civus
Hearing video

ZBA Hearing - August 11, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 11, 20201h 34m
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Cases heard in this hearing

Properties heard at this hearing

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

My name is Frank DiCicco.

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I'm the chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our board secretary, Mr. Confessor Plaza,

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and our board member, Mr. Thomas Holloman.

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Our vice chair might be joining us a little bit later on in this hearing.

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We're also joined by our board administrator, Ms. Tanya Sunkett,

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and our board's attorney, Ms. Sharon Saleta, as well.

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For those of you who have not yet participated in one of our virtual hearings, I will go through some of the basics of what you can expect.

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First, beginning this morning's session by reading a list of cases to be continued.

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If you believe any case is being continued in error, we will give you an opportunity to respond.

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After reading the continuance list and receiving any feedback, we will take any additional continuance requests.

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Then, once we've confirmed which hearings are being continued, myself will begin calling the remaining cases listed for this session, or our secretary will call those names off as well.

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uh when a case is called we ask that attorneys representing applicants or other interested

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parties in the matter identify themselves for the record we will then hear the applicant's

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presentation followed by any presentation by attorneys representing other parties

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interested parties and members of the members of the public not represented by counsel will then

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be given an opportunity to testify we will finally hear the recommendation of the planning commission

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At the hearing's conclusion, we will either vote the matter out immediately or hold it for discussion in executive session.

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Any case for discussion will be voted on at the next scheduled Wednesday session at 9 .30 a .m.

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Please note the following changes related to the virtual format.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

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identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded.

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it. Fourth, anyone participating by phone, if you wish to testify, you must raise your hand by hitting

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star nine and then star six to unmute yourself. Again, if you're participating by phone and wish

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to testify, hit star nine and then star six to unmute yourself. Finally, to enter an appearance,

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excuse me. Finally, to enter an appearance statement, call Google number 267 -270 -5548.

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That number again is pound 267 -270 -5548 and leave your email address and the address of the property

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at issue. With that being said, we can begin. But before we call our first case, we'd like to

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announce that the following matters are being continued. Tanya and with Sharon, could you help

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me with that? I somehow misplaced that list. I got it, Frank. You want me to read it?

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please read it off. Okay. Calendar number 39475 -130 North 5th Street. Calendar number 39414 -2100

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Benson Street. Calendar number 39490 -2315 Catherine Street. Calendar number 39444 -2632

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Webster Street, calendar number 39620 -3676 Indian Queen Lane, calendar number 39420 -718

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South 18th Street, and calendar number 842 -354 Red Line Road is also continuing.

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Thank you.

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Is there anyone who believes a case is being continued in error?

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please raise your hand at this time no hands chair thank you are there any

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other requests for continuances or withdrawals please raise your hand at

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this time

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Harry

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carrie um you can unmute yourself and speak thank you good morning uh with respect to the

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continuances excuse me would you please identify yourself spell your name and address spell your

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name and for the stenographer yes uh good morning carrie nace attorney with the law firm of fox

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Rothschild 2000 Market Street Philadelphia PA here with regard to

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matter the address is 2315 Catherine Street which was referenced as a

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continuance do we have a new continuance hearing date for those

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no the date will be mailed out okay great thank you thank you are there any

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other requests for continuances or withdrawals please raise your hand um we have someone else

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let me just see we have another uh continuance that was missed from the list 7404 taurusdale

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um zen jen is here

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then you can unmute yourself

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again please identify yourself for the record

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Xen Jin, Z -H -E -N -J -I -N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103.

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I would like to request a continuance for Toursdale.

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We actually sent in a request, I believe.

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Yes, you did.

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My fault.

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I didn't put it with the list.

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Could you read that calendar number, Tanya, and address it into the record?

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or Jen, you can do it, whatever works. I can do it if you'd like, and it was actually my fault

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that it wasn't included on the list. No problem, no problem. The calendar number is 39476,

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the address 7404 Torresdale Avenue. Thank you, thank you. Any other requests for continuances

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or withdrawals, please raise your hand.

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No hands are up, Chair.

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Thank you, Tanya.

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Confessor, would you please begin with the first case?

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Read the first case.

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Sure.

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Calendar number 39529, 1254 North 19th Street.

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We have Augusta O 'Neill, you've been promoted to panelists, you can unmute yourself and

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share your screen as necessary.

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Good morning.

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Good morning.

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Good morning, ma 'am.

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Good morning.

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Before you begin, I'm sorry.

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Yeah, confess and then you can query.

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My volume is down.

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Can you hear me now?

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yes okay thank you by your name for the record please sure my first name is augusta a -u -g -u -s -t -a

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my last name is o 'neill o apostrophe n e -i -l -l you swear and affirm to tell the truth the whole

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truth and nothing but the truth i do and do you await the reading of its refusal and stipulate

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to its accuracy? I do. Thank you. Before Ms. O 'Neill starts, can I say that there is an RCO

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meeting scheduled for this appeal on August 19th. The council person and the RCO have agreed to

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allow the hearing to go forward. I've advised Ms. O 'Neill that she will be required to return and

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report the results of the meeting after it is held. Thank you. So noted. Thank you.

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Thank you very much. I'm going to start sharing my screen.

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Good morning, everyone. I'm here this morning with a project for a property located at 1254

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north of 19th Street. This property is bordered by West Thompson Street to the

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north and 19th Street to the east. It is zoned as an RM1. Our proposal is to

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rehabilitate an existing structure on the property. This is the property that

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this is the property that our project is for. Before my client bought this property,

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we're

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there was a store on the first floor and a residential unit above.

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As you can see from the zoning history, that was also included with our exhibits.

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My client's intention is to take the first floor unit that was used as a store and convert it into

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another residential unit so that there will be two residential units. Our architect David Sumida

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designed the property with a lower level so that the lower level and the first floor of the property

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will be one unit and the second and third floors will be used as another. Presently the property

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has a bulging wall that is bowing out over six inches and my client purchased it after it had

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been vacant for several months with the intention of fixing it up. In a traditional RM1 district,

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we could have built two units by right, but due to the overlay that this property is in,

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we are required to seek the de minimis relief that we are now seeking. In a traditional R1

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district, there must be 350 square feet of lot area per dwelling unit, but in this particular

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overlay, 425 square feet is required for each dwelling unit, and we are only off by less than

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100 square feet. I would submit to you that the intent of the overlay is to curtail excessive

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development, and we believe that by converting this building into a two -unit property, we can

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bring two affordable units to this neighborhood. The surrounding uses in the area are mostly

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multifamily. Pull up some pictures of the surrounding area. Sorry to interrupt. Do you

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have any floor plans? I do. Okay, that'd be helpful. Thank you. I'll just go through some

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pictures of the surrounding properties in this area and they'll bring up the floor plans.

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Let's see.

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Here we go.

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So this is what the lower level and first floor would look like, kitchen, bedroom.

