civus
Hearing video

ZBA Hearing - July 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20215h 54m

Let us know when we're ready, Lakeisha.

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Yes, I will.

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and you're good to go chair thank you good morning everyone my name is frankie chico i'm

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the chair of the zoning board of adjustment i'll be participating in today's hearing along with our

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Vice Chair, Ms. Carol Tenere. Board members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator, Lakeisha Dandy, and our Board Attorney, Ms. Sharon Saletta, are also in

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attendance. For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we will be administering oaths

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to individual participants prior to their testimony. Second, we'd like to advise everyone

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

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to be recorded and that the recording will be made available to the public on the web or

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otherwise. Third, for anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star nine and then star six to unmute yourself. Pardon me, I'll repeat.

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for anyone participating by phone if you wish to testify you must raise your hand by hitting star

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nine and then star six to unmute yourself finally to enter an appearance statement call google

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267-270-5548 and leave your email address and the address of the property at issue

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I'll repeat that as well. To enter an appearance statement, call Google 267-270-5548 and leave

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your email address and the address of the property at issue. And I'd like to remind everyone,

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please do not attempt to testify in the chat. All questions and concerns should be directed

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to our board administrator, Ms. Lakeissa Dandy. With that, I will read off a list of the add-ons

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before we get into our regular 930 list. MI 2021-001233, 1800-02 Benton Avenue,

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MI 2021-001234

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1808-10

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Benton Avenue

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MI 2021-001235

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1812-14

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Benton Avenue

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My vote is no on all three

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My vote is no on all three

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My vote is no on all three

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that's all that we seem to have from the board pardon me um you three are the three that i see

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on from the board yeah i don't see jim again all right but it was unanimous vote so we'll when jim

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catches up we'll we'll work with him then uh number two on the add-on list mi 2021 that's

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zero zero one one zero four four nine one seven north 13th street my vote is no

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my vote is no my vote is no

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carol the items three and four i was not here for but let me do number five

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first we'll go to

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Mr. Chair

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we won't be doing three and four

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because we need three of the people

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who were here to be voting

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and confessor was one of those

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Jim was not here

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was was jim here for that um i believe i'm sorry i have that three members were present

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was Jim here for that

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and confessor was one of them so oh okay regardless regardless okay so three and four

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will not be here called on number five mi 2021-001-577-3519 hamilton street has been

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withdrawn uh i will now read off a list i'm sorry excuse me chair i'm sorry to interrupt um i have

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not officially received um the email from the applicant confirming that that has been withdrawn

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i apologize if we could announce that later in the session oh i'm sorry paul boney is available

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if you wanted to lack of weight mr bonnie please identify yourselves by your name i'll swear you

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Good morning. My name is Paul Bonney. My office address is 325 Chestnut Street, Suite 1109, 19106, and I represent the Appellant, Appellant Village Civic Association.

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We're a firm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Please proceed.

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um we uh did uh email a letter um last night uh indicating that we finalized the settlement and

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that we are withdrawing the case so i think a withdrawal is you can mark it withdrawn and

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we thank you for that thank you all right i'll repeat that again mi 2021 that's zero zero one

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577-3519 Hamilton Street has been withdrawn. We'll go to the regular list. Item number two,

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MI 2021-002-025. 1314 North Broad Street, request for continuance by the applicant's attorney.

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number six mi 2021-001-316-3451 wellington street continuance request by the applicant's attorney

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and i believe those are the only two well i'm sorry number 10

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MI 2021-001-325-5734-38 Old 2nd Street, a request for continuance by the applicant's attorney.

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If anyone disagrees with the three continuances I read into the record, please raise your hand.

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Only if you disagree with the request for those continuances.

