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Hearing video

ZBA Hearing - November 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20224h 55m

I do.

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Have you emailed all of the required pieces of information, starting with proof of ownership, tax compliance, refusal referral, photos, plans, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, in all respects.

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Okay, you may proceed and share your screen.

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Thank you.

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Thank you.

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So I'm here to present 6217 West Gerard Avenue.

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In our presentation materials for this RSA crime property, you'll see our notice of refusal where we're asking for four units in this existing structure.

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You'll see in our presentation materials that there's much basis for this allowance.

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There's a history of multifamily use in this property, and actually the last use of this property was an 11 office commercial building.

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So there's not much of a history of single-family use for this RSA 5 property, and you'll see nearby there's much multifamily of similarly situated properties.

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Because of that, in the merits of the case, and this is a corner property, and there's multiple forms of egress for these units, the HMC Squared Community Association issued the letter of support, which you'll see in Exhibit 2.

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In Exhibit 3, you'll see the 6200 block of West Girard Avenue, nearby multifamily structures of a similar use that we're requesting.

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exhibit forest maps of the area,

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then you'll see photographs of the property.

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Example, interior photographs of this developer, which same type of quality would be inspected

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Example, interior photographs of this developer,

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which Sam.

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if this project progresses. Plans and drawings from their architect or RCO meeting notice or

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application for appeal that we filed with the CBA or deed to their property showing that DNF

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properties is the owner of the property. Our certificate of tax clearance and again in the

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virtual audience is Dennis Friel, the owner's representative. First things first, this is an

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RSA by property, but it's of a significant size. The lot is almost 2,000 square feet. Again,

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significant history of non-single-family use, and all we're proposing is four units in this dwelling.

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You'll see from the letter of support, there was overwhelming support. There are some provisos here.

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I would think that the enforceable proviso are trash stored outside and garbage compactors within the units.

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So if this board is inclined to grant this variance request, those are the two provisos that we would request that would be included because that's what the neighborhood asked us.

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And then the 6200 block of West Girard.

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So you can see we're the corner property at 6217 West Girard.

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We're proposing four units.

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62.15, which is right next door to us, four units.

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62.13, WestJord, next to us, four units.

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So it's not enough character of what we're asking for.

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And unlike these landlocked properties, our property is a corner property where there's multiple forms of e-press.

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And then you can see here's the backup of, like, you know, proof that these are, you know, quadplexes, just like what we're requesting.

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and then maps of the area again this is a significantly sized uh uh lot uh it's almost

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2 000 square feet so and we're at the corner of drort and uh in felton and then photographs of

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the property so this is our property from the west drort avenue side this is our property from

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north felton street side as you can see this speaks nothing as being a single family structure

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and you can see there's multiple forms of egress here on the side which we you'll see from our

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drawings uh that we've accommodated our units appropriately here's our hearing notice postings

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again proof posting on both sides of the property and this is west gerard avenue to the right of the

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property, West Girard Avenue to the left of the property, North Felton Street to the right of the

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property, North Felton Street to the left of the property. As you can see from the pictures, this

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is not really a single-family portion of the neighborhood. There is a mix between industrial

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and multifamily use in close proximity. An example interior photos, I always like to try to show

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photos of what the property hopefully will look like if the variance is requested. So here's an

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example of just an open floor plan kitchen bathroom living room walk-in closets bathroom

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and then our plans are drawing it's pretty straightforward we're repurposing this property

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we're not trying to build on top of it create more square footage there's enough square footage in

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this building structure uh we just want to like obviously enliven this you know corner property

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as well. So again, there is really no basement use in this property as well. So for unit number

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one, you get in from the Girard Avenue side, and then that's a one bedroom, one bath. And they're

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all one bedroom, one baths. You can also get in from the Felton Street side, and then that's how

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get into unit number two so unit one and unit two are on the first floor you go up a flight of steps

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and you know once you reach the landing uh to the right is unit three and to the left is unit four

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we are not proposing any roof decks here we're using the existing building structure

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And we had a well attended meeting for this on September 1st at 6 p.m. 87 addresses were

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notified of this meeting. Here are the list of the addresses, proof of mailing to those

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addresses, our deeds of property showing that DNF properties is the owner of the property,

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our applications for appeal that we filed with the ZBA along with the notice of refusal

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and the project information form.

