civus
Hearing video

ZBA Hearing - May 7, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 7, 20255h 57m

that's the apartment building on south street um address but this is on cater street much higher

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than 38 street uh 38 feet high and then this is the one as well uh to the right of us um which

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also is much higher uh than the 38 feet allowed this is the existing courtyard so um hasam is

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going to live in one of the there are basically two single family structures with with you know

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commercial component one of them he's living in the single family structure um on uh on cater

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street him and his wife uh with a garage and then maybe or maybe not the commercial space may be

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used by their daughter for you know some type of craft crafting of some sort um with a commercial

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business but anyway it's really important to him that the courtyard is pretty so this is what it

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looks like now right and then you'll see from the drawings um about like what that's going to look

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like as well here's the massing um it's i i also have um matt uh from gnome architecture if he wants

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to interject with questions if there are any answers that we need from an architectural

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standpoint. But these are just the renderings. These are the materials that are being used

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But these are just the renderings. These are the materials that are being used to kind of mix well with what that building structure is currently on Bainbridge Street, as well within the neighborhood as well.

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to kind of mix well.

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And then the same thing from the Cater Street perspective, kind of mixing well, but also from a massing point of view, you can see our massing kind of runs in line with the massing in the neighborhood.

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This is why you, Hazem, you drew this, right?

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We have an architect.

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okay okay i thought i thought i talked to matt and i was like you should have taken it right

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i i asked matt i said i i asked i asked matt from no more architecture i was like who drew this

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it's pretty though yeah but but he's really into landscaping and and the in the courtyard area so

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i thought you drew i was like wow um but it's very pretty and it's it's repurposing a lot what's

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already there. And then this is just a site plan here. And then you can see from here from the

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elevations of what we're doing for each property. Again, Cater Street, we're adding two stories with

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a roof deck access structure. And the reason why we're getting the extreme height under the code

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is because our roof deck access structure is not five feet off from the rear, but we're not really

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causing any issues with light and air because of this common courtyard area. So that's because

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we're both, you know, we're both properties kind of mimicking each other. And then the

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surrounding properties are of the same height anyway. And then these are just our floor plans

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for Bainbridge Street. Again, Bainbridge Street has a commercial component right here, first floor

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and lower level. You go up a flight of steps, you have an open floor plan of a kitchen, dining room,

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two bedrooms two bathrooms washer and dryer and then there's a primary suite and then there's a

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roof deck that's building a building b which is on cater street we're adding two stories here

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repurposing the garage area that's right there currently you go up a flight of steps and you

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have a floor open floor plan of a living room dining room and kitchen you have two bedrooms

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two bats and then you have a primary suite on the fourth level as well as a roof deck area

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met with the community proof of mailing and emailing of that community notice

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our application for appeal that we filed on their behalf to the zba along with the notice of refusal

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and the project information form the deed to the property they own it in their personal names

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they're not developers but this is a you know property that we want to revitalize and they

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want to live in one of the properties or building structures, and we'll see what happens to the other

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one that they fix up. And then finally, the certificate of tax clearance. That being said,

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I would stop sharing my screen. I would ask that my client be sworn in. Hi, sir. Could you please

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state your name and spell for the stenographer? Hazem, H-A-D-E-M-A-R-E. That's name Halak, H-A-L-L-A-K.

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excuse me can i ask witness to get closer we'll do it mr kelly we'll take care of it do me a favor

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just get a little bit closer to the mic or pull the mic towards you do it again first name is

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hazen h-a-z-e-m as in mary last name is halak h-a-l-l-a-k do you swear or affirm to tell

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the truth the whole truth nothing but the truth yes please proceed counsel uh yes uh you heard

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everything i had to state today about your zoning matter yes is it true and correct yes and do you

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adopt it as your own testimony yes thank you and how in the garage is already there it is yes yes

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mr chair it is all right questions from the board

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yes what's happening on the in the first unit on that first floor that was sort of open before you

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got to the primary living room it didn't look like there was anything programmatically designated

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on the plan is that just general open space uh let me just go back to the floor plans

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and building a or building b i think it was building a because it was the first one that

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you that was like a little porch there was that no that building a has a commercial space so

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basically you get into the common uh door and to left you come into the but i just want to make

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sure i stay in it right building is the one off the yeah yeah so this is the commercial space

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right here okay where's the entrance for the residence so you have a common doorway right

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here a little gatsubule area make a left for commercial go up a lot of steps for residential

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okay and then building b is entering only on catered street that that is correct okay

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And that's right here.

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and that's right here i just needed to clarify that questions from our attorney

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I just needed to clarify that.

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Questions from our attorney.