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In the lower level, there would be family room, laundry area, and on the second floor

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and third floor, which is where the other unit would be, you see we have three bedrooms,

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kitchen and dining area, another living space.

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As I said before, this property has always been

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two units. The building itself actually already has

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two separate entrances, which I can show you

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in another picture. There's an entrance here

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and there's another entrance back here. Our proposed use

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would therefore be consistent with the other properties that are already in

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the neighborhood. Just to show the board a proposed rendering, or I'm sorry, a

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rendering. Following the rehabilitation, this is what the property would look

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like. We had also received refusals for our proposed deck and fence.

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trying to find it here we go

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as you can see the deck that we're proposing which would be here

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is not even as far back as the deck of the building that is next door

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as sharon previously mentioned due to the pandemic we were not able to meet with the

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RCO for this property, the Community Land Trust Corporation. They were gracious enough to allow

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us to schedule a meeting with them for August 19th, so I would therefore ask that the board

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hold their vote until after this RCO has had a chance to meet with my client and our project

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architect. However, should the board have any questions this morning, my client and our

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architect are here today and available to answer any questions that you have.

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thank you uh any questions from the board no no anyone else wish to testify if so please raise

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your hand planning commission would like to uh comment i was coming to you i didn't forget you

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this morning believe it or not i want to hear comments from the public first

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no hands up chair thank you planning commission

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yes good morning um this property is indicated for residential use on the city plan given the block

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um this property is indicated for residential use on the city plan given the block pattern

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we have no objection to the grounding of the variance provided that the

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fence code can is in full compliance that relates to the opaque uh fencing height and also um and

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the height thank you thank you so noted and this case is calendar number 39529 1254 north 19th

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street is being held pending a letter from the RCO and a report from the

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attorney regarding the hearing also the record will remain open if any community

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member should wish to speak thank you thank you for clarifying that wonderful

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okay next case thank you very much calendar number three nine four one one two thousand

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south krosky

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zem can you uh unmute yourself um he has to be promoted first um zen you're now promoted

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thank you you can share your screen as you wish also just just give us your name for the record

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but you've already been sworn in so thank you zenjin z -h -e -n -j -i -n uh here on behalf of mr jentien

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mataj the owner of 2000 kroski do you agree to waive the reading of his refusal and stipulate

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to attack your scene i do thank you i'm going to go ahead and share the uh to the board the

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information relating to this case.

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So this is a property in a CMX2 commercial district. My client acquired

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the property and was in process of renovating it. The key item here is that

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in CMX2 commercial district, you're required to have 30 feet deep commercial space on the first

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floor. I'm going to go ahead and jump to the plan as I think it'll be easier to see

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what I'm going to be representing on this through the plans itself. Essentially,

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my client's property, I'm sorry, let me shrink that down a little bit.

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my client's property is set up previously with the walls and divisions of the property in place

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and what you have is essentially a small commercial space in the front and a residential

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space towards the back on the first floor and then a residential space on the second floor

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we're actually short by about four and a half feet for the commercial space

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depth but because the stairs here and that's an existing stairwell that is

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built into the space it's very difficult to try to get more space out of the

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commercial portion he actually wants to use the commercial space as his private

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office and then leave the residential space as they are we met with the

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community and obtained support because they're aware of the this corner is not

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a heavy commercial corner so the community did not feel that this is an

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issue to have the proposal. What I'll do is I'll pull up the community letter and

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they actually put a pretty detailed description in here for why they

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supported this application. So again while the community would like to have

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better commercial spaces, this particular corner is really not one that they would

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have any opposition with the adjustment of having an additional residential

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space. So because of the hardship based on the location of the stairway and also

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with the support of the community, we would ask the board's favorable

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discretionary review of this and grant a variance for the refusal before the

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board. I'll be happy to answer any questions. Thank you. Any questions from

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the board? No. Anyone else wish to testify? If so, please raise your hand. My client

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is here or should be here.

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Good. Did your client raise their hand or identify themselves?

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Good. Your client raised their hand or identified themselves.

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Jian Jian, are you there? Can you click raise your hand on the bottom of your Zoom screen?

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Okay. You can unmute yourself and speak.

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Would you get your client to identify his or herself and spell their name for the record?

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Yes, can you please give the board your full name, address, and spell your name for the stenographer, please?

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And remember you have to click the unmute on the screen.

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I think he's still muted.

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Yes.

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Can you click the blue button that says unmute?

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It should be on the right corner of your screen.

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There should be a blue button with mute on it.

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If you click it, it will unmute you.

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All right, you know what, let's proceed.

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You're the attorney, you're under oath, so.

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Okay, any comments from the board? No.

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Planning Commission.

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This property is indicated for neighborhood commercial mixed -use

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on the city plan. Given the site's history, we have no objection to

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Thank you. Calendar number 39411, 2000 South Crosskey Street. My vote is yes.

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My vote is yes. My vote is yes.

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Thank you.

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Thank you.

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Calendar number 39535, 2217 North 10th Street.

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Zim, you agree to waive the reading of his refusal and stipulate to its accuracy?

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I do.

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Thank you. Again, Mr. Jen, you're under oath, so please proceed with your testimony.

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Thank you. Zen Jen, Z -H -E -N -J -I -N, here on behalf of CJB Homes LLC, 1617 John F. Kennedy Boulevard Suite 1838, Philadelphia EPA 19103.

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This is an application for variants to allow the front setback to, because this property is a RM1 property that is abutted on both sides by a two -story structure.

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So the code requires a minimum setback on the third floor of eight feet.

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We met with the RCO APM, and it was not a heavily attended meeting, but the neighbors that were in the area that did attend and the board itself of APM is aware that most of the three -story structures do not have setbacks on that block.

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so having a new structure be proposed with the setback really is not consistent with what's

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already existing in the area. So they supported our request for the variance not to have the

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front setback to keep the looks more consistent to what is already there on the block. This is

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the sole variance requested as the property's rear yard space, open space, and use itself is

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permitted by the code. Any plans you can share with us? Yes, let me share that now. I'm sorry.

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I was looking at my plans and I forgot to click share. So this is the structure plan. As you can

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see there is the required open space rear yard. The design is a three -family

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structure. However, this is RM1 and the lot is large enough to support the

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requested variants by Wright.

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I do have here also the floor plans.

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So again, the variance is for the third floor unit on the front for the eight foot sit back.

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As you can see, the space here is designed that there's a court as well as a rear yard large

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as well as a rear yard large enough to meet the open space requirements therefore we're asking for

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enough to meet the open space

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the board's consideration and not requesting not requiring the third floor setback for this

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particular proposal. Thank you. Any questions from the board? No. No.

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Hello. Anyone else wish to testify? If so, please raise your hand.

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I believe my client, representative for the company, Mr. Chagai Bader, is here.

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Can you bring him on, please?

