civus
Hearing video

ZBA Hearing - July 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 13, 20225h 14m

I heard that

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correctly okay

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and we do

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have a letter of support from the

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RCO which is

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here

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um there was there was no opposition to um the application and as i said it's it is

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something that the community has been um asking for asking us to provide um

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as follow and to follow up on the expansion of the existing uh charter school to add this

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elementary school any other questions from the board

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no mr chairman questions or comments from the virtual audience

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i see no hands at this time chair planning commission good afternoon chair bergman

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members of the board david effecto city planning commission the comprehensive plan recommends

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a change in the current zoning to industrial and commercial mixed use at this location

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the proposal for a school would be allowed in the proposed zoning district however there is no unique

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physical condition of the lot that would prevent the applicant from complying with the preferential

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parking requirement in the zoning code especially since they are only providing 11 on-site parking

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spaces so the city planning commission recommends the board grant variances for an educational

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facility, fewer than required number of parking spaces, and fewer than required number of loading

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and fewer than required number of loading spaces, but we're going to recommend that the

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spaces, but we're going to recommend

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board deny the variance for not including preferential parking spaces.

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David, do that one more time.

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Absolutely, and I apologize for confusing it. So we are going to recommend that the board grant

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the variances for the educational use, the fewer than required number of parking spaces,

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and fewer than required number of loading spaces, but we recommend that the board

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not support the variance for the lack of preferential parking spaces.

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mi 2021 003735 201 west honey park avenue i vote yes with the following proviso

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yes with educational use yes with fewer the parking places that are needed yes mr chair

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this is Hillary um I think so I think it all you need to um proviso is if you're not granting one

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of the variants because you don't have to state all the ones you're granting because otherwise

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right so so I vote yes and proviso is uh no to the lack of preferential parking

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Carol Tenere, my vote is yes with provisos.

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Jane Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is no.

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Okay, thank you.

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Thank you.

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let's see here

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let's see here

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number 5

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MI 2021

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003395

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2031 to 35

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South 60th Street

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Alan Nockamson is the attorney

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waiting on an RCO letter

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coordinating RCO

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is the 40th Ward Republicans

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Yeah, Mr. Nockamson is coming back in as a panelist.

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Mr. Chair, this is Hillary. We did get a letter from the 40th Ward Republican RCO.

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It was in it. It was in opposition and it was attached to the your updated packet.

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it okay we also and i also had attached um the plans uh that revised plans that were submitted

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by the applicant in response to the letter in opposition thank you

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mr knockamson yes uh good afternoon mr chair members of the board alan

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knockinson of knockinson pc a-l-a-n last name knockinson n-o-c-h-u-m-s-o-n do you swear

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a firm to tell the truth the whole truth and nothing but the truth i do could you identify

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your client please uh yes my client is adicum llc and the representative for the client is

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Yifan E. Chukwu

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as a

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our vice chair has a few questions

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Hi Mr.

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Nakhimson do you

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agree to wait the reading of the refusal and stipulate

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to its accuracy

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I do

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have you emailed the exhibit packet with

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proof of ownership tax compliance

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a copy of the refusal or

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referral photos and or

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plans of the property five days in advance

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of this hearing and have you met with the RCO

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and do you have a letter

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yes we do in all respects okay great you may proceed and begin with sharing your screen

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all right thank you very much

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all right so i'm here to present 2031-35 south 60th street uh this property is owned by edicom

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llc mr essay is in the uh audience uh virtual audience and held on my testimony at the conclusion

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of my presentation and then we'll be more than happy to take any questions from the boards

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uh this project um has been going our presentation to this project to the community has been gone

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going on for almost a year we filed this uh you know we received this refusal in july of last year

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We've worked diligently in trying to meet the needs of the community.

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um so in this presentation we'll go over the notice of refusal the correspondence we received

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So in this presentation, we'll go over the notice or refusal, the correspondence we received.