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And our certificate of tax planning

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And our Certificate of Tax Planner is showing that the owner is in good standing with respect to real estate taxes.

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showing that the owner is in good standing

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with respect to.

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I have in the virtual audience Dennis Friel, so if Mr. Friel can virtually raise his hand, so he can adopt my testimony as his own.

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Mr. Friel, could you state your name and spell for the court reporter, please?

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Chair, I see no one by that name in the virtual audience.

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Okay. Mr. Nogamson, you're an officer of the court. We'll accept your testimony.

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just one question what was the property last used for it was an 11 unit office building

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okay and before that it was a multi-family structure all right questions from the board

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no mr chairman no mr chairman no mr chairman no mr chairman no mr chairman questions or

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comments from the virtual audience

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okay i see no hands at this time by planning commission

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thank you mr chairman and good afternoon uh david fecto city planning commission

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mr chairman and members of the board the comprehensive plan recommends no change the

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residential single-family zoning at this location this property has a documented history of use as

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dwelling units and offices dating from at least the year 2000 the proposed dwelling units are in

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keeping with the previous use of this property for multifamily use. The City Planning Commission

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recommends that the Board grant the use variance. Thank you. MI-2022-003-938-6217 West

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Gerard Avenue. I vote yes with provisos. Trash stored inside yard with receptacle for each unit.

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Garbage disposal each unit. Carol Tenere, my vote is yes with proviso.

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Thomas Holloman, my vote is yes with provisos.

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James Snell, my vote is yes with provisos.

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Yes, my vote is yes with provisos.

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Thank you.

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Mr. Nockermson, MI2022-003-936-2325 Germantown Avenue,

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please state your name and identify your client and their relationship to the property.

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Yes, Alan Nockmson, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N.

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And the owner of this property is A to Z Real Estate Transaction LLC.

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And in the virtual audience is Ghazi Ida7, its member.

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Our vice chair has a few questions.

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Hi, Mr. Nockmson. Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes.

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Okay, you may proceed and begin with sharing your screen.

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Thank you.

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Bye.

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so this is a rather straightforward project uh 2325 germantown avenue uh you'll see from the

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notice of refusal this is a cmx3 property where we're proposing uh to have a triplex there so

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essentially we're we're asking the board to allow us to eliminate the commercial component and to

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simply swap out the commercial unit with the residential units which is not out of character

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uh to this to this block uh commercial is actually out of character for this block

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uh and uh we presented similar type of variance requests to this board which this board has

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granted uh you'll see that there's correspondence from the 37th board executive democratic committee

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the coordinating rco for this project at the well-attended meeting there was unanimous support

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for this project uh and simply because uh this is a property that has not has seen has not seen

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development in some time, and having a triplex would add the necessary density to help support

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any commercial nearby portal. Next, you'll see the CMX multifamily variances. This board has

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granted in the past, which have a similar nature. Maps in the area, photographs of the property,

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our plans and drawings, our RCO meeting notice, our application for appeal that we filed with

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the CBA, our D to the property showing an A to Z real estate transaction LLC as the owner of the

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property, and our Certificate of Tax Clearance. Again, in the virtual audience, it's Gaziata 7,

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it's a member. First things first, this refusal is on a CMX 2 property. We are seeking to have

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three family, three dwelling units in there. We have several refusals as a result. The first of

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which is indicating that we're only allowed

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two dwelling units, but a commercial unit.

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And simply we're trying to swap out that commercial unit

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with the residential unit,

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which leads to our second refusal.

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Because we're not providing that commercial unit,

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Because we're not providing that commercial unit, we're getting a refusal as to that.

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we're getting a refus-

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And then the third refusal is a de minimis maximum area refusal, where we're allowed to have a maximum occupied area of 75%, where 82.19% is proposed.