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Hand.

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You can unmute yourself and speak.

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Yeah, no.

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Mr. Bader, please identify yourself. Spell your first and last name for the stenographer.

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My first name is Chagai Bader, C -H -A -G -A -I.

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My last name is Bader, B -A -D -E -R.

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I live in 10845 Renaud Street, Philadelphia, Pennsylvania.

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Thank you.

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

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Yes.

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Thank you.

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You heard my testimony to the board.

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Can you verify that it is true and correct and adopted as your own?

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Yes. Thank you. Thank you. Okay. Planning Commission.

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Properties indicated for residential use on the city plan. Given the block pattern,

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we have no objection to the granting of dimensional variance. Thank you, Ron. And I

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just want to make sure is there anyone else who wishes to testify on this matter?

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If you haven't raised your hand, please do so now.

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no hands chair thank you tanya calendar number three nine five three five two two one seven

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north 10th street my vote is yes my vote is yes my vote is yes thank you thank you have a good day

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likewise thank you calendar number three nine four nine one 59 north i'm sorry three nine four nine

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one through 59 North 2nd Street Oleg you've been promoted to panelists you

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can unmute yourself to speak as well as share your screen as necessary good

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morning members of the board thank you for having us before you today please

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Please spell your name for the stenographer first.

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My name is Oleg, O -L -E -G, Sokolov, S -O -K -O -L -O -B of RS Law Group, 1700 Market Street, Suite 1005, Philadelphia, Pennsylvania, 19103.

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I will waive the reading of the refusal and stipulate to its accuracy.

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And you can swear and affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Thank you.

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Please proceed.

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I'm sorry.

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Let me just turn up my volume on you guys a little bit.

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Thank you very much, members of the board. We are here seeking a variance, allowing us to extend an existing open space nonconformity onto the fifth floor.

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Currently, the building is nonconforming and the building sits in the middle of the block requiring a 25 percent rear yard open space.

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this is requested to be extended

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up to

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apologies currently the nonconformity is

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11 %

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sorry to interrupt could you

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share those plans with us please

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yes one moment please

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thank you

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I'm going to share the renderings

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if I may first

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i'm sorry i i got a new computer and not all the settings are ready for uh

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no problem we understand thank you

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Okay, I should be good to go.

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All right, here we go.

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These are the renderings of the property. As you can see, what we're going to be doing is building a fifth floor onto this as depicted here in gray.

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Additional photos here.

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And here as well.

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It has ocean views.

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I'm sorry?

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Well, the screen, you have partial, part of it is your screen is showing the property, and then it has an ocean view.

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I was looking to see how much they were going for.

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I wish North 2nd Street had ocean views, but unfortunately, we don't get many of those in Philadelphia.

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Thank you.

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Although, if you could somehow approve an ocean view for us there, that would be phenomenal.

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You could first to know.

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So, as stated, we will be building this fifth floor. What we are requesting is additional coverage of the open area of the property to extend to the fifth floor as well to a nonconformity of 11%.

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The reason for this request is twofold.

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First, the recent change in the building code has required that this property have two means of egress.

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That obviously is taking away from our square footage and ability to offer more square foot in the area.

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I'm pulling up plans right now for you.

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Second of all, as you can see, this property is very narrow and very long with windows only on the eastern and western facades of it.

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Therefore, the building to allow for more natural light is going to have light wells, as you can see depicted here, here as well in the plans.

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So that as well as taking away from functional square footage.

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The property, the request to have the additional space on the fifth floor was presented to the Old City District RCO, where we received support for the project.

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Unfortunately, we were not able to get a hold of anyone at Councilman Squilla's office to get a letter of support, but we see no reason why the project would be denied.

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we are not infiltrating in any way onto the light or air of our neighbors. Further, we had a long

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discussion with our immediate neighbors who are both in support of the project. We also have our

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architect Charles Kerr from Cadre Designs here on the line if the board has any particular questions

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for them or any questions for me to answer. This property is a CMX3. Obviously, no use change is

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being requested and the property will be used as short -term stay apartments the

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current plan is to build 16 apartments on in in this property the property was

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previously used as a warehouse to store plumbing supplies and other sort of

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equipment and supplies.

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Can you conclude with your testimony, sir?

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Yes.

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Thank you.

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There is a letter, I believe, of support from the Old City District as well.

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Questions from the board?

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No.

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Anyone who wishes to testify in this matter, please raise your hand now.

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No hands, Chair.

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Thank you.

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Planning Commission?

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This property is indicated for mixed use in the city plan.

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Given the site constraints, we have no objection to granting of the dimensional appearance.

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Thank you, Ron.

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Calendar number 39491.

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59 North

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2nd Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you. Tanya

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and or Sharon, is there any

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on the other unfinished business?

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No, that's the end of the session.

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Okay. We'll see everyone

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back here at 2 o 'clock.

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Okay. All right, be safe.

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all right you be safe

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no not yet but everybody can hear you

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that's outside of here and i'm the chair vice chair of the zoning board of adjustment

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i will be participating in today's hearing along with the board secretary confessor plaza

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and board members thomas holliman and james snell board administrator tanya sunkett and board

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attorney sharon saletta are also in attendance for those of you who haven't yet participated

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in one of our virtual hearings i'll go through some of the basics of what you can expect first

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will begin this morning's or this afternoon's session by reading a list of cases to be

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continued. If you believe any announced case is being continued in error, we will give you

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an opportunity to respond. After requesting the continuance list and receiving any feedback,

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we will take any additional continuance request. Once we've confirmed which hearings are being

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continued, I will begin calling the remaining cases listed for this session. As we go through

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the scheduled hearings, please note the following changes related to the virtual format. First,

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we will be administering oaths to individual participants prior to their testimony. Second,

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for the benefit of anyone participating by phone, we ask that attorneys and witnesses identify

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themselves prior to speaking or testifying. Third, we'd like to advise everyone that this

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proceeding is being recorded and that by participating, you acknowledge your agreement

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to be recorded. Fourth, for anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star nine, then star six to unmute yourself. Finally, to enter an appearance

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statement, call 267 -270 -5548 and leave your email address and the address of the property at issue.

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With that being said, I'd like to announce that the following cases are being continued.

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Calendar number 39370, 5900 North 5th Street. Calendar number 39603, 3854 Brown Street.

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Calendar number 39559, 2402 North 29th Street, number 1. Calendar number 39445, 2628 Webster

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Street, calendar number 39372 -2209 South 63rd Street, calendar number 39969 -2029 Randolph

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Street, and calendar number 39370 -5900 North 5th Street.

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Are there any cases I've just listed as continued that have been listed in error?

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No hands, Vice Chair.

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Thank you.

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Are there any additional continuances?