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from the 40th ward of republicans our proviso plan form in response uh to the letter we

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recently received uh today actually from the 40th ward of republicans uh city of philadelphia

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zoning change bill 1904-09 the reason why i bring that up is this property is an rsa5 property now

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but when my client purchased this property it was an rm1 property so what we're showing today

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is essentially what we should have been around as a right but for the zoning change

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the lower southwest southwest district plan will be a 2035 portion of it we're going to show you

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an excerpt of it which kind of goes to you know what we're believing is uh furthering the goals

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of the southwest district plan um atlas maps and maps of the area photographs of the property in

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the surrounding area our plans and drawings um our rco meeting notice of the last one we met

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uh at a well-attended meeting months ago we came up with uh revisions to our plans and

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in spite of those revisions um unfortunately we did not receive community support but there was

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only two members of the community that attended and before RCO records. Our applications for

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appeal are due to the property and our tax claim certificate. Again, Mr. Eze is the general manager

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of Kumas Homes and he'll adopt my testimony and we can answer any questions the board may have

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about this project. So first things first, this is our refusal. As you can see, it's dated July 22nd

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2021 uh so almost a year today we received this refusal and you know we understood that

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this would be an impactful project for the community um but also knowing that you know

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this is an rsa5 property now but when we purchased this property it was an rm1 property and we'll

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show the board that um so we try to have meaningful discussions with community over time in addition

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to the community meetings, we had several phone calls with community leaders. We actually met

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in person with community leaders, tried to lay out what they wanted from this project

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and to try to fit their needs. And we actually thought that was the case when we met with the

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community on Monday. But unfortunately, in spite of our best efforts and the good faith of the

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community leaders, they are declining to support this project. So you'll see that this is for

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proposed use of 12 units purposefully we do not cut roof decks here because we understand that

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you know this is a community that does not like roof decks um but we did have three refusals the

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first of which obviously is because of the use you know we're this is a 4 500 square foot lot

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um we proposed 12 units because we thought that maybe there was an opportunity to provide an

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affordable housing component of a couple units to make this project work um unfortunately and and

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that was asked of us in during the community discussions up until monday when we asked for a

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final vote uh where they stated that you know the two community members who did attend stated

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essentially they didn't want anything uh due to parking concerns and other concerns with regards

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to the neighborhoods um but you know what we're proposing now is a 10 unit building and we would

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ask for a proviso maximum 10 units based on the 4 500 square foot lot size that's what we would

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be allowed as a right if this remains an RM1 property, the same zoning designation we had

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when we purchased the property. The first refusal, as you can see here, has to do with the setback

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in the front. Because we're between two two-story buildings, we're required to have a setback

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of eight feet. Originally, we wanted to have a flat facade. Architecturally, we thought it was

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more interesting but in addition that would have given us two additional units that we could have

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given to the community in terms of affordable housing which we understood that was a goal of

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some of the community but ultimately was declined so in order to have the least modification

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possible under the philadelphia zoning code we're going to meet the zoning requirements as though

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this is an rm1 property knowing that right now it's not uh so we provided revised plans showing

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the appropriate setback on the third and fourth floors which deleted the two units that was

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designated for affordable housing and then the third refusal has to do with open lot

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open area requirements where 25 of the of of the lots should be open uh and not covered by

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building structure while 15% is proposed. Given the late hour, we were unable to get our architect to change.

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Given the late hour, we were unable to get our architect to change that part of our site plan and our revised plan, so we would ask that a proviso be placed if the board is, you know, inclined to grant our variance, where we would have to provide 25% open area in conformance with the code.

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So really three provisos, the revised plans, which you have, second one, maximum 10 units, and then third one, 25% open area, if the board is inclined to grant our variance.

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So here's the correspondence that we received at 10.19 a.m. from Mr. Melodoshin of the Coordinating RCO, the 40th Ward Republican RCO.

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And like I said, he was a gentleman, you know, we talked at length about this project and

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the effect it would have on it.

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My understanding is that this is a pretty tough area of Philadelphia, has a pretty high

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crime rate, in particular this block.

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So having a vacant lot, and you'll see from the photographs, that's been in existence

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as vacant for well over 15 years and much, much longer.

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But all I could do is look at Google Earth, having it built and providing good housing, you know, affordable in a sense, but not under the affordable housing program because, you know, we want to perform the code of 10 units, you know, was a good goal.

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And I think, you know, we tried to attain that goal in good faith.