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I have one quick question, Chair.

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So the RCO wanted a proviso for no limited lodging.

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Are your client okay with that?

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I mean, I don't know how enforceable it is, because if we wanted limited lodging, we would have to come back to the board.

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Right, I didn't understand that myself.

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Just to clarify on that, so short-term rentals can either be visitor or limited lodging.

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Limited lodging is an accessory use.

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so you wouldn't have to come back visitor accommodations would require a variant

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no you're right so yeah so that's that's they ask for no short-term rentals but we can't really say

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no to use that's not before the board but an accessory use that would not come before the

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board we can man we can limit that has um do you have any issue like having a restriction

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on your property absolutely no we're not gonna vent it and i'm gonna you know it's it's ours

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Well, we'll have that for another day about renting, but limited lodging means that you can rent it day by day, and that's what they want to restrict you on. You're okay with that?

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Oh, yeah, absolutely. Of course.

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Okay.

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Questions or comments from the virtual audience or the present audience?

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Planning Commission.

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Good afternoon, Chair.

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the planning the comprehensive plan recommends no change in the zoning at this location from the

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current cmx2 commercial mixed use the proposal for parking access from cater street isn't it

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is as an existing condition for building b the proposed height crease increase for building a

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facing baybridge street is de minimis however the appellant has not demonstrated that there

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are unique physical conditions or circumstances that would prevent building b from conforming

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the required height the planning commission recommends the board grant the requested

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variance for height on building a and parking for building b but deny the requested variance

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for height on building b and i just briefly sure uh so the the property that's next to us on bain

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bridge also goes completely street to street on cater street which has the same similar roof line

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so again if it's appropriate on for the bainbridge side it would be appropriate on the cater street

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side. Also, there's an apartment building across the street, which also has that same type of

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massing. And so for those reasons, I think it is in character with the neighborhood. Thank you.

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So MI 2025, 000449517 Bainbridge Street, I vote yes, with proviso, no limited lodging.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Samantha Graham, my vote is yes, with proviso.

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Eowyn, my vote is yes with Proviso.

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Shemel Shaheed, my vote is yes with Proviso.

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Thank you.

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And thank you for accommodating my schedule.

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Thank you.

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Number five.

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On my 2024-006-733-4045 to 61 Main Street.

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Adam Blaver is the attorney.

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This is a resumptive hearing.

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um so um

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mr labor i uh i i labor i try to uh give a little background but i mean there's numerous letters we

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have here uh the councilman jones has written a letter talking about walking the site um

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um many many special services the development corporation parcel city light church parkway

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on and on there is also uh i count at least four letters of opposition

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so that's just a little bit of a background of uh the interest that's in in this uh matter um

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and so this is this is what we'd like to do today we'd like you to finish your presentation

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and then we're going to go to questions from the board and the council and then we're going to have

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as you know mr hunter as you're aware send in a recording we will listen to the recording

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we will take other public testimony and we'll also go to the planning commission

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So do you agree with that?

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Good afternoon, Mr. Chairman, members of the board.

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I'm prepared to proceed as the board has suggested.

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I would like to address the board decision regarding Mr. Hunter's testimony in due course.

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So why don't you go through first, and then before we get to that, I'll give you an opportunity.

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i'll give you an opportunity and um if we do have his testimony you will have a chance to respond

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And if we do have.

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to it okay so why don't we go thank you um for the record uh adam laver of a blank room on behalf

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of 40 45 did i swear you in i don't believe that you did oh my goodness so why don't you just state

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your name is spelled for the stenographer. Thank you, Mr. Chairman. Adam Laver, L-A-V-E-S-V-E-T-R-E-R.

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

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Yes, Mr. Chairman, I do. Thank you very much. Blancrom represents 4045 Main Street, LLC,

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equitable owner of the subject property. Chairman Bergman, as you mentioned, this is a resumption

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hearing, but we go back seven weeks, actually, which is difficult, no doubt, for all of us.

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The 4045 Main Street LLC is the equitable owner of the subject property. As a refresher up on the

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screen is a conceptual rendering of what has been discussed at length with the board, just to have

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that for the board and for the public as I'm speaking. The equitable ownership is an urban

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conversions entity. Andrew Zakroff, who is a vice president of acquisitions and development, is with

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us virtually in the virtual hearing room. Also rejoining us this afternoon are cousins Robert

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and David Littlewood, fifth generation members of the family business G.J. Littlewood and Sons,

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the owners of the property and when we last appeared before the board members you'll recall

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that we presented an overview of significant challenges at the subject property we presented

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proposed plans that we believe will positively transform and reinvigorate this area of main

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street in line with the council members vision and we had also respectfully suggested in line

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with the parker administration's goal of bringing housing to philadelphia we presented a substantive

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analysis of the grounds for seeking relief before this board which i shall not repeat

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also returning to the virtual hearing room out of respect for for the board and all parties involved

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are several members of the project team which include mbe and wbe philadelphia-based partners

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and uh trying to advance the screen there we go this is the subject property as it exists today

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and board members you'll recall that hurricane ida had left the gj littlewood and sons uh dye

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factory which had existed since the civil war deserted uh unfortunately it's located at the

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very edge of the money on historic district that chores lane to the left in the foreground.