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Ms. Tenere, can I, this is Sharon Saletta, Board Attorney Sharon Saletta, I'd like to

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say that the Councilwoman and RCO have requested that the appeal for 646 North 32nd Street

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that the hearing be continued. The attorney is Rachel Pritzker. She, I believe, is here and

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wishes to speak on this matter. Okay, Rachel, can you please say your name and address for the

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record and spell it, please, for the synonym? Rachel, R -A -C -H -A -E -L, Pritzker, P -R -I -T -Z -K -E -R,

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Pritzker Law Group 1635 Market Street Suite 1600 Philadelphia PA 19103. Okay and this is for

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calendar no it's appeal it's an appeal and it's for 646 North 32nd Street. Do you swear to tell

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the whole truth and nothing but the truth? Yes. Okay you can speak. Yeah so I have reached out

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to the RCO a number of times. I know that the council office and the RCO requested a continued

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We actually didn't receive, under this new council member or from the planning commission, the coordinating RCO.

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So we were going off of Mantua Civic, which we had met with probably a year ago on this.

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met with probably a year ago on this. So we're happy to comply with the continuance. I just,

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So we're happy to comply.

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you know, would just hope, I know that everyone is working really hard and trying to move all

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this stuff forward. So if we could at least try and get on the calendar as soon as possible,

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that would be greatly appreciated because this has been sitting since before March. So, you know,

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we're happy to comply with that and want to help work through the process. But, you know,

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it can be tough on applicants when we've um we're having trouble you know communicating

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with some of these groups and and just missing some information so just wanted to to let you

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know that and know that we were prepared to be on the record today presenting this case and look

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forward to an opportunity to come in front of the board again okay thank you is there anyone else

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here who wishes to speak we have richard whitesmith you can unmute yourself and speak

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good afternoon this is richard weitzman i i'm not sir can you put your address on the record

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please of course it's uh three north second street suite 200 philadelphia pennsylvania 19106

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and do you swear you swear to tell the truth and nothing but the truth i do thank you i had raised

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my hand vice chair when you asked if there was any other matters for continuance and i just left

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it raised so i i'm not here on behalf of miss pritzker's case uh but i do have a i'm appearing

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on behalf of a of another attorney who has a matter before the board this afternoon

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okay well first we're going to handle miss pritzker's case um which will be continued that's

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The address is 646 North 32nd Street.

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Now, can you tell me which case you're here requesting a continuance on?

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Yes, it's 4861 North Howard Street, calendar number 39377.

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Okay, and the reason for a request for continuance?

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David Garcia is the attorney for the applicant.

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He had a dental emergency and was having some surgery at about 1 .30 this afternoon.

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Everything's happening at 1 o 'clock today.

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And this is Sharon Solita again.

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We did get an email requesting this continuance as well.

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Okay.

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Calendar number 39377 -4861 North Howard Street.

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This case will be continued.

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Thank you very much.

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no more hands vice chair thank you miss sunken next case is calendar number 39532

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2801 winton street the attorney is eric carroll um vice chair i believe we were going to call

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I know. Strike the calendar number 39532. Calendar number 39420, 718 South 18th Street.

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The attorney is Lionel Ginsberg.

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Lionel, you've been promoted to a panelist. You can now speak and share your screen if necessary.

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Mr. Ginsburg?

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Sorry, I was having trouble unmuting. I'm here.

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Okay, can you please put your name and address on the record and spell your name for the stenographer?

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Of course. L -I -O -N -E -L. Last name is A -R -T -O -M as in Mary, hyphen G -I -N -Z -B -U -R -G.

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I'm at the law offices of Lionel Artem Ginsberg, 1628 JFK Boulevard, Suite 2200, Philadelphia, Pennsylvania, 19103.

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Thank you. Do you swear or affirm to tell the truth and nothing but the truth?

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I do.

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And do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Okay, you may proceed.

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Good afternoon, panel.

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This matter relates to 718 South 18th Street. I'm going to shift to a picture of the lot.

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We are, you can see in the upper right corner where the little teardrop shape is. This is an

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where the little teardrop shape is.

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This is an oddly shaped lot.

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oddly shaped wall.

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It is a single family home, an RSA 5.

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And the denial relates to the lack of open space

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as to the plans,

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which essentially would be moving the wall of the kitchen forward

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into what is now the yard by approximately four feet

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and closing up the little gap, which is the diagonal space over on the right, for the purposes of insulation.

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You can see that the portion, the gap, the diagonal portion, really does not add anything at all to useful outdoor square footage.

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In fact, an adult human being cannot fit into the space.

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It's not even a crawl space.

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There's some conduit there, and that's it.

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The purpose is to extend the wall forward about four or five feet, which unfortunately, because of the unusually shaped lot, would take us below the mandatory square footage for outside space.

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which it probably given that it was built in 1868 does not it does not meet already

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uh i have the plans before me i have the uh i have the architect and i have the owners

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if anyone would like to speak to them does anyone have any questions

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Tom no no no okay and you've met with the RCO we did back in February and

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saw has not proved it okay um calendar number three nine four two zero can we get planning

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yes that's right we do need planning commission

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will the planning commission representative please identify themselves on record

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no we can't hear you

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Tanya I'm available it's Paula Burns Paula if you want to give a recommendation

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to this case that wasn't on the 2 p .m. list you can go ahead Paula unmute

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yourself I muted you this is Paula Burns from the Planning Commission this

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property is indicated for residential use on the comprehensive plan we have no objection to the

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granting of the variance for filling in the existing property for insulation improvements

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thank you calendar number 39420 718 south 18th street my vote is yes my vote is yes

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my vote is yes my vote is yes

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good luck and thank you thank you very much sure the next case is calendar number 39532

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2801 winton street the attorney is eric carroll

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eric you have been promoted to a panelist you can unmute yourself to speak and share your screen as

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necessary okay thank you sir mr carroll can you please identify yourself for the record name and

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address? Yes, good afternoon. Eric Carroll on behalf of applicant T. Chris LLC, 150 North

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Radnor Chester Road, Suite F200, Radnor, PA. Do you swear or affirm to tell the truth and nothing

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but the truth? I do. And you also agree to waive the reading of the refusal and stipulate to its

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accuracy? I do. Thank you. You may proceed. Okay, thank you. My client is the owner of 2801

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Winton Street. That is a corner vacant lot in the southwest corner of Gray's Ferry. It's zoned

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CMX2, so by right, we could build three units. One would have to be commercial, and then two would

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have to be residential. What we would like to do is just make all three residential. We don't think

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a store or anything like that makes sense for this area. There's a commercial corridor a block

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and a half north. There's already a bunch of corner stores on it. We don't think it would

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work we don't think the neighbors neighborhood really wants it in

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In addition, we would like to bump out the rear yard so that it aligns with the rest of that block.

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addition we would like to bump out that the the rear yard

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Now, if we did that, that would increase the maximum occupied area and shorten the required rear yard depth.

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But I think that variance we're seeking would actually make it a lot more uniform with the rest of the block.