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And we believe that the community leaders did try to attain that as well.

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but you know they he did say we do appreciate the development team efforts in working with

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our multiple rco process so we did work for over a year in this process and it would be a shame if

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this you know variance request was not granted um because this is a really difficult neighborhood

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to build especially with rising interest rates um you know the cost of labor cost of construction

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it would be impossible to perform to the code um in terms of building you know single three

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single-family homes. And again, you'll see that up until 2019, this was designated as R-1. We're

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not far from a commercial corridor. The 2035 plan actually states that in order to support these

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commercial corridors, you should increase density under these types of circumstances. But here's

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the votes. There were only, it said one person voted in opposition to this project. Zero people

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supported it but only one person not an rco voted against there and i believe that individual is

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attended and it's in a virtual audience um it was a husband and wife you know that was there so

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i mean granted even both of them voted that would be two votes against it but that was not well

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attended um and then there were the four courting um or the four rcos that uh represents that

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and then this is just our revised plans what we're stating is we're going to put the you know

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the setback on the third and fourth floors to conform to the zoning code to have the lease

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modification uh possible under the zoning code uh and here's our revised plans and then just to

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you know focus on this again my client purchased this property in april of 2019

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in exactly april 12 of 2019 on may 16th of 2019 it was this was introduced of this bill was

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introduced to change the zoning classification from rm1 to rsa5 so my client had no knowledge

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of this it wasn't like it was introduced and we have the pending ordinance doctrine where okay

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well he should have looked up you know the the court the legislative calendar and see if this

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was an R01 or at least it was a bill proposed for an R01 property. This bill wasn't proposed

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until the following month. So in good faith, he purchased this property expecting to put a

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multifamily structure there. Again, he's gone through this process, you know, because he has

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no choice. He did ask for 12 units because he thought that would have a nice blend of affordable

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housing and monthly rate housing. So June 20th, this bill passed City Council and it was signed

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by the mayor in in on july 24th of 2019 all dates after we purchased the property and then here's

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just and we have this deed in the back end of our presentation materials but we didn't purchase this

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property again until april 12th of 2019 so we were blindsided we're purchasing this property expecting

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to build a multi-family structure and as you can see this is straight from the bill this is what

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the neighborhood looked like prior to the build, this block, it was R-1 and then it

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transitioned into RSA-5. And you'll see from the maps of the area, we're not that

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far from the commercial corridor. There's a, you know, there's a wealth of public

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transportation in the neighborhood. All characteristics you would think of that

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um all all characteristics you would think of that would lend itself to remaining an rm1

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would lend itself.

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you know property um and then you see the 25 2035 plan as well from the city planning perspective

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this makes sense as well and then you can see the housing recommendations uh for the lower

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southwest district plan in 2016 says direct new multi-family units to major

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arterial and transit nodes and again we are close to both

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And then the maps of the area, again, we're on 60th Street between Greenway and Kinsensing, and we back up to Salford.

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And then you can see, here's the commercial corridor right here.

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Again, we are like essentially a block and a half away from a commercial corridor.

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And then you can see, again, much of the public transportation here as well that would support a housing project of this sort.

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And then photographs of the property.

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So, again, we're in the 2000 block of South 60th Street, and this is the property, according to Google Earth, in 2008.

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This is the oldest picture we could find on the Internet on Google, but in 2008, this was a vacant lot.

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So, for almost approximately 50 years of record, this has been a vacant lot.

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And if this variance is denied, especially given market conditions, it may very well be a vacant lot for years from time,

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which would be a shame especially on the block that's in need of eyes on the street. I don't

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know if any of the Mr. Maldoshans online but I mean he stated many times to me that you know

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there's a there's some disruptors to say the least on this block and having eyes on the street and

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we would comply with non-zoning related matters such as you know having cameras there, having

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available to the police department having well having well-lit landscapes things like that

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would i think be very helpful for this block of the community this is south 60th street to the

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right of the property south 60th street to the left of the property and then kumas homes has

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been in existence for 15 years they're headquartered in the point three section of philadelphia

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they're well known they not only own their properties they are general contractors and

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they self-manage their property. So they handle all three phases of ownership and take true

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