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here i have a jason greenspoon

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good morning sir please identify yourself with a record spell your full name and i'll swear you in

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good good morning my name is jason greenspawn i'm an attorney for the city of philadelphia

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i just wanted to enter my appearance you spell your last name please spell your last name

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sure i'm sorry it's green g-r-e-e-n-s-p-o-n greenspan do you swear for him to tell the

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truth the whole truth nothing but the truth i do please proceed thank you again my name is

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jason greenspan i'm an attorney for the city of philadelphia i'm here just entering my appearance

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on on the last matter that you just read into the record relating to uh 5734 old second street

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i have no objection to the continuance request but i just want to enter my appearance because

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the city will be opposing and protesting any um variance request thank you so noted all right

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that case is continuing anyone disagree with any of the other cases that have been requested to be

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continue. Chair, we have an additional request for continuance from Andrew Goodman of Councilwoman

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Gauthier's office. It's number 11 on your list. We have no exhibits. It is the second listing.

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Mr. Goodman says our office requested continuance because no RCO meeting has taken

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in place, I'm happy to contact the individual to walk them through the responsibility.

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So second listing.

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It is.

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Yes.

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I'm going to make a motion to dismiss MI 20, thank you Sharon, MI 2020-003087, 800

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South 60th Street, 60th Street.

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my vote is to dismiss um chair excuse me could we first check to see if anyone is here representing

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My vote is to dismiss.

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Chair, excuse me, could we first check to see if anyone is here representing

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the applicant all right is there anyone here representing the applicant for 800 south 60th

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street if you're representing the applicant no hands at this time chair so my motion to dismiss

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still stands thank you uh my vote is to dismiss my vote is to dismiss dismiss thank you now i'll

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ask is anyone uh would anyone request is anyone going to request a continuance or withdrawal at

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this time please raise your hand if you're requesting a continuance or withdrawal for the

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9 30 list please raise your hand no hands at this time chair okay having said that we can go to our

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first case MI 2021-001-277-1133 Leopard Street. Mr. Notkinson is the attorney of record and

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there's the RCO letter in support from Fishtown Neighbors. Mr. Notkinson, can you hear me?

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And as a panelist now. Okay. Mr. Notkinson, can you please put your name and address on the

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record and spell your last name oh yes uh good morning mr chair uh members of the board my name

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is alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n one two three south broad

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street suite 1600 philadelphia pa 19109 do you swear a firm to tell the whole truth and nothing

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but the truth i do do you agree to waive the reading of the refusal and stipulate to its

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accuracy i do have you emailed the exhibit packet with proof of ownership tax compliance refusal or

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referral photos and or plans of the property five days in advance of this meeting and have you met

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with the rco and do you have a letter yes in all respects uh with with exception of a tax

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clearance we're still working through that issue so we're asking that we present this matter

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especially since communities in support of it for the board to hold it under advisement and then

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AND GIVE US THE OPPORTUNITY TO GET THE TAX CLARANCE AND THEN THE BOARD CAN TAKE A VOTE.

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THANK YOU.

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OKAY.

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YOU MAY PROCEED.

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ALL RIGHT.

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THANK YOU.

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MAY I SHARE MY SCREEN?

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SURE.

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ALL RIGHT.

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ALL RIGHT.

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SO WE'RE HERE FOR 1133 LEOPARD STREET.

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YOU'LL SEE THIS IS A NEWLY CONSTRUCTED FOUR STORY STRUCTURE, SINGLE FAMILY IN NATURE PROPOSED.

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You'll see my basic packet of materials.

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There's a deed to the property showing that my client owns it.

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Second one is the certificate of tax clearance or where it should be.

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We're still working on it.

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We do apologize for the delay in that.

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Third exhibit will be our notice of refusal.

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Fourth exhibit, our application for appeal.

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Fifth exhibit will be our maps of the neighborhood from a zoning perspective

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and a general Google Maps perspective.

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six are photographs of the property as well as the surrounding area including similarly situated

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properties. Exhibit seven will be our plans and drawings and exhibit eight most importantly is

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our letter of support from the Fishtown Neighbors Association as well as a letter of support from

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the next door neighbor at 1131 Leopard Street. All right so our deeds of property

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shows that JJ Management Group LLC owns the property at 1133 Leopard.