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So we're seeking a variance on that and then looking to build all three residential as opposed to one commercial, two residential.

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We met with the RCO on August 5th. We won the support of that group. There was a letter attached to my materials.

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Yes, my clients are going to start building. Right now it's a vacant lot.

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We're having some issues keeping it clean with the dumping that goes on down there.

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And we think that the sooner we can get building, the better it would be for that block in that neighborhood.

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Thank you. Does the board have any questions?

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i'm sorry can you say that again there was some there was some audio feedback

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do you have floor plans yes the plans are on page five to six of the materials that i submitted to

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the um the emails that that were given to me last week tom i stopped your video so you could be

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clear thank you can you show the floor plans um i'm not actually sure how to upload that

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uh hold on one second actually no at home i can share screen

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I don't want seconds there

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there we go

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can everyone see them yes yes

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okay thank you

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are there any other questions no no no

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planning commission can the representative please identify yourself

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hi this is Andrew Maloney with the Philadelphia City Planning Commission that's a n d r e w m e

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Hello, N -E -Y.

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Hi, Mr. Maloney.

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

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Yes, I do.

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Thank you.

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This property was in the South District Plan.

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It's recommended to be rezoned as RSA 5.

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With that in mind, the Planning Commission recommends opposition to this

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for an overuse of a number of units.

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Thank you very much.

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Are there any other questions?

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No other questions?

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No.

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I don't have hands up here either.

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What about reducing the number of units?

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um this is the first i'm hearing about this uh we haven't discussed this it's always been

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cmx2 we talk to the neighbors we talk to the rco about this uh we don't think our plans would

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really work for reducing the number of units given the economics down there we think that

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three units would be able to provide a little bit more affordable housing in that in that area i

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I think a large house at this point wouldn't work.

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This is in a neighborhood that needs some work, to be honest.

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Okay.

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Calendar number 39532, 2801 Winton Street.

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And before I vote on this case, is there any way that you can go back and rethink this?

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I don't think at this point we really can.

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I mean, this is, you know, with everything, I'm sure a lot of people on this list, my client's been paying the note on this throughout this COVID situation.

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And at this point, to restart the process with the neighbors and the RCO who approved it and who voiced their support, I don't think that that's a realistic plan financially.

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Okay.

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Planning Commission doesn't think it's realistic.

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Calendar number 39532, 2801 Wynton Street.

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My vote is no.

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my vote is yes my vote is no my vote is no

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my vote is now my vote is now good luck

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frank do you want me to continue yeah please if you don't mind okay no not at all

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it took me 10 minutes to get this computer up thank you welcome to today yes tanya

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Before going on, could you clarify what that vote was?

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Okay, I voted no.

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Three no's and one yes.

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Okay, thank you.

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Calendar number 40049 -232 East Johnson Street.

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The attorney is Alan Nockamson.

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Mr. Nockmson, you've been promoted to a panelist, and you can unmute yourself to speak.

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Mr. Nockmson, can you please place your name and address on the record?

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Yes. Good afternoon, Madam Vice Chair, members of the board. My name is Alan Nockmson, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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Alan, I was going to spell my name.

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Okay, go ahead.

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I'm sorry.

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Oh, no worries.

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Alan, A -L -A -N, last name is Nochumson, N -O -C -H -U -M -S -O -N.

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Do you swear or affirm to tell the truth and nothing about the truth?

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I do.

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And do you also agree to wave the reading of the refusal and stipulate to its accuracy?

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I do.

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Okay, you may proceed.

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Okay, I'm going to share my screen.

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Okay.

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Okay, so what is in front of you is a packet of exhibits, which are eight of them.

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We had one addition last second when, you know, I submitted my exhibits last week.

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We met actually with the coordinating RCO this Saturday.

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So in my original packet of exhibits in exhibit eight, I stated that we were going to meet

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and that we would supplement our exhibit packet.

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So the good news is we met with the community,

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and both Councilwoman Cindy Bass as well as the coordinator of the NRCO

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have no opposition to this project.

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So this project is regarding 232 East Johnson Street.

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I have eight exhibits.

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The first is a deed to the property showing that my client, V2 Properties, owns the property.

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Just a little background about V2 Properties.

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v2 properties is one of the largest residential developers in the city of philadelphia last year

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and the year before they were recognized by the philadelphia inquirer as developer of the year

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their business model and their focus are on first -time home buyers and you know for this

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project you know here's the tax clearance certificate for this project it's we're looking

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to put a single -family home on a RSA 3 property. And the only variance that we're seeking or

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refusal we have, the lot size is 20 feet wide. Because this is an RSA 3 property, we're required

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to have a side yard of 8 feet, which essentially would be a 12 -foot wide house, while we're

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proposing a 4 -foot side yard, which would be more appropriate, a 16 -foot house. I hand it to you

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also the appeal package that I filed with the ZBA. As you can see, our property is of similar

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width to the properties on Johnson Street to the left and the right of us. If you look at the

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pictures that are attached, this is the lot that we are looking to build. If you look to the right

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of us on 230 East Johnson Street, they have the same width in terms of their side yard,

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which is four feet.

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So we're only asking to see what everyone else has on that side of East Johnson Street.

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If you look on the left side of East Johnson Street, there are limited or no side yards.

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So again, we met with the community group and I received an email from Charles Richardson,

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who's the zoning aide for Councilwoman Sydney Bass,

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who stated that, you know, based on their discussion

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with the coordinating RCO's representative, Reverend Williams,

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that the RCO and the Councilwoman would be taking a position

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of non -opposition to the granting of the variance.

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Thank you. Does the Board have any questions?

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No.

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Planning Commission, can the representative please identify

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themselves I'm sorry madam chair I know I'm sorry miss Sunkett I do have mr.

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I do have Mr. Richardson from the council office, if he could be allowed to speak.

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Richardson from the council office if he could be allowed to speak

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Sure.

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Mr. Richardson, you can unmute yourself and testify.

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Thank you.

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Madam Chair, I am Charles Richardson, Councilwoman Cindy Bass's office.

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Just wanted to confirm that Councilwoman has no opposition to the granting of the variants.

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And you do swear or affirm to tell the truth and nothing but the truth.

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I do. Okay. Thank you. Thank you.

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Anything else, Ms. Sunkit? No more hands, Madam Chair. Okay. And there are no questions from the

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board? No. Calendar number. Thank you. Calendar 40049. I'm sorry. Once again, I hate to interrupt.

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could we just get the planning commission oh my gosh what is wrong with me today thank you

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planning commission representative can you please identify yourself hi this is andrew maloney from

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the phil w city planning commission that is a n d r e w m e l o n e y and mr maloney do you swear

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or affirm to tell the truth and nothing but the truth yes i do okay this property was part of a

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rezoning that happened at the end of 2019. However, the property was kept as single family

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residential. Being that the use proposed here matches that, the Planning Commission has no

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opposition to the dimensional variance. Thank you. Calendar number 40. Yeah, I'm sorry. I'm sorry.

