairman de chico just repeat the time

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and september 17th at 9 30 a.m thank you

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Okay, calendar number 39469, 3503 West Clearfield Street.

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i would ask that the applicants for that case raise your hands

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3503 west clearfield street

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John Sanborn and Ariel Gould, you can promote your screen as necessary and unmute yourself

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and wait to be sworn in it's gold will you be testifying also yes okay so why don't we start

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with you uh please spell your name for the stenographer a r i e l l e gold g o l d

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Address?

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3503 West Clearfield.

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

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Yes.

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Okay, is Mr.

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There's no attorney present, correct?

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Correct.

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Okay, this application is for a three-family dwelling in an existing structure.

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The proposal is refused for the following.

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For multi-family dwelling prohibited in the RSA 5 district.

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mr sanborn will you be testifying yes okay please put your full name on spell your name

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for the record john sanborn j-o-n-s-a-n-b-o-r-n address

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3503 west clearfield 1132

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do you swear and affirm to tell the truth the whole truth and nothing but the truth

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yes i do so i'm not sure if you or miss gold will be testifying whoever is please proceed

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i'm sorry could you repeat that who will be testifying both of you i will okay so please

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proceed okay um i just have to figure out how to share my screen really quick

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you are the owner yes okay okay ariel go to the bottom of your screen you're using a computer

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yes ma'am i think i got it okay oh that's not it hold on you got it you have it um

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there's a lot of um things sorry so we're looking at

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there's a lot of um things sorry so we're looking at 3503 clearfield

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yes okay your tax cert so that's it can you see that yes okay great um

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so we are applying for right now it is zoned as a duplex

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and we are applying to make it a triplex. When we purchased it, we were under the impression

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that it was properly zoned as a triplex. If we go to our

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zoning archive on page 19,

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it has that this was a triplex back in the 40s but when we purchased it we didn't realize that

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that zoning variance had lapsed so it has been used as a triplex since probably like 80 years

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at this point and we went and met with the community at the community center for this area

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they gave us their full support to rezone it and once we get rezoning passed

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we're gonna get rental licenses for it and everything up to code you have any

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photographs or floor plans yes you can share with us that would be helpful

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Sure. We had this drawn up for the meeting. This is how it currently looks. We didn't

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change anything about it when we purchased it. We just redid the interior flooring.

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Can you maybe enlarge that just a bit?

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Let me figure out how, but I can do it. Hold on.

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You're going to hit the plus sign at the top next to the percentage.

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So this is the existing property and this was the same as what it looked like when we purchased

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it.

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So I'll start on the left.

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That's it in its vicinity.

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The side elevation, front elevation, and the aerial view of it.

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do you want to see anything in closer view i don't know anybody on the board tom do you want to see

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anything else no that's good okay all right moving along questions from the

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board no no thank you anyone else wish to testify in this case if so please

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raise your hand here i have a stephen d'agostino stephen you can unmute your mic and wait to be

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sworn in mr d'agostino when you get on please spell your full name and give us your address

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s-t-e-p-h-e-n d apostrophe a g-o-s-t-i-n-o

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and i'm also an owner at 3503 west clearfield

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you're swearing a firm to tell the truth the whole truth and nothing but the truth

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i do

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testimony i just want to echo everything she said we we were very careful to not change anything and

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the community fully supports us. So I'm an owner, so I just wanted to be present and

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show that we care about upholding the community and keeping things as they are.

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Thank you. No other hands up, Chair. Thank you.

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thank you

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chairman and members of the board this property is zoned for single family

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residential in the comprehensive plan the commission does not have does not

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oppose the granting of this variance

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oh sorry about that calendar number three nine four six nine three five oh three west

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clearfield street my vote is yes

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my vote is yes

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confessor

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um i voted yes okay it's three we have three yes fine good luck to you

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It seems like we may have lost confessor, so I'll call the next case. MI-2020-000800-2406

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north howard street

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hi alan occamson hi you're still under oath uh just identify

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yourself good afternoon alan occamson of

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knockamson pc 123 south broad street suite 1600

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philadelphia pa 19109 mr knockamson do you agree

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uh to wave and snip i do thank you please proceed

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um in front of you is a packet of uh materials which include eight exhibits the first is the deed

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to the property showing that v2 properties owns the property the second exhibit is showing that

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B2 Properties is tax compliant with regard to its obligations to the city.

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The third exhibit is the Notice of Refusal.

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So this is a 1,700-square-foot lot that goes from North Howard to Waterloo, and we're being

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refused for two reasons.

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The first of which is the lot size of 859.5 square feet for lots A and B for this proposed

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subdivision.

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And the second one is the front setback with regards to North Howard Street.

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You'll see in the map that we're going to provide you that it's not uncommon to have one property or one building structure facing North Howard Street and another single-family building structure facing Waterloo.

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You'll see my application appeal to this board as well as the project information form.

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But again, here we are on the 2400 block of North Howard Street, and you'll see that, again, the properties to the left and right of us are actually subdivided, and all these as well are subdivided, where there's building structures, single-family structures facing on North Howard, and then there's single-family structures facing order low.

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you'll see photographs of property we keep the property in good repair it's a vacant lot right

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now and you know again the only reason why we're here is that you know this property next to us

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is set back but you'll see there's a diversity of property some being set back some of them not

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if we were set back we would also have a refusal for rear yard setback so the choice is which

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variance is more important. We think having a property that has usable square footage or space

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in the rear for a yard is a better use of the property than having a front yard where there is

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not much use other than, you know, walking to the front door. As you can see, this person to the

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left of us, you know, doesn't even use that that well. You'll see the plans. Again, this is a B2

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property single-family structure with an open floor plan on the first floor, second

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floor there's two bedrooms, and then the third floor is a master suite. We did

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meet with Norris Square Community Alliance. They did not take a position

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because even though we sent out notice to you know to let me see how many

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um you know to um let me see how many people we sent to 104 addresses no one from the immediate

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people who sent it to 100.

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community showed up um i will say this that they they stated in their letter that um you know they

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would leave it up to the board uh to decide uh and here's proof of mailing a little bit about v2

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properties i've presented v2 properties on multiple occasions uh in front of this board

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V2 Properties is one of the largest home builders of single-family homes in the city of Philadelphia.

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They have been recognized by the Philadelphia Inquirer for 2018 and 2019 as Developer of the Year.

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They are looking to start doing work in the North Square area of Philadelphia where this property is located.

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And they're looking to build, you know, single-family homes on, you know, fronting North Howard Street, as well as Waterloo, which is, again, not out of character for this portion of the neighborhood.

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And as such, we're seeking a de minimis variance with respect to that.

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Bill Archer, can you virtually raise your hand?

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can you hear me now yes yep i'm here hi uh bill can you state your full name and address for the

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record sure bill archer 130 clover lane it's in perkyomanville pennsylvania 18074

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Mr. Archer, do you affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Thank you. Proceed.

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Bill, you heard everything I stated today.

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Yes.

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And is it true and correct?

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Yes.

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And would you adopt this in your own testimony?

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Yes, I would.

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Okay.

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The only thing, again, I would point out is that the lot size is well over 1,700 square feet.

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we're simply looking to subdivide it and put a single family structure one facing north howard

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street one facing waterloo which is not out of character with the neighborhoods

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