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card. Next, again, we are working on getting the tax clearance certificate. Third is our

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notice of refusal. This is an RSA 5 property, and all we're trying to do is put a single

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family structure here. We have essentially two refusals. We have three, but two of them

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are related. We're just trying to put a front-loading garage on this property where parking is not

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allowed on our side of the street, where similarly situated properties on that block, actually

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on both sides of the block also have off-street parking. The neighborhood was not in opposition

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to that and simply because there's no parking allowed on that side of the street so we're

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taking a car off the street for all intents and purposes with that garage. The second refusal is

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a dimensional refusal where we're required to have a seven-foot setback in the rear and we're only

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proposing 4.6. That's really a misnomer. Our lot is irregularly shaped. At the greatest

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point, we still do not meet the dimensional requirement of 7 feet, but we're almost there,

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it's about 6.5 feet. If this was a regular shaped lot that was square in the back, we

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would meet that. So really, this is an undue hardship argument. Application for appeal along

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with our notice of refusal and our project information form is exhibit four exhibit five

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again is a map of the area again as you can see here it's a regular shape in the rear we are on

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It's a regular shape in the rear.

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We are on Leopard.

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Leopard,

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uh,

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We have Durston in the rear of our property.

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We're right between Girard and West Widely.

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And then just a map of the area from a Google Maps perspective.

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And then photographs of the property.

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So right now it's a vacant lot.

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Let me just make this a little bit smaller so it can fit on one screen.

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or a vacant lot in between single-family structures.

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Here are properties to the right of the property on Leopard,

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the view of our property to the left of the property on Leopard,

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and then just, again, nearby front-loading garages,

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1125 and 1127 Leopard, 1123 and 21 Leopard,

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1117 Leopard, 1108 and 1110 Leopard, which is across the street,

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1107 Leopard, 1120 and 22 Leopard, and then are just our plans and drawings. Again

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we want to it's a little bit industrial look in nature this area so we kind of wanted to have our

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building facade kind of have that feel with the you know the big bright windows but keeping

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obviously single-family you know property in nature. And then as you can see this is where

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the refusal on the rear is, essentially four and a half feet here. It's a regular shape.

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It goes almost to six and a half feet here. But if we were just straight across, which

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is typical, we would not have that variance. And then the second and third variance deal

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with off-street parking. And we're proposing to have one parking spot within that structure.

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then in terms of the floor plans you know the first floor you can you know there's the garage

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uh in the rear there is like you know a basement area just for a powder room

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you know and then just an open air area for storage you go up a flight of steps

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it is an open concept with the living room and the kitchen go up a flight of steps two bedrooms

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a bath, a laundry facility, and then the fourth floor is the master bedroom, plus a roof deck

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on the roof. Most importantly, letter of support. You know, Fishtown Neighbors has a two-step

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process. We first meet with their executive board, and then we meet with the community,

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both the executive board and the community-voiced support for this project.

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and then just a letter of support that was signed by Besmir Kripa the owner of 1131 Leopold Street

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he's in support of this project as well and then just proof of our mailing of our community notice

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and with that being said um I would like to have um Jose Fiera like adopt my testimony

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jose can you virtually jose can you virtually raise your hand

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good morning mr fierro please identify yourself spell your fill spell your full name please

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and i'll swear you in i'm sorry he hasn't raised his hand

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all right mr notkinson you being the officer of the court would stipulate your client would

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have adopted your testimony any questions from the board no

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chair this is sharon i checked the tax compliance status and there are more than eleven thousand

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dollars owed in back taxes uh for 20 and 2020 and 2021 the status is listed as in collections

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and that's why we're trying to reach to the law firm that's handling that in order to rectify it

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that's what's taking us a little bit longer if we were had to deal directly with the city we've

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been able to do it by now so just communication issue we're going to need to do a resumption

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hearing strip or do we just need a letter sharon sharon i'm sorry i was muted um just just a letter

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or some proof of uh tax compliance or an agreement reached with the city we don't we won't need a

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resumption no we will not we'll just hold the vote on this until we have the tax clearance

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certification and the record otherwise closed all right mi 2021 that's zero zero one two seven seven

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one one three three leopard street the record is closed um excuse me chair i don't believe we've

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heard from the planning commission or anyone inattentive right i apologize anyone else

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would like to testify in this case please raise your hand sorry about that no hands at this time

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chair planning commission good morning david fecto f e c t e a u with the city planning commission

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