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okay calendar number four zero zero four nine two thirty two east johnson street my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes thank you and good luck thank you

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have a great day thanks you too calendar number three eight seven one four one five three five

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carlisle this is a hearing on reconsideration

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and miss saletta can you explain the status on this

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yes um the reconsideration that the board granted

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was at councilman clark council president clark's request

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he did not oppose the grant of the um of the variants but did request that

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additional provisos be added. The appellant does not object to those provisos, so the purpose of

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this hearing really is to read them, re -vote the case, read the provisos into the record.

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They are commercial trash pickup and trash stored within premises.

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We don't know if any of the parties are here to speak to this.

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You might call them. I have Mary Jones here. Thank you.

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Mary Jones, you can up meet yourself and speak.

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Ms. Jones, hi.

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Can you put your name and address on the record?

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Yes.

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My name is Mary Jones, City Hall, room 496,

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representing Council President Darrell Clark's office.

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And do you swear or affirm to tell the truth and nothing but the truth?

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Yes, I do.

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thank you so you yes so today yeah we just asked that these provisos be added

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on behalf of the community to this variance the commercial trash pickup and

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the trash storage like this just mentioned okay am I going to planning

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Commission on this? Ms. Saleta? I don't believe that's necessary. The Planning Commission weighed

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in on the first vote. This is merely to add provisos. Okay. Calendar, or does the board have

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any questions? Calendar number 38714, 1535 Carlisle Street. My vote is yes, with commercial

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trash pickup and trash stored inside of the premises my vote is yes with proviso yes with

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proviso yes with proviso that concludes the two o 'clock hearings

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Back at 3 .30.

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Back at 3 .30.

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Thank you.

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Thank you.

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Is that your building?

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Is everyone ready?

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Tanya Sharon I see the board members are here yes I'm here okay all right good

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Tanya?

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Sharon?

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afternoon everyone my name is Frankie Chico I'm the chair of the zoning board

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of adjustment we have a forum I'll be participating in today's hearing along

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with vice -chair miss Carol Tenere board secretary confessor plaza and board

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members, Mr. Thomas Holloman and Mr. James Snow. Additionally, we'll have our board

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administrator, Ms. Tanya Sumkin, and our board attorney, Sharon Saleta, are also in

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attendance. For those of you who have not participated in one of our virtual

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hearings, I'll go through some of the basics of what you can expect. First, we

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will begin this morning, or this afternoon, rather, session by reading a

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list of cases to be continued. If you believe any announced case is being

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continued in error, we will give you an opportunity to respond. After reading

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the continuance list and receiving any feedback, we will then take any

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additional requests, continuance requests. Then once we've confirmed which

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hearings are being continued, Vice Chair Ms. Carol Tenere will begin calling the

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remaining cases listed for this session. When a case is called, we ask that the attorneys

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representing applicants or other interested parties in the matter identify themselves for

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the record. We will then hear the appellant's presentation, followed by any presentation by

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attorneys representing other parties. Interested parties and members of the public, not represented

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by council will then be given an opportunity to testify. We will finally hear the recommendation

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of the Planning Commission. At the hearing's conclusion, we will either vote the matter out

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immediately or hold it for discussion in executive session. Any case held for discussion

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will be voted on at the next scheduled Wednesday morning session at 9 30 a .m. Please note the

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following changes related to the virtual format. First, we will be administering oaths to

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individual participants prior to their testimony. Second, for the benefit of anyone participating

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by phone, we ask that attorneys and witnesses identify themselves prior to speaking or

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testifying. Third, we'd like to advise everyone that this proceeding is being recorded and that

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by participating, you acknowledge your agreement to be recorded. Fourth, for anyone participating

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by phone, if you wish to testify, you must raise your hand by hitting star nine and then

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star six to unmute. Again, if you wish to testify, you must raise your hand by hitting

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star nine, and then star six to unmute yourself. Finally, to enter an appearance statement,

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call Google number pound 267 -270 -5548 and leave your email address and the address of the property

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at issue. With that being said, we can begin. But before Vice Chair Carol Tenere calls our

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first case, we'd like to announce that the following matters are being continued.

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I'm sorry, Chair. Can I just ask you a quick question?

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Please.

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Is your volume up? Because the IT personnel is saying you're a little low.

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My volume.

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Or if not, just be closer to the mic, okay?

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How's this? Any better?

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How is that?

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Still?

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Yeah, maybe speaking just a little bit closer.

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Better?

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Yeah, a little bit.

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I'm 100 % on my volume.

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Okay.

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Do you need me to go over anything else that I already spent?

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Do you need me to go over that?

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I mean, it's a standard statement that you can get from the previous session.

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no everything should be good okay thank you all right the following cases are being continued

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calendar number 39533 1726 north 51st street calendar number 38719 1743 east washington lane

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Calendar number 395301911 West George Street.

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1911 West George Street, calendar number 38530, 2843 Water Street, calendar number 39290, 1000 East Erie Avenue.

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Calendar number 395301911 West George Street.

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So again, if I called out any case in error, please raise your hand at this time.

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here i have charles richardson charles you can unmute yourself and speak

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thank you tanya uh good afternoon uh mr chair uh we are asking for a continuance for

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39421 4800 north eighth street in conference with the civic association the logan civic

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Association this morning, found out that the applicant was supposed to return to the RCO

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because they came to a meeting in February and were not prepared to present.

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And so they were asked to return with materials and to present at a later date, and they never

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did.

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Of course, the pandemic hit since then, but the RCO was requesting a continuance, and

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we're supporting that.

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Thank you.

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Is the applicant online?

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Marush, you have been unmuted.

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You can click your mute button so you can speak to the continuance request.

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Please identify yourself with the record.

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Spell your first and last name, please.

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My name is Marush Tsenai.

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First name M -I -R -U -S -H.

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Last name C -E -N -A -J.

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I live at 7704 Browse, B -R -O -U -S Avenue, Philadelphia, PA, 19152.

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So you heard the request from the Councilwoman's Office?

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Were you familiar that this request was going to be asked of today?

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No, I'm not.

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And I've sent an email to both the RCO and Mr. Richardson more than two weeks ago.

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And this is the first time I'm hearing that.

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If possible, we'd like to present our case.

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We believe that we have a strong case, and we did meet with the RCO, and we were prepared.

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If you look at our presentation, you'll agree that since nine months ago when we started this, that we've met with the RCO.

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We presented our case at the RCO.

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Actually, we presented our case for the refusal at the RCO, but we were not allowed to defend our refusal or propose our case or even discuss our case.

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I think that if the zoning board hears our exhibits or at least allows us to go through the exhibits, they'll understand what the entire situation is.

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I don't think Mr. Richardson presented the matter as it is, in fact.