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Again, this is in a regular-shaped lot, as you'll see, and that's why we have that dimension.

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refusal so in order to have a functional floor plan we need a little bit extra building coverage

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for this project so as you can see 14 people attending this meeting all 14 voted and supported

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this project and then again not out of character to have a similar type of variance request

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you'll see 2240-44 north franklin street which is nearby this board granted a similar request

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22-47 North 8th Street, again, a similar request.

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23-12 Germantown Avenue, this board granted a similar request.

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23-34 Germantown Avenue, this board granted a similar request,

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merely swapping out the commercial component with the residential.

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23-16 North 6th Street, again, a similar request.

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And here's just a zoning map of the area.

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You can see we're mixed between CMX2 and RM1.

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But if you look nearby,

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at least on this part of the neighborhood,

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there really is no commercial corridor.

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And the neighborhood's looking to increase the density

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to the point which will allow for commercial use

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to actually thrive and survive.

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And you can see that from a Google Maps perspective,

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that there's really not much commercial use there either.

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And then for the rest of the property,

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this is a front of our property at 2325 Germantown.

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This property has been vacant for some time.

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You can see Google Earth only goes as far back as July of 2007.

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You can see this was a vacant lot.

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I would also point the board's direction

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to the corresponding properties, building structures,

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which no longer exist.

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But as you can see, this was never a commercial corridor.

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These building structures speak of full residential.

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And then this is Germantown Avenue to the right of the property, Germantown Avenue to the left of the property.

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Our plans and drawings, again, we're trying to do a solid brick facade, no bay windows.

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and then this you can see from here this is where we're having issues because of how the building

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that the lot is is you know not straight like this is angular which is causing issues uh for

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our uh maximum occupied uh area if this was squared off we wouldn't have those issues but

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because of the angular nature of the lot, that's why we're asking for that, the minimus dimensional

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variance. And then this is our project in a nutshell. The first unit is a bi-level unit,

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which is two bedrooms, two baths. The second unit is on the second floor, which is a two-bedroom,

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two-bath. And then the third unit is on the third floor, which is a two-bedroom, two-bath.

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or our rco meeting notice we met on september 19th with the community it was an in-person meeting

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100 addresses were notified of that meeting list of the addresses proof of mailing to those

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addresses our application for appeal that we filed with the cba our notice of refusal our

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project information form our deed to the property showing to a to z real estate transaction llc is

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owner of the property or certificate of tax clearance showing that no money is owed

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to the city of philadelphia for real estate taxes so with that being said i believe that

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mr addis evans in the virtual audience i would ask that he virtually raise his hands

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mr addis seven please unmute yourself and wait for the chair

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sir could you state your name and spell it please for the court reporter

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My name is Gazi, G-A-Z-I.

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The last name is Ataseven, A-T-A-S-E-V-E-N.

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Right.

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Do you swear or affirm to tell the truth?

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The whole truth is nothing but the truth.

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Yes, I do, sir.

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Proceed, Mr. Knopson.

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Yes, Mr. Ataseven, you heard everything I had to say today.

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Yes, I heard.

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Is it true and correct?

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Yes, absolutely.

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And do you adopt my testimony as your own?

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Yes.

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Thank you.

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Alan, is there almost the whole block vacant?

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i would i would say so but mr seven you probably would know better than me since you own the

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I would say so, but Mr. Assevin, you probably would know better than me since you own the property.

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property what can you ask can you answer the chairman uh yeah i i was can you hear me yes

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okay yes sir yes almost half of the block is uh empty uh and i sold one one vacant land two six

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months ago they are starting construction but to answer your question yes half of them almost

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vacant yeah thank you and the one question no i was going to say i believe the one that started

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construction is one of those variants requests that we yes yes for the three units all right

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thank you questions from the board no mr chairman and mr chairman no mr chairman

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questions or comments from the virtual audience

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here i see no hands at this time thank you planning commission thank you sir good afternoon

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david facto city planning commission mr chairman and board members the comprehensive plan recommends

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