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And this, I think all parties, even the minority that is in disagreement with what we're proposing,

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but all parties recognize the need for reactivation.

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The coordinating RCO money on neighborhood council noted, quote, this is a challenging

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property and the property faces a hardship and that it cannot be developed as other

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properties can outside of the floodplain, even including the immediately adjacent property just

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beyond On Shores Lane, which is not in the floodplain. Very significant distinction,

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not to mention the rock outcrops that create a steep slope. And you see the steepness of the

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site even in this photograph. This site requires a developer with experience, with vision,

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urban conversions, I would respectfully suggest, is that developer. And it is a local developer.

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It's not just a Philadelphia developer, but as we stated in the record, one that is experienced

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in Maniunk and the surrounding area. We stand before you today after multiple public meetings

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in which interested parties have had the opportunity to add their voices. Philadelphia

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historical commission meetings and their surrounding community meetings around that

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architectural meetings the hardship committee which resulted in full approvals and consideration

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not to mention civic design review of course the plans before the board have been refined

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and updated over the course of many months resulting in a reduction in density increase

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in proposed accessory parking refinement of the proposed massing based on rco and cdr

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and philadelphia historical commission feedback there's a setback on the proposed seventh floor

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variety of surfaces and heights district council member jones has personally reviewed the proposal

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District Council Member Jones has personally reviewed the proposal, has been out to the site, and notes that this would further his, quote, vision for revitalized Main Street, end quote, noting, quote, the scope and scale of the proposed development is appropriate in light of several site constraints.

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has been out of this

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Here is another conceptual rendering that shows the proposed seven-story flood-resilient, state-of-the-art, responsibly-built residential building designed by Philadelphia architectural firm CBP Architects to include, as you'll recall, 163 residential dwelling units, accessory parking for 161 automobiles on floors one through two.

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Remember on floor one with the flooding, the flood concerns, it is not a place for human habitation. This is responsible development. We want to be the model, actually, for development along the water.

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Or do we want to make a policy position and say, we're going to have vacant swaths of land throughout our city? People love to be by the water. It can be responsibly done. It's done in so many other world-class cities. Philadelphia deserves no less.

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When we last met seven weeks ago, we heard expert testimony from Eric Layden of CBP Architects, Robert Wright of Bowman Engineering Traffic Planners, and Kevin Flynn, AKRP Flood Resiliency Experts.

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Why do we have this robust team of experts?

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Because the project, the site, really requires it.

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It needs it.

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This is not overkill.

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It is because we're taking this seriously.

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so we are grateful for the chance to be before you today in this resumption hearing the subject

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property is severely challenged in multiple respects urban urban conversion seeks guidance

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in best practices that exceed various code requirements benjamin cromey managing planner

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of ch planning if you could please promote him to panelists benjamin cromey cromie land planner

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who has appeared before this board previously has reviewed the proposed development and has

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submitted a professional planning report. I would like to ask Mr. Cromey to please

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raise your virtual hands, sir, to be recognized by Chairman Bergman and to present highlights

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as quickly as possible of your analysis, please.

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Benjamin Cromey is coming back in as a panelist now. Thank you. Thank you.

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Hello, this is Benjamin Cromey. Sir, could you please state your name again and then spell for

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the stenographer, please. Yes, Benjamin Cromey, B-E-N-J-A-M-I-N-C-R-O-M, as in Mike, I-E.

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

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I do. Please proceed, counsel. Thank you, Chairman Bergman. Good afternoon, Mr. Cromey. Thank you for

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being available this afternoon. In the interest of time, you have submitted a comprehensive

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of land planning analysis. You've appeared before this board. Would you please, sir,

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speak to the highlights, the executive summary, if you will, of your findings having reviewed this

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property? Well, in the report that I submitted, I did directly address each of the criteria for

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approval. I'm not going to go through every single one right now, just so I hit the highlights.

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As we've discussed, the denial of the requested variance relief would result in unnecessary hardship.

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The I-2, as of right, uses are wholly incompatible with the historic district.

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They're not viable due to being in the floodplain.

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