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Well, my guess is Mr. Richardson is listening to comments from the RCO on behalf of the Councilwoman.

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Hold on, please.

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Shari, we can hold him here, couldn't we?

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Well, does Mr. Richardson have any idea when the RCO would be able to schedule a meeting?

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Don't at this very moment.

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If I may speak, I sent an email to the RCO back in May, and they are saying they are

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waiting until the pandemic is over in order to have in -person meetings.

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Now I don't think that's very fair because we don't know how long this pandemic will

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take place, and I think we did follow the zoning code, which was to have a meeting with

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the RCO.

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We still haven't had a summary of the meeting.

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I would really appreciate it if the board would let us present our case.

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Let me ask a question. Were you supposed to return to the RCO?

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We were supposed to return on the 13th of April to the RCO, and that meeting was canceled.

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If it makes a difference, the applicant did submit a revised application in keeping with the RCO's request.

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he had originally requested a laundromat on the first floor, the RCO objected to that,

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he changed it to a grocery store. Given that and that he's already had one meeting,

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Mr. Richardson would a compromise that would perhaps the chair has asked if we could do a

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here and hold if we left the record open say for 30 days and the RCO would

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30 days and the RCO would then be given an opportunity to come back and testify?

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then be given an opportunity

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I think in fairness, that'll be fine.

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Mr. Rich, we're going to recommend that. I mean, to say, obviously, you're repeating what you've

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been told that we're going to wait for the pandemic to end. We all hope it's over tonight,

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but God only knows when we're going to be out of this. So we'll hear and hope for 30 days.

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um so not exactly here we we will here leave the record open and and allow um the applicant to come

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back and report on any progress with meeting with the community then okay very good all right so

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we'll proceed with the hearing mr richardson you're obviously welcome to listen in and if you

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have any questions at the end of the presentation please feel free to ask certainly um i also have

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my partner here with me. So who will be testifying? Mr. Marouche? Yes. I promoted

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you to a panelist. Okay. I also need to swear in my partner. He's also here. We're not doing that

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yet. First, you're promoted to panelists if you need to testify and share your screen. But first,

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are you going to be presenting yes your partner i am going to i'm going to okay so we'll start

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out with you and then we'll get your partner in it together say something before we start

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mr marouche are you an attorney no i'm not i'm just no he's not are you an llc or a corporation

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no okay all right carol

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okay this is um what am i reading the use refusal let's read the calendar number off

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calendar number okay calendar number 39421 4800 north 8th street this is an application for a

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retail grocery store food beverages and groceries not to exceed 2 000 square feet

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on the first floor and proposed two -family dwelling above in an existing structure.

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This use is refused because it is prohibited in this zoning district.

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The two -family dwelling is prohibited.

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Name and address for the record, please.

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My name is Mirush Sainai, M -I -R -U -S -H, last name C -E -N -A -J.

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My address is 7704 Brous, B -R -O -U -S Avenue, Philadelphia PA 19152.

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And do you swear or affirm to tell the truth and nothing but the truth?

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Yes, I do.

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Thank you.

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You may proceed.

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All right.

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So can you all see my screen here?

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Yes.

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Okay.

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So I'm just going to go through the exhibits here.

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This is just the deed of the property.

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The deed to the property here.

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The address is 4800 North 8th Street and just the tax compliance is the appeal for the for

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the initial appeal back in November of 2019 so this has been nearly nine months now this

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is this was received by the zoning board on the 3rd of December I'm sure you've all I'm

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going to explain everything and that's what's including the appeal so I won't go over that

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for right now. This is the project information form that was required.

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These are the list of the addresses that we

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mailed out to the neighbors, the mailings that we did.

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So we had the February 10th meeting, which we mailed out this notice here

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as required.

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So it was February 10th at 630. This is the refusal,

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the initial refusal, which was for a laundromat and a duplex upstairs.

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And this is the email to the RCO, including Mr. Richardson, and the ZBA as well.

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Just their notification.

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These are the mailing receipts for that meeting.

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This is just a photo of the envelopes that I sent.

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This is the notification that we mailed out for the ZBA hearing itself.

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um we didn't really um we just copied what was on the zoning poster pretty much that had the

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instructions on how to join the meeting by phone or online and that was mailed out to the neighbors

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as well this the one that was mailed out for this hearing was for the we did amend the application

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in the meantime per the rco's request um to an a grocery store from a laundromat we made it a

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grocery store even though a laundromat was by right. We did change that. This is

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We did change that. This is an email sent to the RCO and the ZBA for the notification. And this is just a receipt of the mailings. So now we can begin. This is a, so this is a, let me make this full screen.

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an email sent to the RCO.

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So this is the Luden Street view of the property. This is the zoning poster here. This is the front

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view of the property. This is the zoning poster here. This is dated 7 -24, so July 24th when we

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put up these posters. And again, the zoning poster posted to the front. So this is a good overview

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of the property I'm going to zoom in a little bit so I'm not sure if you can

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tell by the photos but this is a very large corner property it's in need of

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major repairs so this is the third floor here this is the second floor here and

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this is the first floor let me go to the next photo here is another view of the

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property again this is I don't know if you can tell by the photos but it is a

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a decent sized property with bay windows there's a front yard and a rear yard as

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well and now so then we did email the civic the Logan Civic Association RCO

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on July 28th and I do have that email to provide a summary of the meeting and we

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also emailed mr. Richardson along with the members of Cindy Bass's office and

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you'll see that later on as well. But I'm just going to provide a meeting, a rundown of the

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meeting that occurred on the 10th of February. So we met, we went to the meeting, we did the

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mailings as usual, we went to the RCO, and we were not allowed to discuss the duplex

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without first removing the first floor use, which was a laundromat. They did not want a laundromat

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area, even though it was by right. One neighbor in particular came to the meeting to oppose

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the laundromat. So the RCO suggested that we change the first floor use before discussing

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the duplex. The duplex was not opposed or even considered. So after the meeting, we

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emailed Ms. Sunkit of the ZBA to request an amendment according to the RCO, just like

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RCOs. We didn't oppose that or anything. We just had to put something down for the application. So

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we put something that we thought a neighbor might be interested in because he expressed interest

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which was a laundromat. And let me see that. So this is the initial refusal here. You see that

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the application is for a laundromat. The reason it was refused was for a duplex,

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not for the laundromat, but that was the initial application. And then I emailed Ms. Sunkit

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on February 19th to ask for an amendment because the RCO requested that before even

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before being allowed to discuss the refusal they were they requested to remove the first floor use

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and make it a grocery store so we asked Ms. Sunkit if we could amend it and she did allow

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us to amend the application to a convenience store rather than a laundromat this is the

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the amended refusal which is the exact same thing except instead of laundromat

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I made it a we made it a convenience store on the first floor just like the

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neighbors requested so this is an email to Mr. Richardson and Cindy Bass's

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office who have not replied to us asking for their support but clearly we saw

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that they want to continue this so I'm going to talk about the property a

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bit. So this is the property right here on this corner. It's zone CMX1. It's on the corner of

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8th and Luden. This is Atlas, which is the Philadelphia tool, the city website. These

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are the adjacent lots to the corner store, which are zone CMX3. CMX3, I believe, has by right duplexes

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up top. They want to build apartment buildings right next door. So I think it's unfair to say

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that we can't have possibly have a duplex when they're building when the

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Goldenberg Group are building multi -unit multi -story next door so

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we'll go to the next page these are this these this is a the property right

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here 4800 North 8th Street there are two corner properties next to our property

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both who have been previously approved for duplexes on the second and third

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floor and we believe that these were granted duplexes because of the same reasons that we're

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requesting a duplex this property is very large in size the second floor is 750 square feet roughly

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the second floor is 750 square feet roughly and the third floor is roughly

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and the third floor is

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850 square feet and we'll go over the the floor the rough sketches of the

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floor plans as well but both of these properties have been approved for duplexes

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in the past this is just the nearby properties here on the block on 8th

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Street you can see that they're they're 15 and a half feet wide while our

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property is almost 18 feet wide not including the bay windows and this is a

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large lot 18 feet wide by 90 feet with the bay windows that's almost 20 feet

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wide I'm just showing you the size of the property this is a site plan just to

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get an overview of what the site looks like there's a front yard a rear yard

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this is a building this is the entire building this is almost 64 feet the

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entire building by 18 feet so this is a large building there's a veranda in the

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rear a portion of front so this is what it says first and second floor but this

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should be second and third floor I apologize so this is just a sample this

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isn't wasn't drawn by an architect we just I just put this together of what we

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think that the current condition is a shell condition which it has been vacant

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for nearly 30 years the second and third floor the first floor the convenience store was used

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and up until recently up until 2016 we believe but this has been vacant for nearly 30 years

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on the second and third floor so this is 737 square feet and then 840 square feet

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we're talking about very large units

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so this is what we so that you can see another view of the property what we intend to do which

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is just repair all the windows just try to make it as nice as possible obviously it does need you

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know fixing up and we believe that this will benefit the neighborhood 30 years vacant I think

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it's it's going to be a good thing this is what we think that will happen if we

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fix up the property right now this is a street view from Google Maps of the

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property right here to the left you can see that there's dumping right here and

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what's known as the Logan triangle those lots that were approved for

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multi -million dollar developments there's dumping nearly every day and we

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we actually cleaned out the house and we had to pay you know junkyard fees you

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know, to clean up the trash inside. Meanwhile, people are dumping in the front. So again,

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you can see this trash. We think that if we fix this property up, it won't, it'll deter the

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dumping because if they see a nice property, they see a house maybe with cameras, security cameras,

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lights, they won't come here and dump, at least not on this corner. They'll go somewhere else.

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We really strongly believe that. We are also pledging that these units will be, according to

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the HUD. There'll be fair market rents, even though they're renovated. These are going to

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be two affordable units. And that concludes our presentation. If you have any questions,

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I'd like to respond if possible. Thank you. You said you're not an attorney.

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No. I think you're missing in your trade. You did an excellent job.

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Thank you. And you're not an architect either, right?

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No, I'm not. I work in IT, actually.

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All right. Good job. Thank you.

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Is there any, are there any questions from the board?

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No.

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No.

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No.

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Anyone else wish to testify on this case, please raise your hand.

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No hands up at this time, Chair.

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Thank you. And Planning Commission.

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Good afternoon, Board. My name is Peter Bernard. I'm presenting today on behalf of the Planning Commission. My name is spelled P -E -T -E -R -B -A -R -N -A -R -D.

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This property is indicated for commercial mixed use on the comprehensive plan.

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However, the property and the adjacent structures were built as single -family houses.

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The property use is not compatible with the surrounding properties.

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Accordingly, we object to the granting of the variance at this location.

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Will we swear to them in just to be on a safe side?

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Do you swear and affirm to tell the truth?

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The statement you made, do you swear and affirm to narrow the truth to the best of your knowledge?

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Yes.

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Thank you.

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Thank you, Tonya.

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Anyone else who wishes to testify in this case?

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no no one no one uh sharon could i impose on you uh to give us the language on the holding of this

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No, no one.

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No one.

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Sharon.

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case i don't have that in my notes um yes um can i first note for the record um the planning

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commission i believe suggested that the commercial use was inappropriate unless i misunderstood um

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Just so that it's clear, the commercial use is permitted by right.

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That was denied.

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Repeat that.

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The commercial use that is requested is permitted by right.

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There was no.

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I heard you.

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Someone else chimed in.

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That question is posed to the planning commission.

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To reiterate the statement that I made,

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We identified that the property is identified as commercial mixed use in the comprehensive plan, and that our objection is to the variance for two -family units because it is attached to adjacent units that have been built and maintained as single -family homes.

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Okay, I misunderstood. It's the two -family. If it were a one -family above, you would not be opposed.

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Thank you. Mr. Chair, how long would you like to hold this in order for the RCO to weigh in?

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No more than 30 days, within 30 days at maximum.

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Okay. Then the record will remain open. The applicant will return to report back on and

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will attempt to contact the RCO and will report back on any progress that he has made at the

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next hearing within 30 days and a vote will be taken then. Thank you. Mr. Richardson, you still

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there? Mr. Richardson, you can unmute yourself and speak.

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Okay, Charles, you there?

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Yeah, I don't know what's going on here.

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He can unmute itself, but it's not being unmuted.

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All right. Well, I'll just, for the record, Mr. Richardson, you heard what the board's decision is.

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Here I am. It finally showed up.

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All right.

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I assume you heard what the position of the board is about.

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Yes.

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Within 30 days.

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Yes, Mr. Chair. I'm going to speak with the head of the Logan Civic as soon as we get off,

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and I'll have her contact the applicant, and then they can work it out from there.

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Very good. Thank you.

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thank you all for your participation sorry can i uh can i ask when the next meeting would be in 30

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days what date that would be and what time or that that's a question for uh mr richardson rather

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than us obviously i mean with the zoning board when i return zoning board as soon as within 30 days

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whenever we get the uh correspondence from the rco and or the councilwoman's office

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we'll make that decision okay thank you won't be beyond 30 days it'll be within

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30 days thank you all for your time thank you is the Lester's any other

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business that I don't know I'm not aware of it that ends our session sure does

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Tanya

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Yes, cheer, that's all

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That's it, everybody

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Okay, I'll see you guys some more

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Stay safe, have a good night

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Thank you

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Bye, everybody

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Thank you, good night

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Bye, good night

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Thank you, court reporter for everything

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Good night

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Thank you

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You're welcome, have a great night

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Bye -bye.

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Permits on this parcel